|
|
[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]
77D.(1) An attachment of earnings order may be made
Para.(a) rep. by 1981 NI 6 art.147(3) sch.4
(b)by a court of summary jurisdiction for the enforcement of an order such as
is mentioned in section 110(9) of the Magistrates' Courts Act (Northern
Ireland) 1964 (maintenance orders, affiliation orders and other orders for the
periodical payment of money, including some made by the High Court or in other
jurisdictions) [or of an order which is enforceable as if it were such an
order], including [any such order] which has been rescinded, revoked or
discharged, if any arrears are recoverable under it;
(c)by any court in circumstances (other than any involving default in
complying with orders referred to in paragraphs (a) and (b)) where the court
has power to commit to prison under section 88 a person who could have paid
the amount due or recoverable on foot of a judgment, or an instalment, but has
refused or neglected to do so (and the court may treat an application for an
order of committal under that section as an application for an
attachment of earnings order).
Subs.(2) rep. by 1981 NI 6 art.147(3) sch.4
(3) The provisions of sections 73 to 77C shall apply to an
attachment of earnings order made by a court as they apply to one made by
the Office, subject to the following modifications
(a)references in sections 73 to 77B to the Office shall be construed as
references to the court, except that
(i)in section 74(3) the reference to the Office shall not be so construed;
(ii)in section 73(2)(b) the second reference to the Office, in section 74(5)
both such references and in section 76(6) the first such reference shall be
construed as references to, 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 (as defined by
section 95(2) to (4) of the Magistrates' Courts Act (Northern Ireland) 1964
or, as the case requires, as described in section 15(2) of the Maintenance and
Affiliation Orders Act (Northern Ireland) 1966), or where the order is made to
enforce an order registered under subsection (8) of section 27 of the
Maintenance Orders (Reciprocal Enforcement) Act 1972,the person prescribed
under subsection (9) of that section ("the prescribed person"), and in any
other case shall be construed as a reference to the person entitled to the
payments for which the order to be enforced provides;
<(iii)in sections 74(2) and 77A(a) the references to the Office, and in section 77A(c) the second reference to the Office, shall be construed as references to such officer of the court as may be prescribed by rules of court;
(b)for section 76(1) there shall be substituted the following subsection
"(1) The court may make an order varying (including suspending or reviving) or
discharging an attachment of earnings order.";
(c)in sections 73(4) and 76(5) the references to rules shall be construed as
references to rules of court;
(d)where the attachment of earnings order is, or is to be, made to secure
payments under an order ("the original order") such as is referred to in
subsection (1)(a) or (b)
(i)references in sections 73 to 77B to the debtor and the creditor shall be
construed as references to, respectively, the person liable to make payments
under the original order ("the payer") and the person entitled to those
payments ("the payee");
(ii)the application under section 73(1) may be made by the payer or, where
appropriate, the collecting officer or prescribed person, instead of by
the payee, or the order may, with the consent of the payer, be made by the
court concurrently with the original order, or with any order varying or
reviving the original order, without any application;
<(iii)the order shall not be made otherwise than on the application, or with the consent, of the payer unless it appears that the payer has failed to make one or more payments in accordance with the original order and that his failure is due to his wilful refusal or culpable neglect;
<(iv)sections 73(5), 76(8) and 77C(2)(f) shall not apply (and accordingly section 11(1)(a) of the Merchant Shipping Act 1970 (prohibition on attachment of certain seamen's wages) shall not apply);
(v)the normal deduction rate for the purposes of section 73(6)(a)
(A)shall be determined after taking account of any right or liability of
the payer 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 original order and securing payment within a reasonable period of any sums
already due and unpaid under the original order;
<(vi)any sums paid by the employer under the order shall be treated as sums paid by the payer.
(4) Where an attachment of earnings order has been made by a court to secure
the payment of any money
(a)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; and
(b)upon the making of an order of committal or the issue of a warrant of
distress in respect of money to which the attachment of earnings order
relates, that order shall cease to have effect.
(5) An attachment of earnings order made by a court to secure payments under
an order such as is referred to in subsection (1)(a) or (b) shall cease to
have effect
(a)upon the grant of an application for registration of the original order in
another court (whether the High Court or a court of summary jurisdiction)
under Part II of the Maintenance and Affiliation Orders Act (Northern Ireland)
1966 (whether or not the grant subsequently becomes void under section 11(2)
of that Act);
(b)where the original order is registered under the said Part II, upon the
giving of notice with respect to it under section 14 of that Act of 1966 with
a view to cancellation of its registration;
(c)upon the rescission or revocation of the original order, or upon its being
discharged while it is not registered under the said Part II, unless the court
otherwise orders with a view to recovering arrears under the original order;
(d)upon the original order ceasing to be registered in a court in Northern
Ireland, or becoming registered in a court in another part of the United
Kingdom, under Part II of the Maintenance Orders Act 1950.
(6) Where an attachment of earnings order ceases to have effect under
subsection (4)(b) or subsection (5), such officer of such court as may be
prescribed by rules of court shall give notice of the cesser to the employer.
(7) Where an attachment of earnings order ceases to have effect under
subsection (4)(b) or subsection (5), section 76(4) shall apply as it applies
in a case where such an order is discharged.]
Ss.77E 77L inserted by 1979 NI 3 art.18 sch.2, rep. by 1981 NI 6 art.147(3)
sch.4
© 1969 Crown Copyright
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback
URL: http://www.bailii.org/nie/legis/num_act/jai1969392/s77d.html