Justice Act (Northern Ireland) 2016

Attachment of earnings order N.I.

18—(1) An attachment of earnings order is an order requiring the person to whom the order is directed to make such payments as are specified in the order out of the earnings which are payable to the debtor for the purpose of securing payment of the outstanding amount.

(2) An attachment of earnings order may be made only in the case of a debtor who, at the time the order is made, is an individual aged 18 or over.

(3) The person to whom an attachment of earnings order is directed must be a person who appears to the court or collection officer (according to which of them is making the order) to employ the debtor; and references in this section, section 19 and Schedule 1 to the employer, in relation to an attachment of earnings order, are to be read accordingly.

(4) An attachment of earnings order must—

(a) contain particulars specified in regulations enabling the debtor to be identified by the employer,

(b) contain particulars specified in regulations of the amount to be recovered by the order,

(c) specify the rate calculated in accordance with regulations as the rate at which amounts are to be deducted from the debtor's earnings,

(d) specify to whom payments are to be made,

(e) contain information about how to contact the collection officer, and

(f) contain such other information as may be specified in regulations.

(5) A person is to be treated as employing another person if that person, as principal and not as a servant or agent, pays to the other person sums defined as “earnings” for the purposes of this section.

(6) In this section, “earnings” has such meaning as is specified in regulations.

(7) Schedule 1, which makes further provision in relation to attachment of earnings orders, has effect.

[F1 (8) For provision as to the disclosure of information for the purposes of this section, see Part 3B of Schedule 5 to the Courts Act 2003.]

Textual Amendments

F1 S. 18(8) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017 (S.I. 2017/570), arts. 1(2), 2(4)

Commencement Information

I1 S. 18(1)-(3) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)

I2 S. 18(4)(6) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(e)

I3 S. 18(4)(6) in operation at 1.6.2018 in so far as not already in operation by S.R. 2018/99, art. 2(a)

I4 S. 18(5)(7) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)