Textual Amendments
F1Pt. 39 inserted (6.4.2016) by The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 8(a), Sch. 1 (with rule 9)
39.1.—(1) Chapter 2 of this Part applies where an attachment of earnings order is sought in the family court to secure payments under a family court or High Court maintenance order whether or not arrears have accrued.
(2) Chapter 3 of this Part applies where an attachment of earnings order is sought in the High Court to secure payments under a High Court maintenance order whether or not arrears have accrued.
(Section 1 of the 1971 Act makes provision for when the family court or the High Court may make an attachment of earnings order.)
39.2. In this Part—
“the 1971 Act” means the Attachment of Earnings Act 1971 and unless the context otherwise requires or this Part otherwise provides, expressions used in that Act, including the term “maintenance order”, have the same meaning as in that Act;
“creditor” means the person who is entitled to enforce a maintenance order; and
“debtor” means the person against whom a maintenance order was made.
39.3. If requested to do so by any person having a maintenance order against a debtor, the court officer must—
(a)cause a search to be made in the court records to determine whether there is an attachment of earnings order in force in relation to that debtor; and
(b)issue a certificate of the result of the search.]