SCHEDULES
SCHEDULE 15Attachment of earnings orders: deductions at fixed rates
Part 1Main amendments
5Insertion of new section 9A
After section 9 insert—
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.