|
|
[Home] [Databases] [World Law] [Search] [Feedback] | |
Northern Irish Legislation |
||
| You are here: BAILII >> Databases >> Northern Irish Legislation >> JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 | ||
[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]
73.(1) Without prejudice to section 77F(2) and (3), where it appears to
the Office that a debtor is a person to whom earnings fall to be paid,
the Office may, on the application of the creditor, make an order ("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.
(2) The person to whom an attachment of earnings order is directed shall be a
person who appears to the Office 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
Part I of Schedule 1A; and
(b)at such times as the order may require, or as the Office may allow, to pay
the amounts deducted to the Office, as specified in the order.
(3) For the purposes of this section, sections 74 to 77D and Schedule 1A, the
relationship of employer and employee shall be treated as subsisting between
two persons if one of them, as a principal and not as a servant or agent, pays
to the other any sums defined as earnings by section 77C.
(4) An attachment of earnings order shall contain particulars prescribed by
rules enabling the debtor to be identified by the employer.
(5) The order shall specify the whole amount recoverable on foot of the
relevant judgment (or so much of that amount as remains unpaid).
(6) 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 Office 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 whom he must, or reasonably may, provide), the Office thinks
it reasonable that the earnings actually paid to him should not be reduced.
(7) An attachment of earnings order may be made to secure the discharge of a
liability arising before the commencement of this section.][
© 1969 Crown Copyright
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback
URL: http://www.bailii.org/nie/legis/num_act/jai1969392/s73.html