The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006

Modifications of the Attachment of Earnings Act 1971

6.  In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the provisions of the Attachment of Earnings Act 1971(1) specified below apply with the following modifications—

(a) in section 1 (courts with power to attach earnings), omit—

(i) subsection (3)(b); and

(ii) subsection (4);

(b) after section 1 insert—

“Orders to which this Act applies

1A.   The following provisions of this Act apply, except where otherwise stated, to attachment of earnings orders made, or to be made, by any court under this Act or under Schedule 5 to the Courts Act 2003, or by a fines officer under that Schedule.”;

(c) in section 3(2) (application for order and conditions of court’s power to make it)—

(i) before subsection (1) insert—

“(A1) This section shall not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.”; and

(ii) omit—

(aa) subsection (3B); and

(bb) subsection (3C);

(d) in section 6 (effect and contents of order)—

(i) in subsection (1)—

(aa) after “to the court” insert “, or the fines officer, making the order, as the case may be,”; and

(bb) in paragraph (b) after “as the court” insert “or, where the order is made under Schedule 5 to the Courts Act 2003, as the court or the fines officer, as the case may be,”;

(ii) in subsection (5), at the beginning insert “Subject to subsection (5A) below,”; and

(iii) after subsection (5) insert—

“(5A) If the order is made under Schedule 5 to the Courts Act 2003 then it shall specify the percentage deduction rate in accordance with fines collection regulations made under that Schedule.”;

(e) in section 8 (interrelation with alternative remedies open to creditors), in subsection (5) for “1(3)(b) or (c) of this Act” substitute “1(3)(c) of this Act or to secure the payment of any liability specified in paragraph 1 of Schedule 5 to the Courts Act 2003”;

(f) in section 9 (variation, lapse and discharge of orders)—

(i) in subsection (1) after “The court” insert “or, where an attachment of earnings order is made under Schedule 5 to the Courts Act 2003, the court or the fines officer, as the case may be,”;

(ii) in subsection (3)—

(aa) in paragraph (a) after “order” insert “made under this Act”; and

(bb) after paragraph (a) insert—

“(aa) as to the circumstances in which an attachment of earnings order made under Schedule 5 to the Courts Act 2003 may be varied or discharged by the court or the fines officer of its or his own motion;” and

(iii) in subsection (4)—

(aa) after “until the court” insert “or, where the order was made under Schedule 5 to the Courts Act 2003, unless and until the court or the fines officer, as the case may be,”; and

(bb) after “to the court” insert “or the fines officer, as the case may be,”;

(g) in section 14(3) (power of court to obtain statement of earnings etc)—

(i) in subsection (1)—

(aa) after “power” insert “under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,”;

(bb) for “it” substitute “the court or the fines officer, as the case may be,”;

(cc) in paragraph (a) after “court” insert “or the fines officer, as the case may be,”;

(dd) in paragraph (b) after both occurrences of “the court” insert “or the fines officer, as the case may be,”;

(ii) in subsection (2)—

(aa) after “the court” insert “or the fines officer, as the case may be,”; and

(bb) in paragraph (b) for “it” substitute “the court”; and

(iii) in subsection (5)—

(aa) after “power” insert “under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,”; and

(bb) after “the court” insert “or the fines officer, as the case may be,”;

(h) in section 15 (obligation of debtor and his employers to notify changes of employment and earnings)—

(i) the existing words become subsection (1);

(ii) in subsection (1)(c) for “what court” substitute “, or (if the order was made by a fines officer) for, which court”; and

(iii) after subsection (1) insert—

“(2) In the case of an attachment of earnings order made by a fines officer, the reference to “the court” in sub-paragraph (1)(a) above shall mean the court for which that order was made.”;

(i) in section 17 (consolidated attachment orders)—

(i) in subsection (1)—

(aa) after “those sections” insert “or under Schedule 5 to the Courts Act 2003, and the powers of a fines officer under that Schedule,”; and

(bb) after “section 1(3)” insert “of this Act and paragraph 1 of Schedule 5 to the Courts Act 2003”; and

(ii) in subsection (3)(a) after “another” insert “or (where Schedule 5 to the Courts Act 2003 applies) from a court or a fines officer, as the case may be, acting in one local justice area, to a court or fines officer, as the case may be, acting in another local justice area”;

(iii) in subsection (3)(b)—

(aa) for “to which” substitute “or a fines officer, as the case may be, to which or to whom”;

(bb) after “another court” insert “or fines officer, as the case may be,”; and

(cc) after “the court” insert “or fines officer, as the case may be,”;

(iv) in subsection (3)(c) for “of its” substitute “or a fines officer, as the case may be, of its or his”;

(j) in section 25 (general interpretation), after the definition of “the employer” insert—

““the fines officer”, in relation to a debtor who is subject to a collection order made under Schedule 5 to the Courts Act 2003, means any fines officer working at the fines office specified in that order;”; and

(k) in Part 1 of Schedule 3 (deductions by employer under attachment of earnings order)—

(i) in paragraph 6 (employer’s deduction: other cases) in sub-paragraph (1) for “does” substitute “and paragraph 6A below do”; and

(ii) after paragraph 6 insert—

“6A.   In the case of an attachment of earnings order made under Schedule 5 to the Courts Act 2003, the employer shall make deductions from the debtor’s earnings in accordance with fines collection regulations made under that Schedule.”.

(1)

1971 c. 32.

(2)

1971 c. 32; so far as relevant, in section 3, subsections (3B) and (3C) were inserted by the Criminal Procedure and Investigations Act 1996 (c. 25) and subsection (3B) was amended by the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Schedule 9, paragraph 4.

(3)

1971 c. 32; section 14(2) was amended by the Administration of Justice Act 1982, section 53(1).