C1 PART IXSATISFACTION AND ENFORCEMENT OF ORDERS
Attachment of earnings for enforcement of orders for the periodical payment of money
Making of attachment of earnings order101
1
Where it appears to a court of summary jurisdiction that a debtor is a person to whom earnings fall to be paid, the court may make an attachment of earnings order requiring the person to whom the order is directed to make out of those earnings, or part thereof, such payments as may be specified in the order.
3
The person to whom an attachment of earnings order is directed shall be a person who appears to the court to have the debtor in his employment; and the order shall operate as an instruction to that person—
a
to make periodical deductions from the debtor's earnings in accordance with Article 102; and
b
at such times as the order may require, or as the court may allow, to pay the amounts deducted to—
i
where the attachment of earnings order is made by a court of summary jurisdiction to enforce an order for the periodical payment of money through a collecting officer, the collecting officer;
Head (ii) rep. by 1995 NI 2
iii
in any other case, the person entitled to the payments for which the order to be enforced provides;
as specified in the order.
4
An attachment of earnings order shall contain particulars prescribed by magistrates' courts rules enabling the debtor to be identified by the employer.
5
The order shall specify—
a
the normal deduction rate, that is to say, the rate (expressed as a sum of money per week, month or other period) at which the court thinks it reasonable for the debtor's earnings to be applied to meeting his liability under the relevant judgment; and
b
the protected earnings rate, that is to say the rate (so expressed) below which, having regard to the debtor's resources and needs (including the needs of any person for which he must, or reasonably may, provide), the court thinks it reasonable that the earnings actually paid to him should not be reduced.
6
The normal deduction rate for the purposes of paragraph (5)(a)—
a
shall be determined after taking account of any right or liability of the debtor to deduct income tax when making the payments, and
b
shall not exceed the rate which appears to the court necessary for the purposes of securing payment of the sums falling due from time to time under the order which is to be enforced and securing payment within a reasonable period of any sums already due and unpaid under that order.
7
Where an attachment of earnings order has been made by a court of summary jurisdiction to secure the payment of any money no proceedings for committal or distress by reason of failure to pay that money which were begun before the making of the order shall be continued.
Pt. IX (arts. 91-117) applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 88(6)(7), 153(4)(d); S.I. 2009/2606, art. 2(i)