24. In this part of this Order—
“the Act of 1969” means the Judgments (Enforcement) Act (Northern Ireland) 1969(1);
“the Order of 1978” means the Matrimonial Causes (Northern Ireland) Order 1978(2);
“maintenance order” means any order specified in section 77D(1)(a) of the Act of 1969;
25.—(1) Where the person to whom payments are required to be made under a maintenance order desires to apply to the High Court under section 73 of the Act of 1969 for an attachment of earnings order to secure those payments the application must be made by summons, issued out of the Office.
The defendant or respondent to the summons (in this order referred to as “the defendant”) shall be the person liable to make payments under the maintenance order and any application under Article 34 of the Order of 1978 for leave to enforce payment of any arrears which became due more than 12 months before the issue of the summons shall be made by the summons.
(2) The summons must be supported by an affidavit by the applicant stating—
(a)particulars of the maintenance order;
(b)the date of service of the maintenance order on the defendant or, if the order has not been served, the reason why service has not been effected;
(c)the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;
(d)particulars of any proceedings which have been taken for the enforcement of the maintenance order;
(e)the name and address of any person believed to be the defendant's employer;
(f)such of the following particulars relating to the defendant as are known to the applicant, that is to say—
(i)his full name and address,
(ii)his place of work,
(iii)the nature of his work and his works number, if any;
(g)such other facts relevant to the names of the defendant as are known to the applicant and in particular details of any other attachment of earnings order made by any other court must be given.
(3) Unless the Court otherwise directs, the summons, together with a copy of the affidavit in support, must be served on the defendant personally or by post at least 14 days before the return day and the defendant may, within 10 days after the service, file an affidavit in answer and in that case must serve a copy of his affidavit on the applicant within 3 days after filing it.
[E.r. 13]
26. Without prejudice to the powers conferred by section 77 of the Act of 1969, the Court may at any stage of the proceedings send to any person appearing to have the debtor in his employment a notice requesting him to give to the Court within such period as may be specified in the notice a statement of the debtor's earnings and anticipated earnings with such other particulars as may be so specified.
27. An order under section 77 of the Act of 1969 shall be endorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order and shall be served on him personally.
28. An application by the person liable to make payment under a maintenance order of the High Court for an attachment of earnings order to secure those payments may be made on the making of the maintenance order or an order of the High Court varying the maintenance order.
[E.r. 14]
29.—(1) An attachment of earnings order must be made in Form No. 49 in Appendix A and the particulars of the defendant required to be given in the first paragraph of that form shall, so far as they are known to the Court, be the prescribed particulars for the purposes of section 73(4) of the Act of 1969.
(2) The Court shall cause a copy of an attachment of earnings order and of any order varying or discharging such an order to be served on the defendants and on the person to Whom the attachment of earnings order is directed.
(3) Notwithstanding any provision of these Rules relating to the service of documents, service under this rule of a copy of an order on a person other than a corporation shall be effected by sending the copy to him at his last known place of residence or, where he is the person to whom the attachment of earnings order is directed, at his place of business.
(4) Service under this rule of a copy of an order on a corporation shall be effected by sending the copy to it at—
(a)such address, if any, as the corporation may in a written request to the Court have specified for the purpose of this rule in relation to the defendant or to the class or description of persons to which he belongs, or
(b)the registered office of the corporation or, if the corporation has no registered office, any place where it resides or carries on business.
(5) A copy of Schedule 1A to the Act of 1969 shall be served with or annexed to the attachment of earnings order.
[E.r. 15]
30.—(1) An application to revive an attachment of earnings order shall be treated as if it were an application for such an order under rule 25.
(2) A copy of the order for the revival of which the application is made shall be lodged with the application.
(3) Upon making an order under this role the original attachment of earnings order may be varied as the Court may think fit.
31. Where an attachment of earnings order ceases to have effect by virtue of section 77D(4)(b) or (5) of the Act of 1969, the notice of the cessation required by section 77D(6) of that Act to be given to the person to whom the order was directed shall be given by the Master if the related maintenance order—
(a)was made by the High Court and is not registered in a court of summary jurisdiction under Part II of the Act of 1966, or
(b)was made by a court of summary jurisdiction and is registered in the High Court under the said Part II, or
(c)has ceased to be registered in the High Court under Part II of the Act of 1950.
[E.r. 16]
32.—(1) Subject to paragraph 5, the powers conferred by section 76(1) of the Act of 1969 may be exercised by the Court of its own motion in the circumstances mentioned in the following paragraphs.
(2) Where it appears to the Court that a person served with an attachment of earnings order directed to him has not the defendant in his employment, the Court may discharge the order.
(3) Where an attachment of earnings order which has lapsed under section 76(6) of the Act of 1969 is again directed to a person who appears to the Court to have the defendant in his employment, the Court may make such consequential variations in the order as it thinks fit.
(4) Where, after an attachment of earnings order has been made, it appears to the Court that the related maintenance order has ceased to have effect, whether by virtue of the terms of the maintenance order or under paragraph 2 of Schedule 3 to the Order of 1978 or otherwise, the Court may discharge or vary the attachment of earnings order.
(5) Before discharging or varying an order of its own motion under any of the foregoing paragraphs, the Court shall, unless it thinks it unnecessary in the circumstances to do so, give the defendant and the person entitled to payment under the related maintenance order an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the Master may give them notice of a date, time and place at which the question will be considered.
[E.r. 18]
33. An application to the High Court under section 77B(1) of the Act of 1969 must be made by summons returnable not less than 4 days after service thereof on the person (other than the applicant) who is also entitled to make the application.
[E.r. 19]
34.—(1) The proper officer of the court shall notify the Enforcement of Judgments Office when an attachment of earnings order has been made.
(2) The notification under paragraph (1) shall specify the amount of earnings attached under the order.