Magistrates' Courts (Attachment of Earnings) Rules 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/1659 |
| Year | 1967 |
1967 No. 1659 (L. 11)
MAGISTRATES' COURTS
PROCEDURE
The Magistrates' Courts (Attachment of Earnings) Rules 19678thNovember 1967
17thNovember 1967
1stJanuary 1968
I, Gerald, Baron Gardiner, Lord High Chancellor of Great Britain, in exercise of the power conferred upon me by section 15 of the Justices of the Peace Act 1949(a), as extended by section 122 of the Magistrates' Courts Act 1952(b), do hereby, after consultation with the Rule Committee appointed under the said section 15, make the following Rules:—
1.—(1) Part II of the Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959(c) and so much of Part III of those Rules as relates to the said Part II shall apply in relation to an attachment of earnings order under section 46 or 79 of the Criminal Justice Act 1967(d) as it applies in relation to an attachment of earnings order under section 6(1) of the Maintenance Orders Act 1958(e), subject, however, to the exceptions and modifications specified in the following provisions of this Rule.
(2) Rules 10, 14, 15, 16 and 19 of the said Rules of 1959 shall not apply in relation to an attachment of earnings order under the said section 46 or 79.
(3) An attachment of earnings order under the said section 46 or 79 shall be in the form in the Schedule to these Rules or in a form to the like effect.
(4) Rule 17(2) of the said Rules of 1959 shall have effect in relation to any such order as if it specified as the parties to proceedings under section 12 of the said Act of 1958 the person to whom the attachment of earnings, order is directed and the person to whose earnings the order relates.
(5) Rule 18 of the said Rules of 1959 shall have effect in relation to any such order as if in paragraph (1) the words "and such person entitled to receive payments under the related maintenance order as is specified by the attachment of earnings order" and paragraph (3) were omitted.
2. These Rules may be cited as the Magistrates' Courts (Attachment of Earnings) Rules 1967 and shall come into operation on 1st January 1968.
Gardiner, C.
Dated 8th November 1967.
(a) 1949 c. 101.
(b) 1952 c. 55.
(c) S.I. 1959/3 (1959 I, p. 1646).
(d) 1967 c. 80.
(e) 1958 c. 39.
SCHEDULE
Attachment of earnings order—fine or legal aid contribution order
(M.O. Act 1958, s. 6 ; C.J. Act 1967, ss. 46, 79(6) and (7), Sch. 1.)
In the [county of . Petty Sessional Division of ].
Before the Magistrates' Court sitting at
To E.M. of
[It appears to this Court that A.B. of , aged...
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