JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969

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JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 133

Citation.

133.(1) This Act may be cited as the Judgments (Enforcement) Act (Northern
Ireland) 1969.

Subs.(2) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

Schedule 1 rep. by 1979 NI 3 art.35(3) sch.5

1. Paragraphs 2 to 6 have effect for defining and explaining, for purposes of
this Schedule, expressions used therein.

2. "Pay-day", in relation to earnings paid to a debtor, means an occasion on
which they are paid.

3. "Attachable earnings", in relation to a pay-day, are the earnings which
remain payable to the debtor on that day after deduction by the employer of

(a)income tax;

(b)primary Class 1 contributions under Part I of the Social Security (Northern
Ireland) Act 1975;

(c)amounts deductible under any statutory provision, or in pursuance of a
request in writing by the debtor, for the purposes of a superannuation scheme
within the meaning of the Wages Councils Act (Northern Ireland) 1945.

4. "Debtor" includes, in relation to the attachment of earnings to enforce an
order for the periodical payment of money, the person liable to make payments
under the order.

5. "Maintenance order" means an order such as is referred to in paragraph (a)
or (b) of section 77D(1).

6. On any pay-day

(a)"the normal deduction" is arrived at by applying the normal deduction rate
(as specified in the relevant attachment of earnings order) with respect to
the period since the last pay-day or, if it is the first pay-day of the
debtor's employment with the employer, since the employment began; and

(b)"the protected earnings" are arrived at by applying the protected earnings
rate (as so specified) with respect to the said period.

7.(1) This paragraph applies where the attachment of earnings order has been
made

(a)by the Office, or

(b)by a court otherwise than to secure payments under a maintenance order.

(2) The employer shall on any pay-day

(a)if the attachable earnings exceed the protected earnings, deduct from the
attachable earnings the amount of the excess or the normal deduction,
whichever is the less;

(b)make no deduction if the attachable earnings are equal to, or less than,
the protected earnings.

8.(1) This paragraph applies where the attachment of earnings order has been
made by a court to secure payments under a maintenance order.

(2) If on a pay-day the attachable earnings exceed the sum of

(a)the protected earnings; and

(b)so much of any amount by which the attachable earnings on any previous
pay-day fell short of the protected earnings as has not been made good by
virtue of this sub-paragraph on another previous pay-day,

(3) The said amount is the sum of

(a)the normal deduction; and

(b)so much of the normal deduction on any previous pay-day as was not deducted
on that day and has not been paid by virtue of this sub-paragraph on any other
previous pay-day.

(4) No deduction shall be made on any pay-day when the attachable earnings are
equal to, or less than, the protected earnings.]

Part II rep. by 1981 NI 6 art.147(3) sch.4

Schedule 2Amendments. Schedule 3 rep. by 1981 NI 6 art.147(3) sch.4.
Schedule 4Amendments. Schedules 5, 6 rep. by 1981 NI 6 art.147(3) sch.4

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Northern Irish Legislation

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 133