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Judgments Enforcement (Northern Ireland) Order 1981

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Compliance with order by employerN.I.

100.—(1) Where an attachment of earnings order has been made, the employer shall, if he has been served with the order, comply with it; but he shall be under no liability for non-compliance before seven days have elapsed since the service.

(2) Where a person is served with an attachment of earnings order directed to him and he has not the debtor in his employment, or the debtor subsequently ceases to be in his employment, he shall (in either case), within 10 days from the date of service or, as the case may be, the cesser, give notice in writing of that fact to such officer of the court as may be prescribed by rules of court.

(3) Part II of Schedule 1 shall have effect with respect to the priority to be accorded as between two or more attachment of earnings orders directed to a person either by the Office and a court, or by a court, (including, in either case, a court of summary jurisdiction) in respect of the same debtor.

(4) Where an attachment of earnings order is made to secure payments under a maintenance order any sums paid by the employer under the order shall be treated as sums paid by the person liable to make payments under the maintenance order.

(5) On any occasion when the employer makes, in compliance with the order, a deduction from the debtor's earnings—

(a)he shall be entitled to deduct, in addition, 50p or such other sum as may be prescribed by rules towards his clerical and administrative costs; and

(b)he shall give to the debtor a statement in writing of the total amount of the deduction.

(6) Any sum deducted by the employer from the debtor's earnings in compliance with the order, but not yet paid to the person entitled to the payments for which the order to be enforced provides, shall in the bankruptcy or winding-up of the employer be treated as money held by the employer on trust for that person.

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