SCHEDULES
SCHEDULE 1

ATTACHMENT OF EARNINGS ORDERS

Variation of order
6
1
Where the collection officer makes an attachment of earnings order, the collection officer may, whether on an application by the debtor or on the officer's own motion, vary the order.
2
Where a court has made an attachment of earnings order, the court may, whether on an application by the debtor or the collection officer or on its own motion, vary the order.
3
An attachment of earnings order may be varied under this paragraph only if—
a
there has been a change in the debtor's circumstances—
i
which the collection officer or court (as the case may be) considers relevant, or
ii
which is of a description such as may be specified in regulations, and
b
the collection officer or court considers the variation appropriate.
4
Where an attachment of earnings order is varied under this paragraph, the order as varied must be served on the employer; and paragraph 1(2) applies to the order as varied.
5
Where an attachment of earnings order as varied under this paragraph is served on the debtor's employer, the employer must comply with the order as varied.
6
A person commits an offence if the person fails, without reasonable excuse, to comply with an attachment of earnings order as varied under this paragraph that is served on that person.
7
But a person does not incur liability, whether under sub-paragraph (6) or otherwise, for a failure to comply with the order before the end of seven days beginning with the date of service.
Sch. 1 para. 6(3)(a)(ii) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(l)(ii)
Sch. 1 para. 6(1)(2) in operation at 1.6.2018 by S.R. 2018/99, art. 2(b)
Sch. 1 para. 6(3)(a)(i) (b) in operation at 1.6.2018 by S.R. 2018/99, art. 2(b)
Sch. 1 para. 6(4)-(7) in operation at 1.6.2018 by S.R. 2018/99, art. 2(b)
Sch. 1 para. 6(3)(a)(ii) in operation at 1.6.2018 in so far as not already in operation by S.R. 2018/99, art. 2(b)