- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Attachment of Earnings Act 1971. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Where in any proceedings a court has power [F1under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,] to make an attachment of earnings order, [F2the court or the fines officer, as the case may be,] may—
(a)order the debtor to give to the court [F3or the fines officer, as the case may be], within a specified period, a statement signed by him of—
(i)the name and address of any person by whom earnings are paid to him;
(ii)specified particulars as to his earnings and anticipated earnings, and as to his resources and needs; and
(iii)specified particulars for the purpose of enabling the debtor to be identified by any employer of his;
(b)order any person appearing to the court [F4or the fines officer, as the case may be,] to have the debtor in his employment to [F5give to the court or the fines officer, as the case may be,], within a specified period, a statement signed by him or on his behalf of specified particulars of the debtor’s earnings and anticipated earnings.
(2)Where an attachment of earnings order has been made, the court [F6or the fines officer, as the case may be,] may at any time thereafter while the order is in force
[F7(a)make such an order as is described in subsection (1)(a) or (b) above; and
(b)order the debtor to attend before [F8the court] on a day and at a time specified in the order to give the information described in subsection (1)(a) above.]
(3)In the case of an application to a magistrates’ court for an attachment of earnings order, or for the variation or discharge of such an order, the power to make an order under subsection (1) or (2) above shall be exercisable also, before the hearing of the application, by a single justice.
(4)Without prejudice to subsections (1) to (3) above, rules of court may provide that where notice of an application for an attachment of earnings order is served on the debtor, it shall include a requirement that he shall give to the court, within such period and in such manner as may be prescribed, a statement in writing of the matters specified in subsection (1)(a) above and of any other prescribed matters which are, or may be, relevant under section 6 of this Act to the determination of the normal deduction rate and the protected earnings rate to be specified in any order made on the application.[F9 This subsection does not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.]
(5)In any proceedings in which a court has power [F10under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,] to make an attachment of earnings order, and in any proceedings for the making, variation or discharge of such an order, a document purporting to be a statement given to the court [F11or the fines officer, as the case may be,] in compliance with an order under subsection (1)(a) or (b) above, or with any such requirement of a notice of application for an attachment of earnings order as is mentioned in subsection (4) above, shall, in the absence of proof to the contrary, be deemed to be a statement so given and shall be evidence of the facts stated therein.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: