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The Magistrates' Courts (Northern Ireland) Order 1981

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Changes over time for: Section 105

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Point in time view as at 06/06/2012.

Changes to legislation:

The Magistrates' Courts (Northern Ireland) Order 1981, Section 105 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Statement of earnings, etc.N.I.

105.—(1) Where an attachment of earnings order is about to be made or revived a court of summary jurisdiction may at any time before making or reviving the order—

(a)direct the debtor to furnish within a specified period a statement signed by him of—

(i)the name and address of any person by whom earnings are paid to him;

(ii)specified particulars of his earnings and anticipated earnings, and of his resources and needs (including the needs of any person for whom he must, or reasonably may, provide);

(iii)specified particulars of any matters which are, or may be, relevant under Article 101(5) to the determination of the normal deduction rate and the protected earnings rate to be specified in the order;

(iv)specified particulars for the purposes of enabling the debtor to be identified by any employer of his;

(b)direct any person appearing to the court to be an employer of the debtor to furnish within a specified period a statement signed by him or on his behalf of specified particulars of the debtor's earnings and anticipated earnings.

(2) Where an attachment of earnings order has been made, a court of summary jurisdiction may at any time while the order is in force give any direction it is authorised by paragraph (1)(a) or (b) to give.

(3) A document purporting to be a statement such as is mentioned in paragraph (1)(a) or (b) shall, in proceedings before a court of summary jurisdiction, be received in evidence and be deemed to be such a statement without further proof, unless the contrary is shown.

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