PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971 - SECT 9 Emergency attachment of earnings orders.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971 - SECT 9

Emergency attachment of earnings orders.

9.(1) Where, on an application made in accordance with county court rules to
the county court within one year from the payment of any sum pursuant to an
emergency enforcement order, a defaulter proves to the satisfaction of the
court that such sum was not due by him at the time of making such payment, the
court may order that the amount of such payment, or any part thereof, which
was not due at that time be paid or, if the court thinks proper, credited to
him by the government department or local or public authority or other person
for whose benefit the emergency enforcement order was made; but, save as
aforesaid and as provided by subsections (2) to (4), no further or other
action or proceeding whatsoever (whether original or appellate) shall lie
against that government department or local or public authority or other
person in respect of that payment.

(2) Subject to subsection (4), any person against whom an emergency attachment
of earnings order is made may appeal therefrom to ... the High Court whose
decision thereon shall be final and conclusive.

(3) Subject to subsection (4), any person against whom an
emergency enforcement order (other than an emergency attachment of earnings
order) is made may appeal therefrom on a question of law to [the Court of
Appeal] whose decision thereon shall be final and conclusive.

(4) An emergency enforcement order shall, notwithstanding that an appeal
therefrom has been made in pursuance of subsection (2) or (3), remain in full
force and effect unless and until the order is set aside by the [High Court or
the Court of Appeal] after hearing the appeal.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/pfdpai1971581/s9.html

Northern Irish Legislation

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971 - SECT 9