Courts Act 2003

Part 3 Attachment of earnings orders and applications for benefit deductions

Application of Part

7 (1) This Part applies if—

(a) the court which is imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or

(b) P was required to pay the sum due immediately but failed to do so.

(2) In the following provisions of this Part, “the relevant court” means—

(a) the court which is imposing the liability to pay the sum due, or

(b) if sub-paragraph (1)(b) applies, the magistrates' court responsible for enforcing payment of the sum due.

Attachment of earnings order or application for benefit deductions without P’s consent

8 (1) This paragraph applies if the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.

(2) The court must make an attachment of earnings order if it appears to the court—

(a) that P is in employment, and

(b) that it is not impracticable or inappropriate to make the order.

(3) The court must make an application for benefit deductions if it appears to the court—

(a) that P is entitled to a relevant benefit, and

(b) that it is not impracticable or inappropriate to make the application.

(4) If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.

Attachment of earnings order or application for benefit deductions with P’s consent

9 (1) This paragraph applies if the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

(2) The court may make—

(a) an attachment of earnings order, or

(b) an application for benefit deductions,

if P consents.

Meaning of “relevant benefit” and “application for benefit deductions”

10 In this Schedule—

(a) “relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support etc.), and

(b) “application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.