Attachment of Earnings Act 1971

Administration orders in the county court E+W

4 Extension of power to make administration order. E+W

(1) Where, on an application to [F1 the county court] for an attachment of earnings order to secure the payment of a judgment debt, it appears to the court that the debtor also has other debts, the court—

(a) shall consider whether the case may be one in which all the debtor’s liabilities should be dealt with together and that for that purpose [F2 an administration order should be made]; and

(b) if of opinion that it may be such a case, shall have power (whether or not it makes the attachment of earnings order applied for), with a view to making an administration order, to order the debtor to furnish to the court a list of all his creditors and the amounts which he owes to them respectively.

(2) If, on receipt of the list referred to in subsection (1)(b) above, it appears to the court that the debtor’s whole indebtedness amounts to not more than the amount [F3 which for the time being is the county court limit for the purposes of section 112 of the County Courts Act 1984] (limit of total indebtedness governing county court’s power to make administration order on application of debtor), the court may make such an order in respect of the debtor’s estate.

[F4 (2A) Subsection (2) above is subject to section 112(3) and (4) of the County Courts Act 1984 (which require that, before an administration order is made, notice is to be given to all the creditors and thereafter restricts the right of any creditor to institute bankruptcy proceedings).]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4) Nothing in this section is to be taken as prejudicing any right of a debtor to apply, under [F6 section 112 of the County Courts Act 1984] for an administration order.

Textual Amendments

F1 Words 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)

F2 Words substituted by Insolvency Act 1976 (c. 60), s. 13(2) (and that amendment continued by Statue Law (Repeals) Act 2004 (c. 14), Sch. 2 para. 10)

F3 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 40(a)

F4 S. 4(2A) substituted for the second paragraph of subsection (2) by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 40(b)

F5 S. 4(3) repealed by Insolvency Act 1976 (c. 60), s. 13(1), Sch. 3

F6 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 40(c)

5 Attachment of earnings to secure payments under administration order. E+W

(1) Where [F1 the county court] makes an administration order in respect of a debtor’s estate, it may also make an attachment of earnings order to secure the payments required by the administration order.

(2) At any time when an administration order is in force [F1 the county court] may (with or without an application) make an attachment of earnings order to secure the payments required by the administration order, if it appears to the court that the debtor has failed to make any such payment.

(3) The power of [F1 the county court] under this section to make an attachment of earnings order to secure the payments required by an administration order shall, where the debtor is already subject to an attachment of earnings order to secure the payment of a judgment debt, include power to direct that the last-mentioned order shall take effect (with or without variation under section 9 of this Act) as an order to secure the payments required by the administration order.

Textual Amendments

F1 Words 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)