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Attachment of Earnings Act 1971

Consolidated Text As Enacted Cited authorities 24 Cited in Amendments 371 Related
Vincent
JurisdictionUK Non-devolved
Citation1971 c. 32
(1) The High Court may make an attachment of earnings order to secure payments under a High Court maintenance order.(1A) The family court may make an attachment of earnings order to secure payments under a High Court or family court maintenance order.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the payment of a judgment debt, other than a debt of less than £5 or such other sum as may be prescribed by F121rules of court; orpayments under an administration order.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the payment of any sum required to be F115paid under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.(4) (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.
  • The following provisions of this Act apply, except where otherwise stated, to attachment of earnings orders made, or to be made, by any court under this Act or under Schedule 5 to the Courts Act 2003, or by a fines officer under that Schedule.
    • (a) “maintenance order” means any order F3, decision, settlement F112, arrangement or instrument specified in Schedule 1 to this Act and includes F4one which has been discharged F5or has otherwise ceased to operate if any arrears are recoverable thereunder;(b) “High Court maintenance order” F123and “family court maintenance order” mean respectively a maintenance order enforceable by the High Court F124and the family court;a judgment or order enforceable by a court in England and Wales (not being a magistrates’ court) ;an order of a magistrates’ court for the payment of money recoverable summarily as a civil debt; oran order of any court which is enforceable as if it were for the payment of money so recoverable,(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.

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