The Judgments Enforcement (Attachment of Debts) (Northern Ireland) Order 1983

Attachment of debts N.I.

3.—(1) For Article 72 of the Judgments Enforcement (Northern Ireland) Order 1981F1 there shall be substituted the following Article—

“Attachment of moneys in a bank or other deposit-taking institution

72.— (1) Subject to any order for the time being in force under paragraph (4) this Article applies to the following accounts, namely—

(a) any deposit account with a bank or other deposit-taking institution; and

(b) any withdrawable share account with any deposit-taking institution.

(2) In determining whether, for the purposes of the jurisdiction of the Office to attach debts for the purpose of satisfying judgements or orders for the payment of money, a sum standing to the credit of a person in an account to which this Article applies is a sum due or accruing to that person and, as such, attachable in accordance with rules, any condition mentioned in paragraph (3) which applies to the account shall be disregarded.

(3) Those conditions are—

(a) any condition that notice is required before any money or share is withdrawn;

(b) any condition that a personal application must be made before any money or share is withdrawn;

(c) any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or

(d) any other condition prescribed by rules.

(4) The Lord Chancellor may by order make such provision as he thinks fit, by way of amendment of this Article or otherwise, for all or any of the following purposes, namely—

(a) including in, or excluding from, the accounts to which this Article applies accounts of any description specified in the order;

(b) excluding from the accounts to which this Article applies all accounts with any particular deposit-taking institution in the order specified or with any deposit-taking institution of a description specified in the order.

(5) Any order under paragraph (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946F2 shall apply accordingly

(6) In this Article “deposit-taking institution” means any person carrying on a business which is a deposit-taking business for the purposes of the Banking Act 1979”F3 .

(2) In section 27 of the Crown Proceedings Act 1947F4 , as it applies to the Crown in right of Her Majesty's Government in the United Kingdom by virtue of Article 22 of the Crown Proceedings (Northern Ireland) Order 1981F5 , subsection (4)(c) is hereby repealed; and Schedule 2 to that Order (which sets out the text of the Act as so applied) shall be modified accordingly.

F1 S.I. 1981/226 (N.I. 6).

F2 1946 c. 36.

F3 1979 c. 37.

F4 1947 c. 44.

F5 S.I. 1981/233.