JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 102 Offences in relation to attachment of earnings orders.

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JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 102

Offences in relation to attachment of earnings orders.

102.(1) Subject to subsections (4) and (5), a person commits an offence if

(a)being required by section 74(1) or 76(3) to comply with an
attachment of earnings order, he fails to do so; or

(b)being required by section 74(2) to give a notice for the purposes of that
subsection, he fails to give it, or fails to give it within the period
required by that subsection; or

(c)he fails to comply with a direction under section77(1) or (2); or

(d)he fails to comply with section 77A; or

(e)he gives a notice for the purposes of section 74(2), or a notification for
the purposes of section 77A, which he knows to be false in a material
particular, or recklessly gives such a notice or notification which is false
in a material particular; or

(f)in purported compliance with section 74(2) or (4)(b) or 77A, or with a
direction under section 77(1) or (2), he makes any statement which he knows to
be false in a material particular, or recklessly makes any statement which is
false in a material particular.

(2) Where a person commits an offence under subsection (1)

(a)he shall in any case on summary conviction be liable to a fine not
exceeding #100; or

Para.(b) rep. by 1981 NI 6 art.147(3) sch.4

(3) Where a person who has been convicted under subsection (2), or on whom a
fine ... has been imposed under that subsection otherwise than following such
a conviction, commits a second or subsequent offence under the same provision
of subsection (1) in relation to the same provision of this Act (and in the
case of an offence under subsection (1)(a) in relation to the same
attachment of earnings order) subsection (2)(a) ... shall have effect as if
the reference therein ... to #100 were to #400.

(4) It shall be a defence

(a)for a person charged with an offence under subsection (1)(a) to prove that
he took all reasonable steps to comply with the attachment of earnings order
in question;

(b)for a person charged with an offence under subsection (1)(b) to prove that
he did not know, and could not reasonably be expected to know,

(i)that the debtor was not in his employment, or (as the case may be),

(ii)that the debtor had ceased to be in his employment,

(b)and that he gave the required notice as soon as reasonably practicable
after the fact came to his knowledge.

(5) It shall also be a defence for a person charged with an offence under
subsection (1)(b) of failing to give notice that the debtor had ceased to be
in his employment to prove that he had had reasonable cause to believe that
the Office, or, as the case may be, the court had knowledge of the cesser.

(6) Where a person is convicted of or dealt with for an offence under
subsection (1)(a) the court ... may order him to pay to the Office or, as the
case requires, the collecting officer of the court or the prescribed person
(within the meaning of section 77D(3)(a)(ii)) or the creditor any sums
deducted by that person from the debtor's earnings and not already so paid.

Subs.(7) rep. by 1981 NI 6 art.147(3) sch.4

(8) ... any sum ordered by a court of summary jurisdiction to be paid under
subsection (6) shall be recoverable as a sum adjudged to be paid on a
conviction by that court.

Subs.(9) rep. by 1981 NI 6 art.147(3) sch.4

(10) In this section references to proceedings in a court are to proceedings
in which that court has power to make an attachment of earnings order or has
made such an order, and references to a debtor or creditor include references
to, respectively, the person liable to make payments under an order such as is
referred to in section 77D(1)(a) or (b) or the person entitled to those
payments.]

S.103, 103A rep. by 1981 NI 6 art.147(3) sch.4

Ss.104127 rep. by 1972 NI 16 art.63(3) sch.19 Pt.I; 1976 NI 13 art.14 sch.;
1978 c.23 s.122(2) sch.7 Pt.II; 1979 NI 3 art.35(3) sch.5; 1981 NI 6
art.147(3) sch.4

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Northern Irish Legislation

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 102