The Administration of Justice Act 1970 (c. 31) is a UK

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliame ...

. Section 11 reforms the

Debtors Act 1869 The Debtors Act 1869 (32 & 33 Vict. c. 62) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that aimed to reform the powers of courts to detain debtors. Detail In England, debtors owing money could be easily deta ...

by further restricting the circumstances in which debtors may be sent to

prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, corre ...

. Section 40 includes a number of provisions forbidding creditors such as debt collection agencies from harassing debtors, including: * Excessive demands for payment * Falsely claiming that criminal proceedings will follow after failing to pay a debt * Falsely pretending to be officially authorised to collect payment * Producing false documents claiming to have some official status that they do not have Section 36 was enacted to return the law to the position which it was generally thought to be, and applied by the courts since the mid 1930s,Loveland, I. (2014). Peaceable entry to mortgaged premises: considering the doctrine’s compatibility with Art 8 HRA. Conveyancer and Property Lawyer, 2014(5), pp. 381-397. before the landmark bar to adjournments applied by the courts since 1962 in the decision of ''Birmingham Citizens Permanent Building Society v Caunt''

962 Year 962 ( CMLXII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * December – Arab–Byzantine wars – Sack of Aleppo: A Byzantine e ...

which had put an end to a practice under which mortgage possession summonses were adjourned to give the mortgagor an opportunity to pay by instalments. It had intended to restore the position to what it had previously been thought to be."No court order needed to take possession" Kate O'Hanlon ''

The Independent ''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publish ...

'' 15 January 1999 The section did not however cover those mortgages excluding section 103 of the

Law of Property Act 1925 The Law of Property Act 1925c 20 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modern ...

. Section 1 transferred certain non-family matters away from what was then called the ''Probate, Divorce and Admiralty Division'' and renamed it as the

Family Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...

References

External links

* United Kingdom Acts of Parliament 1970 {{UK-statute-stub

See also

References

External links