Magistrates' Courts (Attachment of Earnings) Rules 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/809 |
| Year | 1971 |
1971 No. 809 (L. 18)
MAGISTRATES' COURTS
PROCEDURE
The Magistrates' Courts (Attachment of Earnings) Rules 197113thMay 1971
21stMay 1971
2ndAugust 1971
The Lord Chancellor, in exercise of the power conferred on him by section 15 of the Justices of the Peace Act 1949(a), as extended by section 122 of the Magistrates' Courts Act 1952(b), section 5 of the Justices of the Peace Act 1968(c) and sections 6(3), 9(3), 12(1), 17(3), 19(2), 20(4) and 26(2) of the Attachment of Earnings Act 1971(d), after consultation with the Rule Committee appointed under the said section 15, hereby makes the following Rules :—
Citation and operation
1. These Rules may be cited as the Magistrates' Courts (Attachment of Earnings) Rules 1971 and shall come into operation on 2nd August 1971.
Interpretation
2.—(1) Sections 2 and 25(1) of the Act shall apply to the interpretation of these Rules as they apply to the interpretation of the Act.
(2) The Interpretation Act 1889(e) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(3) Any reference in these Rules to "the Act" is a reference to the Attachment of Earnings Act 1971.
(4) Any reference in these Rules to any enactment or rule is a reference to that enactment or rule as amended by any enactment or rule.
(5) Any reference in these Rules to a form in the Schedule to these Rules shall include a reference to a form to the like effect with such variations as the circumstances may require.
(6) Any reference in these Rules to an attachment of earnings order shall be construed subject to the provisions of Rule 23.
(a) 1949 c. 101.
(b) 1952 c. 55.
(c) 1968 c. 69.
(d) 1971 c. 32.
(e) 1889 c. 63.
Revocation
3.—(1) Rules 10 to 20 and 23(2) of the Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959(a), the Magistrates' Courts (Attachment of Earnings) Rules 1967(b) and paragraph 9 of the Schedule to the Justices' Clerks Rules 1970(c) are hereby revoked.
(2) The forms numbered 13, 14 and 20 in the Schedule to the Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959 shall be omitted therefrom.
Jurisdiction as respects complaints for an attachment of earnings order
4. A magistrates' court shall have jurisdiction to hear a complaint for an attachment of earnings order if it would have jurisdiction to enforce payment of any arrears under the related maintenance order.
Attachment of earnings order
5. An attachment of earnings order shall be in the form numbered 1 in the Schedule to these Rules.
Service of orders and notices
6.—(1) Where a magistrates' court makes an attachment of earnings order or an order varying or discharging such an order, the clerk of the court shall cause a copy of the order to be served on the employer and shall send a copy of the order to the debtor.
(2) Where an attachment of earnings order made by a magistrates' court ceases to have effect as provided in section 8 or 11 of the Act, notice of cessation shall be given to the employer.
(3) The notice required by the preceding paragraph shall be given by the clerk of the magistrates' court—
(a) which made or confirmed the maintenance order (in a case to which section 11(1)(c) of the Act applies);
(b) in which the maintenance order is registered under any enactment (in a case to which section 11(1)(a), (b) or (d) of the Act applies);
(c) which issued the warrant of commitment or exercised the power conferred by section 65(2) of the Magistrates' Courts Act 1952 (in a case to which section 8 of the Act applies).
Particulars of debtor
7. The particulars of the debtor for the purpose of enabling him to be identified which, so far as they are known, are to be included in an attachment of earnings order under section 6(3) of the Act shall be—
(a) full name and address ;
(b) place of work ;
(c) nature of work and works number, if any.
Notice of application for appropriate variation order
8. The clerk of a magistrates' court, by which an application under section 10 of the Act for the appropriate variation of an attachment of earnings order is to be heard, shall give notice in writing of the time and place appointed for the hearing of the application to the person entitled to receive payment under the related maintenance order (whether directly or through the officer of any court).
(a) S.I. 1959/3 (1959 I, p. 1646).
(b) S.I. 1967/1659 (1967 III, p. 4517).
(c) S.I. 1970/231 (1970 I, p. 959).
Jurisdiction as respects complaints for the discharge and variation of attachment of earnings orders
9.—(1) This Rule shall apply to a complaint for the discharge or variation of an attachment of earnings order except where the related maintenance order—
(a) is an affiliation order to which section 88(2)(a) of the Children and Young Persons Act 1933(a) applies ;
(b) is an order made under section 87 of that Act ;
(c) is an order made under section 43 of the National Assistance Act 1948(b) ;
(d) is an order made under section 30 of the Children and Young Persons Act 1963(c).
(2) Where a complaint is made to a justice of the peace acting for the same petty sessions area as the court which made the attachment of earnings order and it appears to him that—
(a) the person in whose favour the attachment of earnings order was made, or
(b) the debtor,
is for the time being in some petty sessions area other than that for which the justice is acting, or that the complainant is the clerk of a magistrates' court acting for such other area, then, if it appears to the justice that the complaint may be more conveniently dealt with by a magistrates' court acting for that other area, he may cause the clerk of the court to send the complaint by post to the clerk of the other court and for that purpose shall write down the complaint, if this has not already been done.
(3) On receipt by the clerk of a magistrates' court of a complaint under the preceding paragraph, he shall bring the complaint before the court and the court shall issue a summons requiring the person appropriate under section 19(4) of the Act to appear before it, and shall hear and determine the complaint.
Complaints for variation or discharge of attachment of earnings orders against persons outside United Kingdom
10.—(1) Where a complaint for the variation or discharge of an attachment of earnings order is made against a person who resides outside the United Kingdom and that person does not appear at the time and place appointed for the hearing of the complaint, then, subject to paragraph (2) of this Rule, the court may, if it thinks it reasonable in all the circumstances to do so, proceed to hear and determine the complaint in accordance with section 20(3) of the Act if it is proved to the satisfaction of the court that the complainant has taken any of the following steps to give the person against whom the complaint is made notice of the complaint and of the time and place appointed for the hearing thereof, that is to say—
(a) has caused written notice of the matters aforesaid to be delivered to the said person ;
(b) has caused written notice of the matters aforesaid to be sent by post addressed to the said person at his last known or usual place of abode or at his place of business or at some other address at which there is ground for believing that it will reach him ; or
(a) 1933 c. 12.
(b) 1948 c. 29.
(c) 1963 c. 37.
(c) has caused notice of the matters aforesaid to be inserted in one or more newspapers on one or more occasions.
(2) Where it is proposed to take any such steps as are mentioned in sub-paragraph (b) or (c) of the preceding paragraph, the complainant shall apply for directions to a justice of the peace acting for the same petty sessions area as the court by which the complaint is to be heard, and the taking of such steps shall be effective for the purposes of this Rule only if they were taken in accordance with the directions given by the said justice.
(3) Paragraph (1) of Rule 55 of the Magistrates' Courts Rules 1968(a) shall apply for the purpose of proving the delivery of a written notice in pursuance of sub-paragraph (a) of paragraph (1) of this Rule as it applies for the purpose of proving the service of a summons.
In relation to a solemn declaration made outside the United Kingdom, paragraph (1) of the said Rule 55, as applied by this paragraph, shall have effect as if for the reference to the authorities mentioned in the said paragraph (1) there were substituted a reference to a consular officer of Her Majesty's Government in the United Kingdom or any person for the time being...
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