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PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971 - SECT 8

Application of certain provisions of 1981 NI 6 to certain emergency enforcement orders.

8.(1) If it appears to the Master, consequent on an application under
section 3, that the defaulter is a person to whom earnings fall to be paid,
the Master may, ..., make an emergency attachment of earnings order requiring
the person to whom the order is directed (being a person appearing to be the
employer by whom those earnings are wholly or partly paid) to make out of
those earnings, or part thereof, such payments as may be specified in the
order, so, however, that, in arriving at the amount of the payments to be
specified, the Master shall make what appears to him to be due allowance for
the reasonable personal and family obligations of the defaulter.

(2) The provisions of [Articles 3, 73(2), (3) and (5) and 74 to 79 of, and
Schedule 1 to, the Judgments Enforcement Order] shall, [subject to subsection
(3)], apply to an emergency attachment of earnings order as if it were an
attachment of earnings order.

[(3) The provisions mentioned in subsection (2) shall have effect for the
purposes of this section

(a)subject to any necessary modifications, and, in particular, the
substitution for any references to the Office of references to the Master
(except that no such substitution shall be made for the references in Articles
73(2)(b) and 74(2), the first reference in Article 76(6) and the second
reference in Article 78(c), and except that the references in Article 74(3)
and paragraph 7(1)(a) of Schedule 1 shall for those purposes include
references to the Master) and the substitution for references to the debtor
and the amount recoverable on foot of the relevant judgment of references to,
respectively, the defaulter and the amount recoverable under the emergency
attachment of earnings order;

(b)subject to section 11(3) of this Act;

(c)with the substitution for Article 76(1) of the following paragraph

(i)"(1) The Master may make an order varying (including suspending or
reviving) or discharging an emergency attachment of earnings order."; and

(d)with the omission of

(i)sub-paragraph (a) of paragraph (1) of Article 77 and the references to that
sub-paragraph in paragraphs (2) and (3), and

(ii)paragraphs (a) and (b) of Article 78.]

© 1971 Crown Copyright

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