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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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Taxes, social security contributions etc. relevant for purposes of section 3(6)
SCHEDULE 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 20 of Maintenance Orders Act 1958 as having effect in consequence of this Act
An Act to consolidate the enactments relating to the attachment of earnings as a means of enforcing the discharge of monetary obligations.
[12th May 1971]
C1Act saved (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 1(9)(a); S.I. 1992/455, art.2
C2Power to apply conferred (E.W.) by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 22, 142, Sch. 4 para. 28.
C3Act applied (1.4.1992) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 59(3)(d) (as substituted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s.2; S.I. 1992/455, art.2)
C4Act: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para. 15
C5Act: power to apply conferred (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 14(3), Sch. 4 para. 19(2)
C6By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be constued as references to juvenile courts.
E1Act except s. 20(2) does not extend to Scotland or Northern Ireland see s. 29(3)
I1Act not in force at Royal Assent see s. 29(4); Act wholly in force 2.8.1971.
(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;
(b)the payment of any sum adjudged to be paid by a conviction or treated (by any enactment relating to the collection and enforcement of fines, costs, compensation or forfeited recognisances) as so adjudged to be paid; or
(c)the payment of any sum required to be paid by an [F1order under section 17(2) of the Access to Justice Act 1999].
(4)The following provisions of this Act apply, except where otherwise stated, to attachment of earnings orders made, or to be made, by any court.
(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.
F1Words 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)
In this Act—
(a)“maintenance order” means any order specified in Schedule 1 to this Act and includes such an order which has been discharged 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.
(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 [F1 [F2section 59] of the Magistrates’ Courts Act 1980], or section 19(2) of the M1Maintenance Orders Act 1950, that those payments be made to [F3a justices’ chief executive, that justices’ chief executive];
(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.
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F5Subject 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.
[ F6(3A)Subsection (3) above shall not apply where the relevant adjudication is a maintenance order.]
[ F7(3B)Where—
(a)a magistrates’ court imposes a fine on a person in respect of an offence, and
(b)that person consents to an order being made under this subsection,
the court may at the time it imposes the fine, and without the need for an application, make an attachment of earnings order to secure the payment of the fine.
(3C)Where—
(a)a magistrates’ court makes in the case of a person convicted of an offence an order under [F8section 130 of the Powers of Criminal Courts (Sentencing) Act 2000] (a compensation order) requiring him to pay compensation or to make other payments, and
(b)that person consents to an order being made under this subsection,
the court may at the time it makes the compensation order, and without the need for an application, make an attachment of earnings order to secure the payment of the compensation or other payments.]
(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 M2Debtors Act 1869; or
(b)in a magistrates’ court for the enforcement of a maintenance order under [F9section 76 of the Magistrates’ Courts Act 1980](distress or committal),
then, F10. . ., 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 M3said Act of 1869 or, as the case may be, [F9section 76 of the said Act of 1980].
F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Where proceedings are brought in a county court for an order of committal under section 5 of the M4Debtors Act 1869 in respect of a judgment debt for any of the taxes, contributions [F12premiums] 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 M5Debtors 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.
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(a)
F2Words 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
F3Words in s. 3(1)(c) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 65 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F4S. 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
F5Words 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
F6S. 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
F7S. 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))
F8Words in s. 3(3C)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 44
F9Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(b)
F10Words 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
F11S. 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
F12Word inserted by Social Security Act 1973 (c. 38), Sch. 27 para. 88
M11950 c. 37.
M21869 c. 62.
M31869 c. 62.
M41869 c. 62.
M51869 c. 62.
(1)Where, on an application to a county court for an attachment of earnings order to secure the payment of a judgment debt, it appears to the court that the debtor also has other debts, the court—
(a)shall consider whether the case may be one in which all the debtor’s liabilities should be dealt with together and that for that purpose [F1an administration order should be made]; and
(b)if of opinion that it may be such a case, shall have power (whether or not it makes the attachment of earnings order applied for), with a view to making an administration order, to order the debtor to furnish to the court a list of all his creditors and the amounts which he owes to them respectively.
(2)If, on receipt of the list referred to in subsection (1)(b) above, it appears to the court that the debtor’s whole indebtedness amounts to not more than the amount [F2which for the time being is the county court limit for the purposes of section 112 of the County Courts Act 1984](limit of total indebtedness governing county court’s power to make administration order on application of debtor), the court may make such an order in respect of the debtor’s estate.
[F3(2A)Subsection (2) above is subject to section 112(3) and (4) of the County Courts Act 1984 (which require that, before an administration order is made, notice is to be given to all the creditors and thereafter restricts the right of any creditor to institute bankruptcy proceedings).]
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(4)Nothing in this section is to be taken as prejudicing any right of a debtor to apply, under [F5section 112 of the County Courts Act 1984]for an administration order.
F1Words substituted by Insolvency Act 1976 (c. 60), s. 13(2)
F2Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 40(a)
F3S. 4(2A) substituted for the second paragraph of subsection (2) by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 40(b)
F4S. 4(3) repealed by Insolvency Act 1976 (c. 60), s. 13(1), Sch. 3
F5Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 40(c)
(1)Where a county court makes an administration order in respect of a debtor’s estate, it may also make an attachment of earnings order to secure the payments required by the administration order.
(2)At any time when an administration order is in force a county court may (with or without an application) make an attachment of earnings order to secure the payments required by the administration order, if it appears to the court that the debtor has failed to make any such payment.
(3)The power of a county court under this section to make an attachment of earnings order to secure the payments required by an administration order shall, where the debtor is already subject to an attachment of earnings order to secure the payment of a judgment debt, include power to direct that the last-mentioned order shall take effect (with or without variation under section 9 of this Act) as an order to secure the payments required by the administration order.
(1)An attachment of earnings order shall be an order directed to a person who appears to the court to have the debtor in his employment and shall operate as an instruction to that person—
(a)to make periodical deductions from the debtor’s earnings in accordance with Part I of Schedule 3 to this Act; and
(b)at such times as the order may require, or as the court may allow, to pay the amounts deducted to the collecting officer of the court, as specified in the order.
(2)For the purposes of this Act, the relationship of employer and employee shall be treated as subsisting between two persons if one of them as a principal and not as a servant or agent, pays to the other any sums defined as earnings by section 24 of this Act.
(3)An attachment of earnings order shall contain prescribed particulars enabling the debtor to be identified by the employer.
(4)Except where it is made to secure maintenance payments, the order shall specify the whole amount payable under the relevant adjudication (or so much of that amount as remains unpaid), including any relevant costs.
(5)The order shall specify—
(a)the normal deduction rate, that is to say, the rate (expressed as a sum of money per week, month or other period) at which the court thinks it reasonable for the debtor’s earnings to be applied to meeting his liability under the relevant adjudication; and
(b)the protected earnings rate, that is to say the rate (so expressed) below which, having regard to the debtor’s resources and needs, the court thinks it reasonable that the earnings actually paid to him should not be reduced.
(6)In the case of an order made to secure payments under a maintenance order (not being an order for the payment of a lump sum), the normal deduction rate—
(a)shall be determined after taking account of any right or liability of the debtor to deduct income tax when making the payments; and
(b)shall not exceed the rate which appears to the court necessary for the purpose of—
(i)securing payment of the sums falling due from time to time under the maintenance order, and
(ii)securing payment within a reasonable period of any sums already due and unpaid under the maintenance order.
(7)For the purposes of an attachment of earnings order, the collecting officer of the court shall be (subject to later variation of the order under section 9 of this Act)—
(a)in the case of an order made by the High Court, either—
(i)the proper officer of the High Court, or
(ii)the [F1appropriate officer] of such county court as the order may specify;
(b)in the case of an order made by a county court, the [F1appropriate officer] of that court; and
(c)in the case of an order made by a magistrates’ court, the clerk [F2justices’ chief executive for that court or for]another magistrates’ court specified in the order.
[F3(8)In subsection (7) above “appropriate officer” means an officer designated by the Lord Chancellor.]
F1Words substituted (3.7.1978) by Administration of Justice Act 1977 (c. 38), s. 19(5)(a)
F2Words in s. 6(7)(c) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 66; S.I. 2001/916, art. 2(a)(ii)
F3S. 6(8) added (3.7.1978) by Administration of Justice Act 1977 (c. 38), s. 19(5)(b)
(1)Where an attachment of earnings order has been made, the employer shall, if he has been served with the order, comply with it; but he shall be under no liability for non-compliance before seven days have elapsed since the service.
(2)Where a person is served with an attachment of earnings order directed to him and he has not the debtor in his employment, or the debtor subsequently ceases to be in his employment, he shall (in either case), within ten days from the date of service or, as the case may be, the cesser, give notice of that fact to the court.
(3)Part II of Schedule 3 to this Act shall have effect with respect to the priority to be accorded as between two or more attachment of earnings orders directed to a person in respect of the same debtor.
(4)On any occasion when the employer makes, in compliance with the order, a deduction from the debtor’s earnings—
(a)he shall be entitled to deduct, in addition, five new pence, or such other sum as may be prescribed by order made by the Lord Chancellor, towards his clerical and administrative costs; and
(b)he shall give to the debtor a statement in writing of the total amount of the deduction.
(5)An order of the Lord Chancellor under subsection (4)(a) above—
(a)may prescribe different sums in relation to different classes of cases;
(b)may be varied or revoked by a subsequent order made under that paragraph; and
(c)shall be made by statutory instrument subject to annulment by resolution of either House of Parliament.
(1)Where an attachment of earnings order has been made to secure maintenance payments, no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order.
(2)Where a county court has made an attachment of earnings order to secure the payment of a judgment debt—
(a)no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the debt begun before the making of the attachment of earnings order; and
(b)so long as the order is in force, no execution for the recovery of the debt shall issue against any property of the debtor without the leave of the county court.
(3)An attachment of earnings order made to secure maintenance payments shall cease to have effect upon the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the related maintenance order, or upon the exercise for that purpose of the power conferred on a magistrates’ court by [F1section 77(2) of the Magistrates’ Courts Act 1980]to postpone the issue of such a warrant.
(4)An attachment of earnings order made to secure the payment of a judgment debt shall cease to have effect on the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the debt.
(5)An attachment of earnings order made to secure any payment specified in section 1(3)(b) or (c) of this Act shall cease to have effect on the issue of a warrant committing the debtor to prison for default in making that payment.
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 98
Attachment of Earnings Act 1971