1. In this Order, unless the context otherwise requires:—
“the Act of 1969” means the Judgment (Enforcement) Act (Northern Ireland) 1969(1)
“judgment” means any judgment, order or decree of any division of the High Court (other than an order made in matrimonial proceedings within the meaning of Rule 124 of the Matrimonial Causes Rules (Northern Ireland) 1979(2)) or an instalment order made under Section 31 of the Act of 1969 or of any inferior Court for the payment of money;
“judgment creditor” means a person entitled to enforce a judgment;
“debtor” means a person liable under a judgment;
“judgment summons” means a summons under Part VII of the Act of 1969.
2. An application for the issue of a judgment summons shall be made by filing an affidavit verifying the amount due under the judgment and showing how the amount is arrived at.
3. Every judgment summons shall be in Form No. 56. of Appendix A and shall be served on the debtor personally not less than 10 clear days before the hearing and at the time of service there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court.
4. Evidence at the hearing may be given orally or by affidavit.
5. Where the debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the debtor appears at the hearing and no order of committal is made, the judge may allow to the debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court.
6. If the judge makes an order for committal, be may direct its execution to be stayed on terms that the debor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original judgment.
7. Where an order of committal is stayed on such terms as are mentioned in paragraph 6:—
(a)all payments thereafter made shall be deemed to be made, first, in or towards the discharge of any sums from time to time accruing due under the original judgment and, secondly, in or towards the discharge of the debt in respect of which the judgment summons was issued and the costs of the summons; and
(b)the said order shall not be issued until the judgment creditor has filed an affidavit of default on the part of the debtor.
8. Where an order of committal has been made but execution of the order is stayed and the debtor subsequently desires to, apply for a further stay, he shall attend at or write to the Central Office and apply for the stay he requires, stating the reasons for his inability to comply with the order, and the Master shall fix a day for the hearing of the application by the judge and serve notice thereof on the judgment creditor and on the debtor by recorded delivery at least three clear days before the day fixed for the hearing.
9. Any order made under this Order may be stayed, suspended, rescinded or varied by a subsequent order.
10. The judgment creditor shall serve notice personally on the debtor of the terms of any order made under this Order whether or not the debtor has attended the hearing.
11. An order of committal shall be directed to any police officer or other person as the Court may direct for execution.
12.—(1) A debtor taken into custody under an order of committal shall not not be released from custody unless he pays to the police officer or the governor of the prison to which he is committed the full amount of the debt or instalment in respect of which such order was made and the costs of the order or upon receipt by the governor of the certificate of discharge prescribed under paragraph (5);
(2) A police officer or prison governor to whom a sum of money is paid by a debtor in accordance with paragraph (1) shall issue to the debtor a receipt therefor and shall indorse on the order of committal a certificate of the amount he has received and the date thereof and the police officer or prison governor shall sign his name at the foot of the certificate.
(3) Such sum shall be transmitted to the judgment creditor or his solicitor forthwith.
(4) The creditor or his solicitor on receiving the sum transmitted to him shall send a receipt therefor;
(5) The certificate prescribed for the purposes of section 90 of the Act of 1969 shall be in Form No. 57 in Appendix A, signed by the creditor, or his solicitor or a master, that there has been paid to or on account of the creditor by or on behalf of the debtor—
(a)the debt or instalment in respect of which he was imprisoned;
(b)the costs of the order of committal;
and the creditor or his solicitor shall, if the debtor so requires, furnish to the debtor a copy of such certificate.