Document ID: chunk:federal_register_of_legislation:C2025C00167:section:205:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 205 (pt 1/3)
Character Range: 679409–681862

205  Duties of sheriff after receiving notice of signing of authority under section 188 etc.
 (1) Subject to this section, where notice in writing of the signing by a debtor of an authority under section 188, of the calling of a meeting of creditors of a debtor in pursuance of this Division or of the passing of a special resolution under section 204 requiring a debtor to execute a personal insolvency agreement or present a debtor's petition is given to a sheriff, the sheriff:
 (a) shall refrain:
 (i) from taking any action to sell property of the debtor in pursuance of any process of execution issued by or on behalf of a creditor; and
 (ii) from taking any action on behalf of a creditor to attach a debt due to the debtor; and
 (b) shall not:
 (i) pay to the creditor by whom, or on whose behalf, the process of execution was issued, or to any person on his or her behalf, the proceeds of the sale of property of the debtor that has been sold in pursuance of any such process or any moneys seized, or paid to avoid seizure or sale of property of the debtor, in pursuance of any such process; or
 (ii) pay to the creditor, or to any person on his or her behalf, any moneys received as a result of the attachment of the debt due to the debtor.
 (2) Where a notice is given under subsection (1) to a sheriff, a creditor who has issued a process of execution, or on whose behalf a process of execution has been issued, against property of the debtor, or who has taken action, or on whose behalf action has been taken, to attach a debt due to the debtor, in respect of a liability of the debtor under a maintenance agreement or maintenance order (whether entered into or made, as the case may be, before or after the commencement of this section) may give to the sheriff a written notice setting out details of the maintenance agreement or maintenance order, and, upon the giving of the notice, subsection (1) ceases to apply in relation to the process of execution or attachment, as the case may be.
 (3) Subject to this section, where notice in writing of the signing by a debtor of an authority under section 188, of the calling of a meeting of creditors of a debtor in pursuance of this Division or of the passing of a special resolution under section 204 requiring a debtor to execute a personal insolvency agreement or present a debtor's petition is given to the registrar or other appropriate officer of a court:
 (a) to which the proceeds of