Judgments Enforcement (Northern Ireland) Order 1981

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. General interpretation

   3. 3. Interpretation (attachment of earnings)

   4. 4. Judgments to which this Order applies

   5. 5. Power to apply Order to other judgments

   6. 6. Judgments to which this Order does not apply

3. PART II THE ENFORCEMENT OF JUDGMENTS OFFICE

   1. 7. The Enforcement of Judgments Office

   2. 8. Exercise of functions of Office

   3. 9. Seal of Office

   4. 10. Records of Office

4. PART III JURISDICTION OF ENFORCEMENT OF JUDGMENTS OFFICE

   1. 11. General jurisdiction of Office

   2. 12. Limitations on jurisdiction of Office

   3. 13. Power of Office to make orders, etc.

   4. 14. Stay of enforcement in cases of insolvency

   5. 15. Effect of orders made by Office

   6. 16. Methods of enforcement by Office

   7. 17. Limitation on enforcement

   8. 18. Notice of unenforceability

   9. 19. Certificate of unenforceability

   10. 20. Effect of certificate of unenforceability

   11. 21. Setting aside of certificate of unenforceability

5. PART IV COMMENCEMENT OF ENFORCEMENT

   1. Applications

      1. 22. Application for enforcement

      2. 23. Preliminary application for custody warrant and report

      3. 24. Priority of applications

   2. Custody of goods

      1. 25. Taking custody of goods under a money judgment

   3. Examination of debtor and witnesses

      1. 26. Examination of debtor following service of custody warrant

      2. 27. Examination of debtor as to his means

      3. 28. Examination of third parties as to means, etc., of debtor

      4. 29. Provisions consequent on execution of warrant of arrest

6. PART V ENFORCEMENT ORDERS

   1. Payment by instalments

      1. 30. Instalment order

   2. Seizure and sale of goods

      1. 31. Order of seizure

      2. 32. Property which may be seized

      3. 33. Property exempt from seizure

      4. 34. Effect of order of seizure

      5. 35. Power to defer removal of property seized

      6. 36. Where seizure may be effected

      7. 37. Cesser of effect of order of seizure

      8. 38. Power of entry under order of seizure

      9. 39. Special provisions as to bills of exchange, policies of assurance, etc.

      10. 40. Sale of property seized

      11. 41. Title to property sold under order of seizure

      12. 42. Retention of proceeds of sale

      13. 43. Authorisation of seizure, in certain cases, on service of custody warrant

      14. 44. Interpleader

   3. Enforcement against land

      1. 45. Restrictions on enforcement of money judgments against land

      2. 46. Order charging land

      3. 47. Duration of order charging land

      4. 48. Registration of notice of order charging registered land

      5. 49. Effect of order charging land

      6. 50. Registration of charge against land

      7. 51. Charges in respect of rates

      8. 52. Order charging land to confer power of sale, etc.

      9. 53. Order for delivery of possession of land

      10. 54. Notice of eviction; removal of goods to place of safety; notice to Health and Social Services Board

      11. 55. Release of goods removed

      12. 56. Wrongful delivery of possession of land

   4. Delivery of goods

      1. 57. Order for delivery of goods

   5. Enforcement against Government funds, stocks, etc.

      1. 58. Order charging certain funds, stock, etc.

      2. 59. Effect of order made under Article 58

      3. 60. Vesting order leading to disposal of certain funds, stock, etc.

   6. Enforcement against debentures

      1. 61. Debenture order

   7. Enforcement against funds in court

      1. 62. Stop order in respect of funds in court, etc.

      2. 63. Effect of stop order

      3. 64. Stop order on money standing to credit of pending proceeding

      4. 65. Power of court to discharge stop order or order sale or payment out

   8. Enforcement against shares in private companies

      1. 66. Restraining order

   9. Appointment of receiver by way of enforcement

      1. 67. Order appointing receiver by way of enforcement

      2. 68. Effect of order appointing receiver

   10. Attachment of debts

       1. 69. Attachment of debts order

       2. 70. Liability of garnishee

       3. 71. Effect of payment by garnishee

       4. 72. Attachment of moneys in a bank or other deposit‐taking institution

       5. 72A. Clerical and administrative costs of garnishees

   11. Attachment of earnings

       1. 73. Attachment of earnings order

       2. 74. Compliance with order by employer

       3. 75. Persons employed under the Crown

       4. 76. Variation, lapse, discharge and termination of orders

       5. 77. Statement of earnings, etc.

       6. 78. Obligation of debtor and his employers to notify changes of employment and earnings

       7. 79. Power of Office to determine whether particular payments are earnings

7. PART VI MULTIPLE DEBT, INSOLVENCY AND WINDING-UP

   1. Administration orders

      1. 80. Power to make administration order on application of debtor

      2. 81. Provisions for recovery of debts which may be made in, or in connection with, administration order

      3. 82. Notice of order

      4. 83. Schedule of debts

      5. 84. Restriction of other remedies, where administration order made

      6. 85. Appropriation of money paid under administration order

      7. 86. Default of debtor

      8. 87. Discharge of administration order

      9. 87A. Effect of administration order on debt relief order

      10. 87B. Notice of administration order ceasing to be in force

   2. Bankruptcy and winding-up

      1. 88. Effect of bankruptcy or winding-up on enforcement

      2. 89. Completion of enforcement in relation to bankruptcy and winding-up

      3. 90. Functions of Office as to proceeds of enforcement, etc.

      4. 91. Retention by Office of money or property pending result of interpleader

      5. 92. Charge in respect of costs and expenses of enforcement

      6. 93. Special provisions as to charges on land

      7. 94. Effect of bankruptcy and winding-up on certain orders

8. PART VII RECOVERY OF CERTAIN DEBTS WITHOUT JUDGMENT

   1. 95. Procedure for recovery of certain admitted debts

   2. 96. Power to treat debt as money judgment

9. PART VIII POWERS OF COURTS

   1. Maintenance orders: means of payments

      1. 96A. Maintenance orders in the High Court and certain county courts: means of payment

   2. Attachment of earnings by order of court

      1. 97. Interpretation of Articles 98 to 105

      2. 98. Power of courts to make attachment of earnings orders

      3. 99. Making of attachment of earnings order

      4. 100. Compliance with order by employer

      5. 101. Persons employed under the Crown

      6. 102. Variation, lapse, discharge and termination of orders

      7. 103. Statement of earnings, etc.

      8. 104. Obligation of debtor and his employers to notify changes of employment and earnings

      9. 105. Power of court to determine whether particular payments are earnings

   3. Imprisonment for wilful default

      1. 106. Limitation on arrest and imprisonment of debtors

      2. 107. Committal for default

      3. 108. Proof of means

      4. 109. Discharge of debtor from custody

      5. 110. Appeal from committal order

   4. Sequestration and committal for contempt

      1. 111. Sequestration order against individual in contempt

      2. 112. Failure of individual to comply with sequestration order

      3. 113. Sequestration order against company in contempt

      4. 114. Referral to High Court of certain contempts of Office

      5. 115. Committal for contempt in certain proceedings in court

10. PART IX REGISTRATION OF JUDGMENTS AND PENDING ACTIONS

    1. 116. The register of judgments

    2. 117. Registration of pending actions, etc.

11. PART X OFFENCES, PROSECUTIONS AND CIVIL LIABILITY

    1. 118. Obstruction and personation of enforcement officers

    2. 119. False applications: criminal and civil liability

    3. 120. False answers

    4. 121. Rescue of or interference with goods in custody of Office

    5. 122. Offences in relation to attachment of earnings orders

    6. 123. Misrepresentation by debt collectors

    7. 124. Conduct of prosecutions

12. PART XI MISCELLANEOUS AND SUPPLEMENTARY

    1. 125. Effect of imprisonment under Article 107 or 115

    2. 126. Amount recoverable on foot of a judgment

    3. 127. Interest

    4. 128. Set-off of cross judgments

    5. 129. Disposal of moneys recovered from debtor, etc.

    6. 130. Entry of satisfaction

    7. 131. Certificate of satisfaction

    8. 132. Vacating of certain charges

    9. 133. Functions of police

    10. 134. Liability for official acts and omissions

    11. 135. Liability of persons applying for enforcement

    12. 136. Power of Office to require attendance of creditor

    13. 137. Dilatory creditors

    14. 138. Postponement of priority of application of dilatory, etc., creditor

    15. 139. Execution of documents in name of debtor

    16. 140. Appeals

    17. 141. Judgment Enforcement Rules

    18. 142. Financial provision

    19. 143. Provisions as to distress

    20. 144. Property in custody of Office exempt from distress

    21. 145. Preservation of certain rights of re-entry

    22. 146. Application to the Crown

    23. 147. Amendments, transitional and saving provisions, etc., and repeals

13. SCHEDULES

    1. SCHEDULE 1

       DEDUCTIONS BY EMPLOYER UNDER ATTACHMENT OF EARNINGS ORDER

       1. PART I DEDUCTIONS

          1. Preliminary definitions

             1. 1. Subject to paragraph 9, paragraphs 2 to 6 have effect for defining and explaining, for...

             2. 2. “Pay-day”, in relation to earnings paid to a debtor, means an occasion on which they...

             3. 3. “Attachable earnings”, in relation to a pay-day, are the earnings which remain payable to the...

             4. 4. “Debtor” includes, in relation to the attachment of earnings to enforce a maintenance order, the...

             5. 5. “Maintenance order” means an order such as is mentioned in Article 98( a ).

             6. 6. On any pay-day— (a) “the normal deduction” is arrived at by applying the normal deduction...

          2. Employer's deduction

             1. 7. (1) This paragraph applies where the attachment of earnings order has been made— (a) by...

             2. 8. (1) This paragraph applies where the attachment of earnings order has been made by the...

       2. PART II PRIORITY AS BETWEEN ORDERS

          1. 9. For the purposes of this Part— “attachment of earnings order” includes such an order made...

          2. 10. Where the employer is required to comply with two or more attachment of earnings orders...

          3. 11. Where the employer is required to comply with two or more attachment of earnings orders,...

    2. Schedule 2—Amendments

    3. SCHEDULE 3

       TRANSITIONAL AND SAVING PROVISIONS AND PROVISIONS FOR THE CONSTRUCTION OF CERTAIN EXPRESSIONS

       1. Transitional and saving provisions (1) An attachment of earnings order may be made by the...

          1. Transitional and saving provisions

             1. 1. An attachment of earnings order may be made by the Office under Article 73 to...

             2. 2. Article 127(1) has effect whether the date on which the judgment was given occurred before...

             3. 3. Notwithstanding the repeal by the Judgments (Enforcement) Act (Northern Ireland) 1969 ( “the Act of...

             4. 4. Notwithstanding the repeal by the Act of 1969 of section 331 of the Irish Bankrupt...

             5. 5. References in rules of court to any statutory provision repealed by this Order shall be...

          2. Construction of certain expressions

             1. 6. Without prejudice to any amendment or repeal effected by or under the Act of 1969...

    4. Schedule 4—Repeals