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Judgments Enforcement (Northern Ireland) Order 1981
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[F1[F2Clerical and administrative costs of garnishees]N.I.
72A.—[F2(1) Where an order made in the exercise of the jurisdiction mentioned in Article 72(2) is served on any deposit‐taking institution, the institution may, subject to the provisions of this Article, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards the clerical and administrative costs of the institution in complying with the order.
(1A) In paragraph (1) “the relevant debt or debts”, in relation to an order served on any such institution as is mentioned in that paragraph, means the amount, as at the time the order is served on the institution, of the debt or debts of which the whole or a part is expressed to be attached by the order.
(1B) A deduction may be made under paragraph (1) in a case where the amount referred to in paragraph (1A) is insufficient to cover both the amount of the deduction and the amount of the judgement debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.]
(2) In this Article—
“deposit‐taking institution” has the meaning assigned to it by Article 72(6); and
“prescribed” means prescribed by an order made by the Lord Chancellor.
(3) Without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954, an order under this Article may prescribe sums differing according to the amount due under the judgement or order to be satisfied[F2 and may provide for this Article not to apply to deposit‐taking institutions of any prescribed description].
(4) Any such order shall be subject to [F3negative resolution].]
F3Words in art. 72A(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 126 (with arts. 28-31); S.I. 2010/977, art. 1(2)
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