Attachment of Earnings Act 1971

Changes over time for: Cross Heading: Cases in which attachment is available

Version Superseded: 01/04/2005

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Attachment of Earnings Act 1971, Cross Heading: Cases in which attachment is available is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Cases in which attachment is availableE+W

1 Courts with power to attach earnings.E+W

(1)The High Court may make an attachment of earnings order to secure payments under a High Court maintenance order.

(2)A county court may make an attachment of earnings order to secure—

(a)payments under a High Court or a county court maintenance order;

(b)the payment of a judgment debt, other than a debt of less than £5 or such other sum as may be prescribed by county court rules; or

(c)payments under an administration order.

(3)A magistrates’ court may make an attachment of earnings order to secure—

(a)payments under a magistrates’ court maintenance order;

(b)the payment of any sum adjudged to be paid by a conviction or treated (by any enactment relating to the collection and enforcement of fines, costs, compensation or forfeited recognisances) as so adjudged to be paid; or

(c)the payment of any sum required to be paid by an [F1order under section 17(2) of the Access to Justice Act 1999].

(4)The following provisions of this Act apply, except where otherwise stated, to attachment of earnings orders made, or to be made, by any court.

(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.

Textual Amendments

F1Words in s. 1(3)(c) substituted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 8 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

Valid from 03/07/2006

[F21AOrders to which this Act appliesE+W

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.]

Textual Amendments

F2S. 1A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 36

2 Principal definitions.E+W

In this Act—

(a)“maintenance order” means any order specified in Schedule 1 to this Act and includes such an order which has been discharged if any arrears are recoverable thereunder;

(b)“High Court maintenance order”, “county court maintenance order” and “magistrates’ court maintenance order” mean respectively a maintenance order enforceable by the High Court, a county court and a magistrates’ court;

(c)“judgment debt” means a sum payable under—

(i)a judgment or order enforceable by a court in England and Wales (not being a magistrates’ court);

(ii)an order of a magistrates’ court for the payment of money recoverable summarily as a civil debt; or

(iii)an order of any court which is enforceable as if it were for the payment of money so recoverable,

but does not include any sum payable under a maintenance order or an administration order;

(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.

3 Application for order and conditions of court’s power to make it.E+W

(1)The following persons may apply for an attachment of earnings order:—

(a)the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court);

(b)where the relevant adjudication is an administration order, any one of the creditors scheduled to the order;

(c)without prejudice to paragraph (a) above, where the application is to a magistrates’ court for an order to secure maintenance payments, and there is in force an order under [F3[F4section 59] of the Magistrates’ Courts Act 1980], or section 19(2) of the M1Maintenance Orders Act 1950, that those payments be made to [F5a justices’ chief executive, that justices’ chief executive];

(d)in the following cases the debtor—

(i)where the application is to a magistrates’ court;

(ii)where the application is to the High Court or a county court for an order to secure maintenance payments.

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F7Subject to subsection ( 3A) below] for an attachment of earnings order to be made on the application of any person other than the debtor it must appear to the court that the debtor has failed to make one or more payments required by the relevant adjudication.

[F8(3A)Subsection (3) above shall not apply where the relevant adjudication is a maintenance order.]

[F9(3B)Where—

(a)a magistrates’ court imposes a fine on a person in respect of an offence, and

(b)that person consents to an order being made under this subsection,

the court may at the time it imposes the fine, and without the need for an application, make an attachment of earnings order to secure the payment of the fine.

(3C)Where—

(a)a magistrates’ court makes in the case of a person convicted of an offence an order under [F10section 130 of the Powers of Criminal Courts (Sentencing) Act 2000]] (a compensation order) requiring him to pay compensation or to make other payments, and

(b)that person consents to an order being made under this subsection,

the court may at the time it makes the compensation order, and without the need for an application, make an attachment of earnings order to secure the payment of the compensation or other payments.

(4)Where proceedings are brought—

(a)in the High Court or a county court for the enforcement of a maintenance order by committal under section 5 of the M2Debtors Act 1869; or

(b)in a magistrates’ court for the enforcement of a maintenance order under [F11section 76 of the Magistrates’ Courts Act 1980](distress or committal),

then, F12. . ., the court may make an attachment of earnings order to secure payments under the maintenance order, instead of dealing with the case under section 5 of the M3said Act of 1869 or, as the case may be, [F11section 76 of the said Act of 1980].

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where proceedings are brought in a county court for an order of committal under section 5 of the M4Debtors Act 1869 in respect of a judgment debt for any of the taxes, contributions [F14premiums] or liabilities specified in Schedule 2 to this Act, the court may, in any circumstances in which it has power to make such an order, make instead an attachment of earnings order to secure the payment of the judgment debt.

(7)A county court shall not make an attachment of earnings order to secure the payment of a judgment debt if there is in force an order or warrant for the debtor’s committal, under section 5 of the M5Debtors Act 1869, in respect of that debt; but in any such case the court may discharge the order or warrant with a view to making an attachment of earnings order instead.

Textual Amendments

F3Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(a)

F4Words in s. 3(1)(c) substituted (1.4.1992) by Maintenance Enforcement 1991 (c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 1(1); S.I. 1992/455, art. 2

F5Words in s. 3(1)(c) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 65 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F6S. 3(2) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(2), Sch. 3; S.I. 1992/455, art. 2

F7Words in s. 3(3) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(2), Sch. 2 para. 1(3); S.I. 1992/455, art. 2

F8S. 3(3A) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(2), Sch. 2 para. 1(4); S.I. 1992/455, art. 2

F9S. 3(3B)(3C) inserted (4.7.1996 with application as mentioned in s. 53(2)(3)) by 1996 c. 25, s. 53(1) (with s. 78(1))

F10Words in s. 3(3C)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 44

F11Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 97(b)

F12Words in s. 3(4) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(5), Sch. 3; S.I. 1992/455, art. 2

F13S. 3(5) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(1)(2), Sch. 2 para. 1(6), Sch. 3; S.I. 1992/455, art. 2