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Tribunals, Courts and Enforcement Act 2007

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This sectionnoteType=Explanatory Notes has no associated

5After section 9 insert—E+W

9ASuspension of fixed deductions orders

(1)A county court must make an order suspending a fixed deductions order if the court is satisfied of either or both of the following—

(a)that the fixed deductions order requires periodical deductions to be made at a rate which is not appropriate;

(b)that the fixed deductions order requires periodical deductions to be made at times which are not appropriate.

(2)The county court is to make the suspension order on the following terms—

(a)if the condition in subsection (1)(a) is met: on terms specifying the rate at which the debtor must make repayments (whether higher or lower than the rate at which the order requires the deductions to be made);

(b)if the condition in subsection (1)(b) is met: on terms specifying the times at which the debtor must make repayments;

(c)if either or both conditions are met: on any additional terms that the court thinks appropriate.

(3)If the employer is given notice of the suspension order, the employer must cease to make the deductions required by the fixed deductions order; but the employer is under no liability for non-compliance before seven days have elapsed since service of the notice.

(4)A county court—

(a)must revoke the suspension order if any of the terms of the suspension order are broken;

(b)may revoke the suspension order in any other circumstances if the court thinks that it is appropriate to do so.

(5)Rules of court may make provision as to the circumstances in which a county court may of its own motion—

(a)make a suspension order; or

(b)revoke a suspension order.

(6)The suspension of a fixed deductions order under this section does not prevent the order from being treated as remaining in force subject to the provisions of this section.

(7)This section is without prejudice to any other powers of a court to suspend attachment of earnings orders or to revoke the suspension of such orders.

(8)In this section, in relation to a fixed deductions order, “repayments” means repayments of the judgment debt to which the order relates.

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