Tribunals, Courts and Enforcement Act 2007

Prospective

Amendment of section 14: Power of court to obtain information E+W

9 E+W In section 14(1) (power of court to order debtor and employer to provide specified information), for “an attachment of earnings order” substitute “ a Schedule 3 deductions order ”.

10 E+W After section 14(1) insert—

“(1A) Where in any proceedings [F1 the county court] has power to make a fixed deductions order, the court may order the debtor to give to the court, within a specified period, a statement signed by him of—

(a) the name and address of any person by whom earnings are paid to him; and

(b) specified particulars for enabling the debtor to be identified by any employer of his.”

Textual Amendments

F1 Words in Sch. 15 para. 10 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

11 E+W In section 14(2) (powers of court after attachment of earnings order has been made), for the words from “Where” to “in force—” substitute “ At any time when a Schedule 3 deductions order is in force, the court or the fines officer, as the case may be, may— ”.

12 E+W After section 14(2) insert—

“(2A) At any time when a fixed deductions order is in force, the court may—

(a) make such an order as is described in subsection (1A) above; and

(b) order the debtor to attend before it on a day and at a time specified in the order to give the information described in subsection (1A) above.”

13 E+W In section 14(4) (rules of court about notice of application for attachment or earnings order), for the words from “give” to “the application.” substitute “ , within such period and in such manner as may be prescribed, give the court a statement in accordance with subsection (4A) or (4B). ”

14 E+W After section 14(4) insert—

“(4A) In a case where the attachment of earnings order would, if made, be a Schedule 3 deductions order, the debtor must give a statement in writing of—

(a) the matters specified in subsection (1)(a) above, and

(b) any other prescribed matters which are, or may be, relevant under section 6 of this Act to the determination of the normal deduction rate and the protected earnings rate to be specified in any attachment of earnings order made on the application.

(4B) In a case where the attachment of earnings order would, if made, be a fixed deductions order, the debtor must give a statement in writing of the matters specified in subsection (1A) above.”

15 E+W In section 14(5) (certain statements in proceedings for making or varying etc attachment of earnings orders deemed to be evidence of facts stated), after “subsection (1)(a) or (b)” insert “ or (1A) ”.