Amendments to the Attachment of Earnings Act 197141

1

Section 144 (power of court to obtain statement of earnings etc) is amended as follows—

2

In subsection (1)—

a

after “power” insert “under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,”;

b

for “it” substitute “the court or the fines officer, as the case may be,”;

c

in paragraph (a) after “court” insert “or the fines officer, as the case may be”; and

d

in paragraph (b)—

i

after “appearing to the court” insert “or the fines officer, as the case may be,”; and

ii

for “give to the court,” substitute “give to the court or the fines officer, as the case may be,”.

3

In subsection (2)—

a

after “court” insert “or the fines officer, as the case may be,”; and

b

for “it” substitute “the court”.

4

In subsection (4), at the end add—

  • This subsection does not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.

5

In subsection (5)—

a

after “power” insert “under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,”; and

b

after “the court” insert “or the fines officer, as the case may be,”.