Administration of Justice Act 1970

PART I Amendments of Sections 9 and 20

1 In this Part of this Schedule " the Act" means the Maintenance Orders Act 1958.

2 In section 9(2) of the Act—

(a) after " order " (where that word first occurs) insert " made to secure maintenance payments "; and

(b) after " order " (where that word first occurs after paragraph (e)) insert " so made ".

3 In section 9(4) and (5) of the Act, for " defendant" (wherever that word occurs) substitute " debtor ".

4 In section 9(4) of the Act—

(a) for the words from the beginning to " a county court" substitute " Where, in the case of an attachment of earnings order made by the High Court or a county court to secure maintenance payments, it appears to the collecting officer of the court ".

(b) for the words from " which made that order " to the end of paragraph (ii) substitute " shall make the appropriate variation order, unless the debtor requests it to discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request ".

5 In section 9(5) of the Act—

(a) for the words from the beginning to " a magistrates' court" substitute " Where, in the case of an attachment of earnings order made by a magistrates' court to secure maintenance payments, it appears to the collecting officer ".

(b) for the words from " proceed under the following paragraph " to the end of the subsection substitute " discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request ".

6 In section 20 of the Act—

(a) in subsection (1), after " anything in this Act" insert " or Part II of the Administration of Justice Act 1970 " and for paragraph (b) substitute—

“(b) apply for an attachment of earnings order to secure payments under the maintenance order or (except as required by section 9(5) of this Act) an order discharging or varying such an attachment of earnings order ; or

(c) apply for a determination under section 22 of the Administration of Justice Act 1970”;

(b) at the beginning of subsection (2) insert " Subject to rules of court made by virtue of section 18(3)(c) of the Administration of Justice Act 1970 ".

(c) in subsection (3), after " magistrates' court" (where those words occur for the second time) insert " to secure maintenance payments ".

(d) for subsection (4)(a) substitute—

“(a) the power to make an order in pursuance of a complaint by the debtor for an attachment of earnings order, or the discharge or variation of such an order, shall be deemed to be a power to make an order against the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court)”;

(e) in subsection(4)(b), for " paragraph (b) of section seven of this Act " substitute " section 14(4)(b) of the Administration of Justice Act 1970 " and for " defendant " substitute " debtor " ; and

(f) for subsection (5) substitute—

“(5) An application to a magistrates' court for a determination under section 22 of the Administration of Justice Act 1970 shall be made by complaint; and on making a determination under that section a magistrates' court may in its discretion make such order as it thinks just and reasonable for the payment by any of the persons mentioned in subsection (2) of that section of the whole or any part of the costs of the determination (but subject to subsection (1)(ii) of this section); and costs ordered to be paid under this subsection shall—

(a) in the case of costs to be paid by the debtor to the person in whose favour the attachment of earnings order in question was made, be deemed to be—

(i) if the attachment of earnings order was made to secure maintenance payments, a sum due under the related maintenance order, and

(ii) otherwise, a sum due to the clerk of the court; and

(b) in any other case, be enforceable as a civil debt.”