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Attachment of earnings order.
[1993 s287(1)]
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347.—(1) (a) On application to the District Court by a competent authority on whose application the District Court has made an antecedent order, the Court may, to secure payments under the antecedent order, if it is satisfied that the liable relative is a person to whom earnings are to be paid, make an attachment of earnings order.
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(b) References in paragraph (a) to an antecedent order made by the District Court shall include references to such an order made, varied or affirmed on appeal from that Court.
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| [1993 s287(2)] |
(2) An attachment of earnings order shall be an order directed to a person who (at the time of the making of the order or at any time after the making of the order) has the liable relative in his or her employment and shall operate as a direction to that person to make, at the times that may be specified in the order, periodical deductions of the amounts (specified in the order) that may be appropriate, having regard to the normal deduction rate (within the meaning of subsection (4)(a)) and the protected earnings rate (within the meaning of subsection (4)(b)), from the liable relative's earnings and to pay the amounts deducted at the times the Court may order to the District Court clerk specified by the attachment of earnings order for transmission to the person or competent authority entitled to receive payments made under the relevant antecedent order.
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| [1993 s287(3)] |
(3) An attachment of earnings order shall not be made without the consent of the liable relative, unless the District Court is satisfied that the liable relative has, without reasonable excuse, defaulted in the making of any payment under the relevant antecedent order.
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| [1993 s287(4)] |
(4) An attachment of earnings order shall—
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(a) specify the normal deduction rate, being the rate at which the District Court considers it reasonable that the earnings to which the order relates should be applied in satisfying the relevant antecedent order, not exceeding the rate appearing to the District Court to be necessary for the purpose of—
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(i) securing payment of the sums that are due from time to time under the relevant antecedent order, and
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(ii) securing payment within a reasonable period of any sums already due and unpaid under the relevant antecedent order,
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(b) specify the protected earnings rate, being the rate below which, having regard to the resources and the needs of the liable relative, the District Court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order, and
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(c) contain, so far as they are known to the District Court, the particulars it considers appropriate for the purpose of enabling the liable relative to be identified by the person to whom the order is directed.
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| [1993 s287(5)] |
(5) Payments under an attachment of earnings order shall be in lieu of payments of the like total amount under the relevant antecedent order that have not been made and that, but for the attachment of earnings order, would be required to be made under the relevant antecedent order.
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