9ASuspension of fixed deductions orders

1

F1The county court must make an order suspending a fixed deductions order if the court is satisfied of either or both of the following—

a

that the fixed deductions order requires periodical deductions to be made at a rate which is not appropriate;

b

that the fixed deductions order requires periodical deductions to be made at times which are not appropriate.

2

The county court is to make the suspension order on the following terms—

a

if the condition in subsection (1)(a) is met: on terms specifying the rate at which the debtor must make repayments (whether higher or lower than the rate at which the order requires the deductions to be made);

b

if the condition in subsection (1)(b) is met: on terms specifying the times at which the debtor must make repayments;

c

if either or both conditions are met: on any additional terms that the court thinks appropriate.

3

If the employer is given notice of the suspension order, the employer must cease to make the deductions required by the fixed deductions order; but the employer is under no liability for non-compliance before seven days have elapsed since service of the notice.

4

F1The county court—

a

must revoke the suspension order if any of the terms of the suspension order are broken;

b

may revoke the suspension order in any other circumstances if the court thinks that it is appropriate to do so.

5

Rules of court may make provision as to the circumstances in which F1the county court may of its own motion—

a

make a suspension order; or

b

revoke a suspension order.

6

The suspension of a fixed deductions order under this section does not prevent the order from being treated as remaining in force subject to the provisions of this section.

7

This section is without prejudice to any other powers of a court to suspend attachment of earnings orders or to revoke the suspension of such orders.

8

In this section, in relation to a fixed deductions order, “repayments” means repayments of the judgment debt to which the order relates.