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[F2section 59] of the Magistrates’ Courts Act 1980], or section 19(2) of the M1Maintenance 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.
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F4Subject to subsection ( 3A) below] 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.
[F5(3A)Subsection (3) above shall not apply where the relevant adjudication is a maintenance order.]
(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 M2Debtors Act 1869; or
(b)in a magistrates’ court for the enforcement of a maintenance order under [F6section 76 of the Magistrates’ Courts Act 1980](distress or committal),
then, F7. . ., 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 M3said Act of 1869 or, as the case may be, [F6section 76 of the said Act of 1980].
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Where proceedings are brought in a county court for an order of committal under section 5 of the M4Debtors Act 1869 in respect of a judgment debt for any of the taxes, contributions [F9premiums] 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 M5Debtors 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
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(a)
F2Words in s. 3(1)(c) substituted (1.4.1992) by Maintenance Enforcement 1991 (c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 1(1); S.I. 1992/455, art. 2
F3S. 3(2) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(2), Sch. 3; S.I. 1992/455, art.2
F4Words in s. 3(3) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(2), Sch. 2 para. 1(3); S.I. 1992/455, art.2
F5S. 3(3A) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(2), Sch. 2 para. 1(4); S.I. 1992/455, art.2
F6Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(b)
F7Words in s. 3(4) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(5), Sch. 3; S.I. 1992/455, art. 2
F8S. 3(5) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(6), Sch.3; S.I. 1992/455, art. 2
F9Word inserted by Social Security Act 1973 (c. 38), Sch. 27 para. 88
Marginal Citations