Administration of Justice Act 1970

28 Other provisions for interpretation of Part II

(1) In this Part of this Act, except where the context otherwise requires—

• " the Act of 1952 " and " the Act of 1958 " mean respectively the [1952 c. 55.] Magistrates' Courts Act 1952 and the [1958 c. 39.] Maintenance Orders Act 1958 ;

• " administration order " means an order made under, and so referred to in, Part VII of the [1959 c. 22.] County Courts Act 1959;

• " the court ", in relation to an attachment of earnings order, means the court which made the order, subject to rules of court as to the venue for, and the transfer of, proceedings in county courts and magistrates' courts ;

• " debtor ", " judgment debt ", and " relevant adjudication " have the meanings given by section 13 of this Act;

• " the employer " in relation to an attachment of earnings order, means the person who is required by the order to make deductions from earnings paid by him to the debtor;

• " High Court maintenance order ", " county court maintenance order " and " magistrates' court maintenance order " mean respectively a maintenance order enforceable by the High Court, a county court and a magistrates' court;

• " legal aid contribution order " means an order under section 76 of the [1967 c. 80.] Criminal Justice Act 1967 ;

• " maintenance order " means any order specified in Schedule 8 to this Act and includes such an order which has been discharged, if any arrears are recoverable thereunder;

• " maintenance payments " means payments required under a maintenance order;

• " prescribed " means prescribed by rules of court; and

• " rules of court " in relation to a magistrates' court, means rules under section 15 of the [1949 c. 101.] Justices of the Peace Act 1949 ;

and, in relation to a magistrates' court, references to a single justice are to a justice of the peace acting for the same petty sessions area as the court.

(2) Any reference in this Act to sums payable under a judgment or order, or to the payment of such sums, includes a reference to costs and the payment of them ; and the references in sections 15(4) and 18(7) to relevant costs are to any costs of the proceedings in which the attachment of earnings order in question was made, being costs which the debtor is liable to pay.

(3) References in sections 15(5)(b), 18(3)(b) and 20(1)(a) of this Act to the debtor's needs include references to the needs of any person for whom he must, or reasonably may, provide.

(4) Earnings which, in pursuance of a scheme under the [1946 c. 22.] Dock Workers (Regulation of Employment) Act 1946, are paid to a debtor by a body responsible for the local administration of the scheme acting as agent for the debtor's employer or as delegate of the body responsible for the general administration of the scheme shall be treated for the purposes of this Part of this Act as paid to the debtor by the last-mentioned body acting as principal.

(5) This Part of this Act, so far as it relates to magistrates' courts, and Part III of the Act of 1952 shall be construed as if this Part were contained in that Part.