Attachment of Earnings Act 1971

Cases in which attachment is available E+W

1 Courts with power to attach earnings. E+W

(1) The High Court may make an attachment of earnings order to secure payments under a High Court maintenance order.

(2) A county court may make an attachment of earnings order to secure—

(a) payments under a High Court or a county court maintenance order;

(b) the payment of a judgment debt, other than a debt of less than £5 or such other sum as may be prescribed by county court rules; or

(c) payments under an administration order.

(3) A magistrates’ court may make an attachment of earnings order to secure—

(a) payments under a magistrates’ court maintenance order;[F1 or]

(b) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the payment of any sum required to be paid by an [F3 order under section 17(2) of the Access to Justice Act 1999][F4 or under regulations under section 17A(1) of that Act].

(4) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any power conferred by this Act to make an attachment of earnings order includes a power to make such an order to secure the discharge of liabilities arising before the coming into force of this Act.

Textual Amendments

F1 Word at the end of s. 1(3)(a) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 35(a)(i)

F2 S. 1(3)(b) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 35(a)(ii)

F3 Words in s. 1(3)(c) substituted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 8 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

F4 Words in s. 1(3)(c) inserted (2.10.2006) by Criminal Defence Service Act 2006 (c. 9), ss. 4(1), 5(4); S.I. 2006/2491, art. 2

F5 S. 1(4) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 35(b)

[F6 1A Orders to which this Act applies E+W

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.]

Textual Amendments

F6 S. 1A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 36

2 Principal definitions. E+W

In this Act—

(a) “maintenance order” means any order [F7 , decision, settlement[F8 , arrangement] or instrument] specified in Schedule 1 to this Act and includes [F9 one] which has been discharged [F10 or has otherwise ceased to operate] if any arrears are recoverable thereunder;

(b) “High Court maintenance order”, “county court maintenance order” and “magistrates’ court maintenance order” mean respectively a maintenance order enforceable by the High Court, a county court and a magistrates’ court;

(c) “judgment debt” means a sum payable under—

(i) a judgment or order enforceable by a court in England and Wales (not being a magistrates’ court);

(ii) an order of a magistrates’ court for the payment of money recoverable summarily as a civil debt; or

(iii) an order of any court which is enforceable as if it were for the payment of money so recoverable,

but does not include any sum payable under a maintenance order or an administration order;

(d) “the relevant adjudication”, in relation to any payment secured or to be secured by an attachment of earnings order, means the conviction, judgment, order or other adjudication from which there arises the liability to make the payment; and

(e) “the debtor”, in relation to an attachment of earnings order, or to proceedings in which a court has power to make an attachment of earnings order, or to proceedings arising out of such an order, means the person by whom payment is required by the relevant adjudication to be made.

Textual Amendments

F7 S. 2: words in definition of "maintenance order" inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 7 para. 4(2)(a)

F8 Word in s. 2 inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 3(2)

F9 S. 2: words in definition of "maintenance order" substituted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 7 para. 4(2)(b)

F10 S. 2: words in definition of "maintenance order" inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 7 para. 4(2)(c)

3 Application for order and conditions of court’s power to make it. E+W

[F11 (A1) This section shall not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.]

(1) The following persons may apply for an attachment of earnings order:—

(a) the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court);

(b) where the relevant adjudication is an administration order, any one of the creditors scheduled to the order;

(c) without prejudice to paragraph (a) above, where the application is to a magistrates’ court for an order to secure maintenance payments, and there is in force an order under [F12 [F13 section 59] of the Magistrates’ Courts Act 1980], or section 19(2) of the M1 Maintenance Orders Act 1950, that those payments be made to [F14 the designated officer for a magistrates' court, that officer];

[F15 (ca) without prejudice to paragraph (a) above, where the application is to a magistrates’ court to secure maintenance payments under a maintenance order described in paragraph 13, 14, 14A or 14B of Schedule 1 and those payments are to be made to the designated officer for a magistrates’ court, that officer;]

(d) in the following cases the debtor—

(i) where the application is to a magistrates’ court;

or

(ii) where the application is to the High Court or a county court for an order to secure maintenance payments.

F16 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F17 Subject to subsection ( 3A) below] for an attachment of earnings order to be made on the application of any person other than the debtor it must appear to the court that the debtor has failed to make one or more payments required by the relevant adjudication.

F18 [(3A) Subsection (3) above shall not apply where the relevant adjudication is a maintenance order.]

[F19 (3B) F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C) F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) Where proceedings are brought—

(a) in the High Court or a county court for the enforcement of a maintenance order by committal under section 5 of the M2 Debtors Act 1869; or

(b) in a magistrates’ court for the enforcement of a maintenance order under [F21 section 76 of the Magistrates’ Courts Act 1980](distress or committal),

then, F22 . . ., the court may make an attachment of earnings order to secure payments under the maintenance order, instead of dealing with the case under section 5 of the M3 said Act of 1869 or, as the case may be, [F21 section 76 of the said Act of 1980].

F23 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where proceedings are brought in a county court for an order of committal under section 5 of the M4 Debtors Act 1869 in respect of a judgment debt for any of the taxes, contributions [F24 premiums] or liabilities specified in Schedule 2 to this Act, the court may, in any circumstances in which it has power to make such an order, make instead an attachment of earnings order to secure the payment of the judgment debt.

(7) A county court shall not make an attachment of earnings order to secure the payment of a judgment debt if there is in force an order or warrant for the debtor’s committal, under section 5 of the M5 Debtors Act 1869, in respect of that debt; but in any such case the court may discharge the order or warrant with a view to making an attachment of earnings order instead.

Textual Amendments

F11 S. 3(A1) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 37(a)

F12 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(a)

F13 Words in s. 3(1)(c) substituted (1.4.1992) by Maintenance Enforcement 1991 (c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 1(1); S.I. 1992/455, art. 2

F14 Words in s. 3(1)(c) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 141; S.I. 2005/910, art. 3(y)

F15 S. 3(1)(ca) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 3(3) (as amended (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 145)

F16 S. 3(2) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(2), Sch. 3; S.I. 1992/455, art. 2

F17 Words in s. 3(3) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(2), Sch. 2 para. 1(3); S.I. 1992/455, art. 2

F18 S. 3(3A) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(2), Sch. 2 para. 1(4); S.I. 1992/455, art. 2

F19 S. 3(3B)(3C) inserted (4.7.1996 with application as mentioned in s. 53(2)(3)) by 1996 c. 25, s. 53(1) (with s. 78(1))

F20 S. 3(3B)(3C) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 37(b)

F21 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(b)

F22 Words in s. 3(4) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(5), Sch. 3; S.I. 1992/455, art. 2

F23 S. 3(5) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(6), Sch. 3; S.I. 1992/455, art. 2

F24 Word inserted by Social Security Act 1973 (c. 38), Sch. 27 para. 88

Marginal Citations

M1 1950 c. 37.

M2 1869 c. 62.

M3 1869 c. 62.

M4 1869 c. 62.

M5 1869 c. 62.