Attachment of Earnings Act 1971

3 Application for order and conditions of court’s power to make it. E+W

(1) The following persons may apply for an attachment of earnings order:—

(a) the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court);

(b) where the relevant adjudication is an administration order, any one of the creditors scheduled to the order;

(c) without prejudice to paragraph (a) above, where the application is to a magistrates’ court for an order to secure maintenance payments, and there is in force an order under [F1 section 59(1) of the Magistrates’ Courts Act 1980], or section 19(2) of the M1 Maintenance Orders Act 1950, that those payments be made to the clerk of a magistrates’ court, the clerk of that court;

(d) in the following cases the debtor—

(i) where the application is to a magistrates’ court;

or

(ii) where the application is to the High Court or a county court for an order to secure maintenance payments.

(2) An application for an attachment of earnings order to secure maintenance payments shall not be made, except by the debtor, unless at least fifteen days have elapsed since the making of the related maintenance order.

(3) For an attachment of earnings order to be made on the application of any person other than the debtor it must appear to the court that the debtor has failed to make one or more payments required by the relevant adjudication.

(4) Where proceedings are brought—

(a) in the High Court or a county court for the enforcement of a maintenance order by committal under section 5 of the M2 Debtors Act 1869; or

(b) in a magistrates’ court for the enforcement of a maintenance order under [F2 section 76 of the Magistrates’ Courts Act 1980](distress or committal),

then, subject to subsection (5) below, the court may make an attachment of earnings order to secure payments under the maintenance order, instead of dealing with the case under section 5 of the M3 said Act of 1869 or, as the case may be, [F2 section 76 of the said Act of 1980].

(5) The court shall not, except on the application of the debtor, make an attachment of earnings order to secure payments under a maintenance order if it appears to it that the debtor’s failure to make payments in accordance with the maintenance order is not due to his wilful refusal or culpable neglect.

(6) Where proceedings are brought in a county court for an order of committal under section 5 of the M4 Debtors Act 1869 in respect of a judgment debt for any of the taxes, contributions [F3 premiums] or liabilities specified in Schedule 2 to this Act, the court may, in any circumstances in which it has power to make such an order, make instead an attachment of earnings order to secure the payment of the judgment debt.

(7) A county court shall not make an attachment of earnings order to secure the payment of a judgment debt if there is in force an order or warrant for the debtor’s committal, under section 5 of the M5 Debtors Act 1869, in respect of that debt; but in any such case the court may discharge the order or warrant with a view to making an attachment of earnings order instead.

Textual Amendments

F1 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(a)

F2 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(b)

F3 Word inserted by Social Security Act 1973 (c. 38), Sch. 27 para. 88

Marginal Citations

M1 1950 c. 37.

M2 1869 c. 62.

M3 1869 c. 62.

M4 1869 c. 62.

M5 1869 c. 62.