The Civil Procedure Rules 1998

[F1 Variation and discharge by court of own initiative E+W

89.14.— (1) Subject to paragraph (11), the powers conferred by section 9(1) of the 1971 Act may be exercised by the court of its own initiative in the circumstances mentioned in the following paragraphs.

(2) Where it appears to the court that a person served with an attachment of earnings order directed to that person does not have the debtor in their employment, the court may discharge the order.

(3) Where an attachment of earnings order which has lapsed under section 9(4) of the 1971 Act is again directed to a person who appears to the court to have the debtor in their employment, the court may make such consequential variations in the order as it thinks fit.

(4) Paragraph (5) applies where—

(a) the court makes an attachment of earnings order (“the first order”); and

(b) the court makes or is notified of the making of another attachment of earnings order (“the second order”)—

(i) which is against the same debtor; and

(ii) which is not to secure the payment of a judgment debt or payments under an administration order.

(5) The court may discharge or vary the first order, having regard to the priority accorded to the second order by paragraph 8 of Schedule 3 of the 1971 Act.

(6) Paragraph (7) applies where the court makes an attachment of earnings order and then makes—

(a) an administration order; or

(b) an order under section 4(1)(b) of the 1971 Act.

(7) The court may—

(a) discharge the attachment of earnings order; or

(b) if it exercised the power conferred by section 5(3) of the 1971 Act, vary the order as it thinks fit.

(8) On making a consolidated attachment order the court may discharge any earlier attachment of earnings order made to secure the payment of a judgment debt by the same debtor.

(9) Where it appears to the court that a bankruptcy order has been made against a person in respect of whom an attachment of earnings order is in force to secure the payment of a judgment debt, the court may discharge the attachment of earnings order.

(10) Where an attachment of earnings order has been made to secure the payment of a judgment debt and the court grants permission to issue execution for the recovery of the debt, the court may discharge the order.

(11) Before varying or discharging an attachment of earnings order of its own initiative under this rule, the court must, unless it thinks it unnecessary in the circumstances to do so, give the debtor and the person on whose application the order was made an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the court officer may transfer the application to the debtor’s home court.

(12) Upon transfer of the application under paragraph (11) the court officer must give the debtor and the person on whose application the order was made notice of the date, time and place fixed for the hearing.]

Textual Amendments

F1 Pt. 89 inserted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 20, Sch. 2 (with rule 25)