Search Legislation

Justice Act (Northern Ireland) 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Attachment of earnings

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Justice Act (Northern Ireland) 2016, Cross Heading: Attachment of earnings. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Attachment of earningsN.I.

Attachment of earnings orderN.I.

18—(1) An attachment of earnings order is an order requiring the person to whom the order is directed to make such payments as are specified in the order out of the earnings which are payable to the debtor for the purpose of securing payment of the outstanding amount.

(2) An attachment of earnings order may be made only in the case of a debtor who, at the time the order is made, is an individual aged 18 or over.

(3) The person to whom an attachment of earnings order is directed must be a person who appears to the court or collection officer (according to which of them is making the order) to employ the debtor; and references in this section, section 19 and Schedule 1 to the employer, in relation to an attachment of earnings order, are to be read accordingly.

(4) An attachment of earnings order must—

(a)contain particulars specified in regulations enabling the debtor to be identified by the employer,

(b)contain particulars specified in regulations of the amount to be recovered by the order,

(c)specify the rate calculated in accordance with regulations as the rate at which amounts are to be deducted from the debtor's earnings,

(d)specify to whom payments are to be made,

(e)contain information about how to contact the collection officer, and

(f)contain such other information as may be specified in regulations.

(5) A person is to be treated as employing another person if that person, as principal and not as a servant or agent, pays to the other person sums defined as “earnings” for the purposes of this section.

(6) In this section, “earnings” has such meaning as is specified in regulations.

(7) Schedule 1, which makes further provision in relation to attachment of earnings orders, has effect.

[F1(8) For provision as to the disclosure of information for the purposes of this section, see Part 3B of Schedule 5 to the Courts Act 2003.]

Textual Amendments

F1S. 18(8) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017 (S.I. 2017/570), arts. 1(2), 2(4)

Commencement Information

I1S. 18(1)-(3) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

I2S. 18(4)(6) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(e)

I3S. 18(4)(6) in operation at 1.6.2018 in so far as not already in operation by S.R. 2018/99, art. 2(a)

I4S. 18(5)(7) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

Statement of earningsN.I.

19—(1) Where the court or a collection officer is proposing to make an attachment of earnings order, the court or collection officer may give a direction under subsection (2) or (3).

(2) A direction under this subsection is a direction to the debtor to provide within the period specified in regulations a statement signed by the debtor of—

(a)the name and address of any employer the debtor has;

(b)particulars specified in regulations of the debtor's earnings and expected earnings, and of the debtor's resources and needs (including the needs of any person for whom the debtor must, or reasonably may, provide);

(c)particulars specified in regulations of any matters which are, or may be, relevant to the determination of the rate of deduction for the purposes of section 18(4)(c);

(d)particulars specified in regulations for enabling the debtor to be identified by the debtor's employer.

(3) A direction under this subsection is a direction to the debtor's employer to provide within a period specified in regulations a statement signed by or on behalf of that person of particulars specified in the regulations of the debtor's earnings or expected earnings.

(4) Where an attachment of earnings order has been made, the responsible court or the collection officer (regardless of which of them made the order) may at any time while the order is in force give a direction under subsection (2) or (3).

(5) A document purporting to be a statement such as is mentioned in subsection (2) or (3) is, in proceedings for or arising out of an attachment of earnings order, to be received in evidence and deemed to be such a statement without further proof, unless the contrary is shown.

(6) A person commits an offence if the person fails, without reasonable excuse, to comply with a direction under subsection (2) or (3).

(7) A person commits an offence if, in providing information in response to a direction under subsection (2) or (3), the person—

(a)provides information which the person knows to be false in a material particular,

(b)recklessly provides information which is false in a material particular, or

(c)knowingly fails to disclose a material fact.

Commencement Information

I5S. 19(1) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

I6S. 19(2)(3) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(f)

I7S. 19(2)(3) in operation at 1.6.2018 in so far as not already in operation by S.R. 2018/99, art. 2(a)

I8S. 19(4)-(7) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources