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Attachment of Earnings Act 1971

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3 Application for order and conditions of court’s power to make it.E+W

[F1(A1)This section shall not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.]

(1)The following persons may apply for an attachment of earnings order:—

(a)the person to whom payment under the relevant adjudication is required to be made (whether directly or through [F2any court or] an officer of any court);

(b)where the relevant adjudication is an administration order, any one of the creditors scheduled to the order;

[F3(c)without prejudice to paragraph (a) above, an officer of the family court if the application is to the family court for an order to secure maintenance payments and there is in force an order that those payments be made to the court or an officer of the court;]

[F4(ca)without prejudice to paragraphs (a) and (c) above, an officer of the family court if the application is to the family court to secure payments under a maintenance order described in paragraphs 13, 14, 14A or 14B of Schedule 1 and those payments are to be made to the court;]

(d)in the following cases the debtor—

(i)where the application is to a magistrates’ court;

or

(ii)where the application is to the High Court or [F5the family court] for an order to secure maintenance payments.

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F7Subject to subsection (3A) below] for an attachment of earnings order to be made on the application of any person other than the debtor it must appear to the court that the debtor has failed to make one or more payments required by the relevant adjudication.

F8 [(3A)Subsection (3) above shall not apply where the relevant adjudication is a maintenance order.]

[F9(3B)F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C)F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(4)Where proceedings are brought—

(a)in the High Court or [F11the family court] for the enforcement of a maintenance order by committal under section 5 of the M1Debtors Act 1869; F12...

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, F13. . ., the court may make an attachment of earnings order to secure payments under the maintenance order, instead of dealing with the case under section 5 of the M2said Act of 1869 F14....

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where proceedings are brought in [F16the county court] for an order of committal under section 5 of the M3Debtors Act 1869 in respect of a judgment debt for any of the taxes, contributions [F17premiums] or liabilities specified in Schedule 2 to this Act, the court may, in any circumstances in which it has power to make such an order, make instead an attachment of earnings order to secure the payment of the judgment debt.

(7)[F18The county court] shall not make an attachment of earnings order to secure the payment of a judgment debt if there is in force an order or warrant for the debtor’s committal, under section 5 of the M4Debtors Act 1869, in respect of that debt; but in any such case the court may discharge the order or warrant with a view to making an attachment of earnings order instead.

Textual Amendments

F2Words in s. 3(1)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 23(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3S. 3(1)(c) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 23(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5Words in s. 3(1)(d)(ii) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 23(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9S. 3(3B)(3C) inserted (4.7.1996 with application as mentioned in s. 53(2)(3)) by 1996 c. 25, s. 53(1) (with s. 78(1))

F11Words in s. 3(4)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 23(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F12S. 3(4)(b) and word omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 23(5)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F14Words in s. 3(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 23(5)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F16Words in Act substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 25(3)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F18Words in Act substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 25(3)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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