The Rules of the Supreme Court (Amendment No. 2) 1971

12.  For rule 18 there shall be substituted the following rule:—

“Discharge or variation by court of own motion

18.— (1) Subject to paragraph (7), the powers conferred by section 9(1) of the Act of 1971 may be exercised by the Court of its own motion in the circumstances mentioned in the following paragraphs.

(2) Where it appears to the Court that a person served with an attachment of earnings order directed to him has not the defendant in his employment, the Court may discharge the order.

(3) Where an attachment of earnings order which has lapsed under section 9(4) of the Act of 1971 is again directed to a person who appears to the Court to have the debtor in his employment, the Court may make such consequential variations in the order as it thinks fit.

(4) Where, after an attachment of earnings order has been made, a writ of fieri facias is issued to enforce the related maintenance order, the Court may discharge or vary the attachment of earnings order.

(5) Where, after an attachment of earnings order has been made, it appears to the Court that the related maintenance order has ceased to have effect, whether by virtue of the terms of the maintenance order or under section 21 of the Act of 1970 or otherwise, the Court may discharge or vary the attachment of earnings order.

(6) Where an attachment of earnings order has been made by the High Court under Part II of the Act of 1958, the Court may vary the order so as to bring it into conformity with the provisions of the Act of 1971 or replace it by an attachment of earnings order having effect as if made under the corresponding power in that Act.

(7) Before discharging or varying an order of its own motion under any of the foregoing paragraphs, the Court shall, unless it thinks it unnecessary in the circumstances to do so, give the defendant and the person entitled to payments under the related maintenance order an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the proper officer may give them notice of a date, time and place at which the question will be considered.”