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The Magistrates' Courts (Northern Ireland) Order 1981
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The Magistrates' Courts (Northern Ireland) Order 1981, Section 103 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 103:
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) arts.3(4) 25
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.3(5) Sch.1
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.5(2)
- Instrument mod (prosp) by 1994 c. 33 s. 91(3)
- Instrument revoked by 1998 c. 41 s.74(1) (3) Sch.12 para.5 Sch.14 Pt.I
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Act amended by 1996 c. 25 s.79 Sch.4 para 30
- Order applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
- Order power to modify conferred by 2015 c. 9 (N.I.) s. 24(5)(a) (see s 24(6))
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch.6 Pt.I paras.18 19 revoked by 1995 c. 21 s. 314(1) Sch.12 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch.6 Pt.I para.5 revoked by S.I. 1995/756 art.15 Sch.
- Sch. 6 para. 128-130 repealed by 2011 c. 15 (N.I.) Sch. 3 Pt. 2 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 125 repealed by 2011 c. 16 (N.I.) Sch. 5 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 Pt. 3 para. 170 repealed by S.I. 2007/916 (N.I.) Sch. 8 Pt. 1 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 144 repealed by 2006 c. 48 Sch. 15 Pt. 4 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 21 repealed by 2013 c. 22 Sch. 11 para. 210 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- Sch. 6 para. 25 repealed by 2013 c. 22 Sch. 11 para. 210 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)
- art. 29A excluded by 1975 c. 59, s. 4(3) (as substituted) by 2015 c. 9 (N.I.) s. 7(6)
- art. 29A inserted by 2015 c. 9 (N.I.) s. 7(2)
- art. 34(1A)-(1E) inserted by 2015 c. 9 (N.I.) s. 8(2)
- art. 140(2ZA) inserted by 2016 c. 18 (N.I.) Sch. 10 para. 16
Persons employed under the CrownN.I.
103.—(1) The fact that an attachment of earnings order is made at the suit of the Crown shall not prevent its operation at any time when the debtor is in the employment of the Crown.
(2) Where a debtor is in the employment of the Crown and an attachment of earnings order is made in respect of him, then for the purposes of Articles 101, 102 and 104 to 108—
(a)the chief officer for the time being of the government department, office or other body in which the debtor is employed shall be treated as having the debtor in his employment (any transfer of the payer from one department, office or body to another being treated as a change of employment); and
(b)any earnings paid by the Crown, a Minister of the Crown or a government department, or out of the public revenue of the United Kingdom or Northern Ireland, shall be treated as paid by the said chief officer.
(3) In accordance with Article 100(3), the reference in paragraph (2)(a) to the department, office or other body in which the debtor is employed shall, in the case of a debtor who is not employed for the purposes of, but whose earnings are paid in the capacity of principal by, such a body, be construed as a reference to the department, office or other body by which any earnings of his are paid in that capacity.
(4) If any question arises, in proceedings for or arising out of an attachment of earnings order, as to what department, office or other body is concerned for the purposes of this Article, or as to who for those purposes is the chief officer thereof, the question shall be referred to and determined by the Department of the Civil Service or, as the case may require, the Minister for the Civil Service; but the Department or Minister shall not be under any obligation to consider a reference under this paragraph unless it is made by the court.
(5) A document purporting to set out a determination of the Department of the Civil Service under paragraph (4) and to be signed by an officer of that Department, or to set out a determination of the Minister for the Civil Service under that paragraph and to be signed on behalf of the Minister shall, in any such proceedings as are mentioned in that paragraph, be admissible in evidence and be deemed to contain an accurate statement of such a determination unless the contrary is shown.
(6) In this Article “government department” includes a department of the Government of the United Kingdom.
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