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JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - LONG TITLE

An Act to make provision with respect to the enforcement of
judgments; to amend the law relating to debtors, to the registration
of judgments and of certain other matters; to provide for the
abolition of certain proceedings and rights, and the modification and
repeal of certain statutory provisions; and for matters connected
therewith.{1}
[18th December 1969]
Preamble rep. by 1981 NI 6 art.147(3) sch.4

Part I (ss.1, 2) rep. by 1981 NI 6 art.147(3) sch.4

[

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 3

3.(1) The Lord Chancellor shall maintain within the Northern Ireland
Court Service an office to be called the Enforcement of Judgments
Office (in this Act referred to as "the Office") by or through
which, subject to the provisions of this Act all judgments to which
this Act applies shall be enforced.]

Subs.(2)(3) rep. by 1981 NI 6 art.147(3) sch.4

Ss.47 rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1981 NI 6 art.147(3)
sch.4

Part III (ss.817) rep. by 1979 NI 3 art.35(3) sch.5; 1981 NI 6
art.147(3) sch.4

Part IV (ss.1830) rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1979 NI
3 art.35(3) sch.5; 1981 NI 6 art.147(3) sch.4

Ss.3172 rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1979 NI 3 art.35(3)
sch.5; 1981 NI 6 art.147(3) sch.4

Attachment of earnings order.

[

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 73

73.(1) Without prejudice to section 77F(2) and (3), where it appears
to the Office that a debtor is a person to whom earnings fall to
be paid, the Office may, on the application of the creditor, make
an order ("an attachment of earnings order") requiring the person to
whom the order is directed to make out of those earnings, or part
thereof, such payments as may be specified in the order.

(2) The person to whom an attachment of earnings order is directed
shall be a person who appears to the Office to have the debtor in
his employment; and the order 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 1A; and

(b)at such times as the order may require, or as the Office may
allow, to pay the amounts deducted to the Office, as specified in
the order.

(3) For the purposes of this section, sections 74 to 77D and
Schedule 1A, 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 77C.

(4) An attachment of earnings order shall contain particulars
prescribed by rules enabling the debtor to be identified by the
employer.

(5) The order shall specify the whole amount recoverable on foot of
the relevant judgment (or so much of that amount as remains
unpaid).

(6) 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
Office thinks it reasonable for the debtor's earnings to be applied
to meeting his liability under the relevant judgment; 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 (including the needs of any person for whom he must, or
reasonably may, provide), the Office thinks it reasonable that the
earnings actually paid to him should not be reduced.

(7) An attachment of earnings order may be made to secure the
discharge of a liability arising before the commencement of this
section.][

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 74
Compliance with order by employer.

74.(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 in writing of that fact
to the Office.

(3) Part II of Schedule 1A shall have effect with respect to the
priority to be accorded as between two or more attachment of
earnings orders directed to a person either by the Office and a
court, or by a court, 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, [50p] or such other
sum as may be prescribed by rules 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) Any sum deducted by the employer from the debtor's earnings in
compliance with the order, but not yet paid to the Office, shall
in the bankruptcy or winding up of the employer be treated as
money held by the employer on trust for the Office.][

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 75
Persons employed under the Crown.

75.(1) The fact that an attachment of earnings order is made at
the suit of the Crown shall not prevent its operation at any time
when the debtor is in the employment of the Crown.

(2) Where a debtor is in the employment of the Crown and an
attachment of earnings order is made in respect of him, then for
the purposes of sections 73, 74 and 76 to 77D and Schedule 1A

(a)the chief officer for the time being of the government
department, office or other body in which the debtor is employed
shall be treated as having the debtor in his employment (any
transfer of the debtor from one department, office or body to
another being treated as a change of employment); and

(b)any earnings paid by the Crown, a Minister of the Crown or a
government department, or out of the public revenue of the United
Kingdom or Northern Ireland, shall be treated as paid by the said
chief officer.

(3) In accordance with section 73(3), the reference in subsection
(2)(a) to the department, office or other body in which the debtor
is employed shall, in the case of a debtor who is not employed
for the purposes of, but whose earnings are paid in the capacity
of principal by, such a body, be construed as a reference to the
department, office or other body by which any earnings of his are
paid in that capacity.

(4) If any question arises, in proceedings for or arising out of
an attachment of earnings order, as to what department, office or
other body is concerned for the purposes of this section, or as to
who for those purposes is the chief officer thereof, the question
shall be referred to and determined by the Department of the Civil
Service or, as the case may require, the Minister for the Civil
Service; but the Department or Minister shall not be under any
obligation to consider a reference under this subsection unless it
is made by the Office.

(5) A document purporting to set out a determination of the
Department of the Civil Service under subsection (4) and to be
signed by an officer of that Department, or to set out a
determination of the Minister for the Civil Service under that
subsection and to be signed on behalf of the Minister shall, in
any such proceedings as are mentioned in that subsection, be
admissible in evidence and be deemed to contain an accurate
statement of such a determination unless the contrary is shown.

(6) In this section "government department" includes a department of
the Government of the United Kingdom.][

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 76
Variation, lapse, discharge and termination of orders.

76.(1) The power of the Office, conferred by section 10(1)(g)(i), to
vary an attachment of earnings order includes power to suspend and
revive it.

(2) Subsections (3) to (8) shall have effect where the Office
varies or discharges an attachment of earnings order.

(3) Where an order is varied, the employer shall, if he has been
served with notice of the variation, comply with the order as
varied; but he shall be under no liability for non-compliance before
seven days have elapsed since the service.

(4) Where an order is discharged, the employer shall be under no
liability in consequence of his treating the order as still in
force at any time before the expiration of seven days from the
date on which notice of the discharging order is served on him.

(5) Rules may make provision as to circumstances in which an
attachment of earnings order may be varied or discharged by the
Office of its own motion.

(6) Where an attachment of earnings order has been made and the
person to whom it is directed ceases to have the debtor in his
employment, the order shall lapse (except as respects deduction from
earnings paid after the cesser and payment to the Office of amounts
deducted at any time) and be of no effect unless and until the
Office revives it by again directing it to a person (whether the
same as before or another) who appears to the Office to have the
debtor in his employment.

(7) The lapse of an order under subsection (6) shall not prevent
its being treated as remaining in force for other purposes.

(8) Where the whole amount recoverable on foot of the relevant
judgment has been paid the Office shall give notice to the employer
that no further compliance with the attachment of earnings order is
required.][

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 77
Statement of earnings, etc.

77.(1) Where an attachment of earnings order is about to be made
or revived the Office may at any time before making or reviving
the order

(a)direct the debtor to furnish within a specified period a
statement signed by him of

(i)the name and address of any person by whom earnings are paid to
him;

(ii)specified particulars of his earnings and anticipated earnings and
of his resources and needs (including the needs of any person for
whom he must, or reasonably may, provide);

<(iii)specified particulars of any matters which are, or may be relevant under section 73(6) to the determination of the normal deduction rate and the protected earnings rate to be specified in the order;

<(iv)specified particulars for the purpose of enabling the debtor to be identified by any employer of his;

(b)direct any person appearing to the Office to be an employer of
the debtor to furnish within a specified period a statement signed
by him or on his behalf of specified particulars of the debtor's
earnings and anticipated earnings.

(2) Where an attachment of earnings order has been made, the Office
may at any time while the order is in force give any direction it
is authorised by subsection (1)(a) or (b) to give.

(3) A document purporting to be a statement such as is mentioned
in subsection (1)(a) or (b) shall, in proceedings before the Office,
be received in evidence and be deemed to be such a statement
without further proof, unless the contrary is shown.][

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 77A
Obligation of debtor and his employers to notify changes of
employment and earnings.

77A. While an attachment of earnings order is in force

(a)the debtor shall notify the Office in writing of every occasion
on which he leaves any employment, or becomes employed or
re-employed, not later (in each case) than seven days from the date
on which he did so;

(b)the debtor shall, on any occasion when he becomes employed or
re-employed, include in his notification under paragraph (a)
particulars of his earnings and anticipated earnings from the
relevant employment; and

(c)any person who becomes the debtor's employer and knows that the
order is in force and that it was made by the Office shall,
within seven days of his becoming the debtor's employer or of
acquiring that knowledge (whichever is the later) notify the Office
in writing that he is the debtor's employer, and include in his
notification a statement of the debtor's earnings and anticipated
earnings.][

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 77B
Power of Office to determine whether particular payments are
earnings.

77B.(1) Where an attachment of earnings order is in force the
Office shall, on the application of either the employer or the
debtor, determine whether payments to the debtor of a particular
class or description specified by the application are earnings for
the purposes of the order; and the employer shall give effect to
any determination for the time being in force under this section.

(2) Where an application under this section is made by the
employer, he shall not incur any liability for non-compliance with
the order as respects any payments of the class or description
specified by the application which are made by him to the debtor
while the application is pending; but this subsection shall not,
unless the Office otherwise orders, apply as respects such payments
if the employer subsequently withdraws the application.][

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 77C
Meaning of ""earnings'' and ""employer''.

77C.(1) For the purposes of sections 73 to 77B, section 77D and
Schedule 1A, but subject to subsection (2), "earnings" are any sums
payable to a person

(a)by way of wages or salary (including any fees, bonus, commission,
overtime pay or other emoluments payable in addition to wages or
salary or payable under a contract of service);

(b)by way of pension (including an annuity in respect of past
services, whether or not rendered to the person paying the annuity,
and including periodical payments by way of compensation for the
loss, abolition or relinquishment, or diminution in the emoluments,
of any office or employment).

(2) The following shall not be treated as earnings

(a)sums payable by any public department of a territory outside the
United Kingdom;

(b)pay or allowances payable to the debtor as a member of Her
Majesty's forces;

(c)pension, allowances or benefit payable under any of the following
statutory provisions relating to social security

(i)the Family Income Supplements Act (Northern Ireland) 1971;

(ii)the Social Security (Northern Ireland) Acts 1975 to 1977;

<(iii)the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;

<(iv)the Child Benefit (Northern Ireland) Order 1975;

(v)the Supplementary Benefits (Northern Ireland) Order 1977;

(d)guaranteed minimum pension within the meaning of the Social
Security Pensions (Northern Ireland) Order 1975 provided by an
occupational pension scheme;

(e)pension or allowances payable in respect of disablement or
disability;

(f)wages such as are mentioned in section 11(1) of the Merchant
Shipping Act 1970 (wages due or accruing to a seaman employed in a
ship registered in the United Kingdom), other than wages payable to
a person as a seaman of a fishing vessel.

(3) In subsection (2)(f), expressions used in the Merchant Shipping
Act 1894 have the same meaning as in that Act.

(4) In sections 73 to 77B, section 77D and Schedule 1A "the
employer" means the person who is required by an attachment of
earnings order to make deductions from earnings paid by him to the
debtor.]

Power of courts to make attachment of earnings orders.

[

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 77D

77D.(1) An attachment of earnings order may be made

Para.(a) rep. by 1981 NI 6 art.147(3) sch.4

(b)by a court of summary jurisdiction for the enforcement of an
order such as is mentioned in section 110(9) of the Magistrates'
Courts Act (Northern Ireland) 1964 (maintenance orders, affiliation
orders and other orders for the periodical payment of money,
including some made by the High Court or in other jurisdictions)
[or of an order which is enforceable as if it were such an
order], including [any such order] which has been rescinded, revoked
or discharged, if any arrears are recoverable under it;

(c)by any court in circumstances (other than any involving default
in complying with orders referred to in paragraphs (a) and (b))
where the court has power to commit to prison under section 88 a
person who could have paid the amount due or recoverable on foot
of a judgment, or an instalment, but has refused or neglected to
do so (and the court may treat an application for an order of
committal under that section as an application for an attachment of
earnings order).

Subs.(2) rep. by 1981 NI 6 art.147(3) sch.4

(3) The provisions of sections 73 to 77C shall apply to an
attachment of earnings order made by a court as they apply to one
made by the Office, subject to the following modifications

(a)references in sections 73 to 77B to the Office shall be
construed as references to the court, except that

(i)in section 74(3) the reference to the Office shall not be so
construed;

(ii)in section 73(2)(b) the second reference to the Office, in
section 74(5) both such references and in section 76(6) the first
such reference shall be construed as references to, where the
attachment of earnings order is made by a court of summary
jurisdiction to enforce an order for the periodical payment of money
through a collecting officer, the collecting officer (as defined by
section 95(2) to (4) of the Magistrates' Courts Act (Northern
Ireland) 1964 or, as the case requires, as described in section
15(2) of the Maintenance and Affiliation Orders Act (Northern
Ireland) 1966), or where the order is made to enforce an order
registered under subsection (8) of section 27 of the Maintenance
Orders (Reciprocal Enforcement) Act 1972,the person prescribed under
subsection (9) of that section ("the prescribed person"), and in any
other case shall be construed as a reference to the person entitled
to the payments for which the order to be enforced provides;

<(iii)in sections 74(2) and 77A(a) the references to the Office, and in section 77A(c) the second reference to the Office, shall be construed as references to such officer of the court as may be prescribed by rules of court;

(b)for section 76(1) there shall be substituted the following
subsection

"(1) The court may make an order varying (including suspending or
reviving) or discharging an attachment of earnings order.";

(c)in sections 73(4) and 76(5) the references to rules shall be
construed as references to rules of court;

(d)where the attachment of earnings order is, or is to be, made to
secure payments under an order ("the original order") such as is
referred to in subsection (1)(a) or (b)

(i)references in sections 73 to 77B to the debtor and the creditor
shall be construed as references to, respectively, the person liable
to make payments under the original order ("the payer") and the
person entitled to those payments ("the payee");

(ii)the application under section 73(1) may be made by the payer
or, where appropriate, the collecting officer or prescribed person,
instead of by the payee, or the order may, with the consent of
the payer, be made by the court concurrently with the original
order, or with any order varying or reviving the original order,
without any application;

<(iii)the order shall not be made otherwise than on the application, or with the consent, of the payer unless it appears that the payer has failed to make one or more payments in accordance with the original order and that his failure is due to his wilful refusal or culpable neglect;

<(iv)sections 73(5), 76(8) and 77C(2)(f) shall not apply (and accordingly section 11(1)(a) of the Merchant Shipping Act 1970 (prohibition on attachment of certain seamen's wages) shall not apply);

(v)the normal deduction rate for the purposes of section 73(6)(a)

(A)shall be determined after taking account of any right or
liability of the payer to deduct income tax when making the
payments, and

(B)shall not exceed the rate which appears to the court necessary
for the purposes of securing payment of the sums falling due from
time to time under the original order and securing payment within a
reasonable period of any sums already due and unpaid under the
original order;

<(vi)any sums paid by the employer under the order shall be treated as sums paid by the payer.

(4) Where an attachment of earnings order has been made by a court
to secure the payment of any money

(a)no proceedings for committal or distress by reason of failure to
pay that money which were begun before the making of the order
shall be continued; and

(b)upon the making of an order of committal or the issue of a
warrant of distress in respect of money to which the attachment of
earnings order relates, that order shall cease to have effect.

(5) An attachment of earnings order made by a court to secure
payments under an order such as is referred to in subsection (1)(a)
or (b) shall cease to have effect

(a)upon the grant of an application for registration of the original
order in another court (whether the High Court or a court of
summary jurisdiction) under Part II of the Maintenance and
Affiliation Orders Act (Northern Ireland) 1966 (whether or not the
grant subsequently becomes void under section 11(2) of that Act);

(b)where the original order is registered under the said Part II,
upon the giving of notice with respect to it under section 14 of
that Act of 1966 with a view to cancellation of its registration;

(c)upon the rescission or revocation of the original order, or upon
its being discharged while it is not registered under the said Part
II, unless the court otherwise orders with a view to recovering
arrears under the original order;

(d)upon the original order ceasing to be registered in a court in
Northern Ireland, or becoming registered in a court in another part
of the United Kingdom, under Part II of the Maintenance Orders Act
1950.

(6) Where an attachment of earnings order ceases to have effect
under subsection (4)(b) or subsection (5), such officer of such
court as may be prescribed by rules of court shall give notice of
the cesser to the employer.

(7) Where an attachment of earnings order ceases to have effect
under subsection (4)(b) or subsection (5), section 76(4) shall apply
as it applies in a case where such an order is discharged.]

Ss.77E77L inserted by 1979 NI 3 art.18 sch.2, rep. by 1981 NI 6
art.147(3) sch.4

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 78
Effect of certificate of unenforceability.

78. The grant of a certificate of unenforceability under [Article 19
of the Judgments Enforcement (Northern Ireland) Order 1981] shall, in
relation to the debtor in respect of whom it is issued, be deemed
to be an act of bankruptcy or, where the debtor is a company, a
circumstance in which the company is [deemed to be] unable to pay
its debts; and accordingly ... residue, with Schedule 2, effects
amendments

Ss.7986 rep. by 1979 NI 3 art.35(3) sch.5; 1981 NI 6 art.147(3)
sch.4

Part VI A (s.86A) inserted (prosp.) by 1979 NI 3 art.19 sch.3,
rep. by 1981 NI 6 art.147(3) sch.4

Part VII (ss.8791) rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1981 NI
6 art.147(3) sch.4

Part VIII (ss.9296) rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1980 NI
4 art.44(2)(b) sch.3; 1981 NI 6 art.147(3) sch.4

Part IX (ss.97, 98) rep. by 1981 NI 6 art.147(3) sch.4

Ss.99101 rep. by 1981 NI 6 art.147(3) sch.4[

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 102
Offences in relation to attachment of earnings orders.

102.(1) Subject to subsections (4) and (5), a person commits an
offence if

(a)being required by section 74(1) or 76(3) to comply with an
attachment of earnings order, he fails to do so; or

(b)being required by section 74(2) to give a notice for the
purposes of that subsection, he fails to give it, or fails to give
it within the period required by that subsection; or

(c)he fails to comply with a direction under section77(1) or (2);
or

(d)he fails to comply with section 77A; or

(e)he gives a notice for the purposes of section 74(2), or a
notification for the purposes of section 77A, which he knows to be
false in a material particular, or recklessly gives such a notice
or notification which is false in a material particular; or

(f)in purported compliance with section 74(2) or (4)(b) or 77A, or
with a direction under section 77(1) or (2), he makes any statement
which he knows to be false in a material particular, or recklessly
makes any statement which is false in a material particular.

(2) Where a person commits an offence under subsection (1)

(a)he shall in any case on summary conviction be liable to a fine
not exceeding #100; or

Para.(b) rep. by 1981 NI 6 art.147(3) sch.4

(3) Where a person who has been convicted under subsection (2), or
on whom a fine ... has been imposed under that subsection otherwise
than following such a conviction, commits a second or subsequent
offence under the same provision of subsection (1) in relation to
the same provision of this Act (and in the case of an offence
under subsection (1)(a) in relation to the same attachment of
earnings order) subsection (2)(a) ... shall have effect as if the
reference therein ... to #100 were to #400.

(4) It shall be a defence

(a)for a person charged with an offence under subsection (1)(a) to
prove that he took all reasonable steps to comply with the
attachment of earnings order in question;

(b)for a person charged with an offence under subsection (1)(b) to
prove that he did not know, and could not reasonably be expected
to know,

(i)that the debtor was not in his employment, or (as the case may
be),

(ii)that the debtor had ceased to be in his employment,

(b)and that he gave the required notice as soon as reasonably
practicable after the fact came to his knowledge.

(5) It shall also be a defence for a person charged with an
offence under subsection (1)(b) of failing to give notice that the
debtor had ceased to be in his employment to prove that he had
had reasonable cause to believe that the Office, or, as the case
may be, the court had knowledge of the cesser.

(6) Where a person is convicted of or dealt with for an offence
under subsection (1)(a) the court ... may order him to pay to the
Office or, as the case requires, the collecting officer of the
court or the prescribed person (within the meaning of section
77D(3)(a)(ii)) or the creditor any sums deducted by that person from
the debtor's earnings and not already so paid.

Subs.(7) rep. by 1981 NI 6 art.147(3) sch.4

(8) ... any sum ordered by a court of summary jurisdiction to be
paid under subsection (6) shall be recoverable as a sum adjudged to
be paid on a conviction by that court.

Subs.(9) rep. by 1981 NI 6 art.147(3) sch.4

(10) In this section references to proceedings in a court are to
proceedings in which that court has power to make an attachment of
earnings order or has made such an order, and references to a
debtor or creditor include references to, respectively, the person
liable to make payments under an order such as is referred to in
section 77D(1)(a) or (b) or the person entitled to those payments.]

S.103, 103A rep. by 1981 NI 6 art.147(3) sch.4

Ss.104127 rep. by 1972 NI 16 art.63(3) sch.19 Pt.I; 1976 NI 13
art.14 sch.; 1978 c.23 s.122(2) sch.7 Pt.II; 1979 NI 3 art.35(3)
sch.5; 1981 NI 6 art.147(3) sch.4

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 128
Application to the Crown.

128.Subs.(1) rep. by SI 1981/233 art.1(3) sch.1

[(1A) Sections 73 to 77D and Schedule 1A bind the Crown, both in
right of the Government of Northern Ireland and in right of the
Government of the United Kingdom, to the extent necessary to enable
the enforcement of the duties imposed on chief officers by virtue
of section 75.]

Subs.(2)(3) rep. by SI 1981/233 art.1(3) sch.1

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 129
Interpretation.

129.(1) In this Act the expression

Definitions rep. by 1981 NI 6 art.147(3) sch.4

"attachment of earnings order" means an order under ... [section
77D];

Definitions rep. by 1981 NI 6 art.147(3) sch.4

"company" means

(a)any association of persons (whether incorporated or not) capable
of being wound up under the Companies Acts (Northern Ireland) 1960
and 1963; and

(b)except in Part VI, any other association of persons which is a
company to which Part X of the Companies Act (Northern Ireland)
1960 applies;

Definition rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1981 NI 6
art.147(3) sch.4

"creditor" ... means a person entitled to enforce a money judgment;

Definitions rep. by 1981 NI 6 art.147(3) sch.4

"debtor" ... means a person liable under a money judgment;

Definitions rep. by 1981 NI 6 art.147(3) sch.4

"judgment" includes a decree, order, award which has been made a
rule of court and dismiss made or given or having effect in
Northern Ireland;

Definitions rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1981 NI 6
art.147(3) sch.4

"the Office" has the meaning assigned to it by section 3(1);

Definitions rep. by 1978 c.23 s.122(2) sch.7 Pt.II; 1981 NI 6
art.147(3) sch.4

"rules of court", in relation to any court, means rules made by
the authority having for the time being power to make rules
regulating the procedure and practice of that court;

Definition rep. by 1981 NI 6 art.147(3) sch.4

"statutory provison" has the meaning assigned to it by section 1(f)
of the Interpretation Act (Northern Ireland) 1954;

Definition rep. by 1981 NI 6 art.147(3) sch.4

Subs.(2) rep. by 1981 NI 6 art.147(3) sch.4

S.130, with Schedule 4, effects amendments. Ss.131, 132 rep. by 1981
NI 6 art.147(3) sch.4

JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969 - SECT 133
Citation.

133.(1) This Act may be cited as the Judgments (Enforcement) Act
(Northern Ireland) 1969.

Subs.(2) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

Schedule 1 rep. by 1979 NI 3 art.35(3) sch.5

1. Paragraphs 2 to 6 have effect for defining and explaining, for
purposes of this Schedule, expressions used therein.

2. "Pay-day", in relation to earnings paid to a debtor, means an
occasion on which they are paid.

3. "Attachable earnings", in relation to a pay-day, are the earnings
which remain payable to the debtor on that day after deduction by
the employer of

(a)income tax;

(b)primary Class 1 contributions under Part I of the Social Security
(Northern Ireland) Act 1975;

(c)amounts deductible under any statutory provision, or in pursuance
of a request in writing by the debtor, for the purposes of a
superannuation scheme within the meaning of the Wages Councils Act
(Northern Ireland) 1945.

4. "Debtor" includes, in relation to the attachment of earnings to
enforce an order for the periodical payment of money, the person
liable to make payments under the order.

5. "Maintenance order" means an order such as is referred to in
paragraph (a) or (b) of section 77D(1).

6. On any pay-day

(a)"the normal deduction" is arrived at by applying the normal
deduction rate (as specified in the relevant attachment of earnings
order) with respect to the period since the last pay-day or, if it
is the first pay-day of the debtor's employment with the employer,
since the employment began; and

(b)"the protected earnings" are arrived at by applying the protected
earnings rate (as so specified) with respect to the said period.

7.(1) This paragraph applies where the attachment of earnings order
has been made

(a)by the Office, or

(b)by a court otherwise than to secure payments under a maintenance
order.

(2) The employer shall on any pay-day

(a)if the attachable earnings exceed the protected earnings, deduct
from the attachable earnings the amount of the excess or the normal
deduction, whichever is the less;

(b)make no deduction if the attachable earnings are equal to, or
less than, the protected earnings.

8.(1) This paragraph applies where the attachment of earnings order
has been made by a court to secure payments under a maintenance
order.

(2) If on a pay-day the attachable earnings exceed the sum of

(a)the protected earnings; and

(b)so much of any amount by which the attachable earnings on any
previous pay-day fell short of the protected earnings as has not
been made good by virtue of this sub-paragraph on another previous
pay-day,

(3) The said amount is the sum of

(a)the normal deduction; and

(b)so much of the normal deduction on any previous pay-day as was
not deducted on that day and has not been paid by virtue of this
sub-paragraph on any other previous pay-day.

(4) No deduction shall be made on any pay-day when the attachable
earnings are equal to, or less than, the protected earnings.]

Part II rep. by 1981 NI 6 art.147(3) sch.4

Schedule 2Amendments. Schedule 3 rep. by 1981 NI 6 art.147(3) sch.4.
Schedule 4Amendments. Schedules 5, 6 rep. by 1981 NI 6 art.147(3)
sch.4