Administration of Justice Act 1970

13 Courts with power to attach earnings

(1) The High Court may make an attachment of earnings order to secure payments under a High Court maintenance order.

(2) A county court may make an attachment of earnings order to secure—

(a) payments under a High Court or a county court maintenance order;

(b) the payment of a judgment debt, other than a debt of less than £5 or such other sum as may be prescribed by county court rules ; or

(c) payments under an administration order.

(3) In this Part of this Act, " judgment debt" means a sum payable under—

(a) a judgment or order enforceable by a court in England and Wales (not being a magistrates' court); or

(b) an order of a magistrates' court for the payment of money recoverable summarily as a civil debt; or

(c) an order of any court which is enforceable as if it were for the payment of money so recoverable,

but does not include any sum payable under a maintenance order or an administration order.

(4) A magistrates' court may make an attachment of earnings order to secure—

(a) payments under a magistrates' court maintenance order ;

(b) the payment of any sum adjudged to be paid by a conviction or treated (by any enactment relating to the collection and enforcement of fines, costs, compensation or forfeited recognizances) as so adjudged to be paid; or

(c) the payment of any sum required to be paid by a legal aid contribution order.

(5) The following provisions of this Part of this Act apply, except where otherwise stated, to attachment of earnings orders made, or to be made, by any court; and in those provisions—

(a) " the relevant adjudication ", in relation to any payment secured or to be secured by an attachment of earnings order, means the conviction, judgment, order or other adjudication from which there arises the liability to make the payment; and

(b) " the debtor ", in relation to an attachment of earnings order, or to proceedings in which a court has power to make an attachment of earnings order, or to proceedings arising out of such an order, means the person by whom payment is required by the relevant adjudication to be made.

(6) Any power conferred by this Part of this Act to make an attachment of earnings order includes a power to make such an order to secure the discharge of liabilities arising before the coming into force of this Part of this Act.