Judgments Enforcement (Northern Ireland) Order 1981

Variation, lapse, discharge and termination of orders N.I.

76.—(1) The power of the Office, conferred by Article 13( g)(i), to vary an attachment of earnings order includes power to suspend and revive it.

(2) Paragraphs (3) to (8) shall have effect where the Office varies or discharges an attachment of earnings order.

(3) Where an order is varied, the employer shall, if he has been served with notice of the variation, comply with the order as varied; but he shall be under no liability for non-compliance before seven days have elapsed since the service.

(4) Where an order is discharged, the employer shall be under no liability in consequence of his treating the order as still in force at any time before the expiration of seven days from the date on which notice of the discharging order is served on him.

(5) Rules may make provision as to circumstances in which an attachment of earnings order may be varied or discharged by the Office of its own motion.

(6) Where an attachment of earnings order has been made and the person to whom it is directed ceases to have the debtor in his employment, the order shall lapse (except as respects deduction from earnings paid after the cesser and payment to the Office of amounts deducted at any time) and be of no effect unless and until the Office revives it by again directing it to a person (whether the same as before or another) who appears to the Office to have the debtor in his employment.

(7) The lapse of an order under paragraph (6) shall not prevent its being treated as remaining in force for other purposes.

(8) Where the whole amount recoverable on foot of the relevant judgment has been paid the Office shall give notice to the employer that no further compliance with the attachment of earnings order is required.