Tribunals, Courts and Enforcement Act 2007

Prospective

Part 2 E+WConsequential amendments

Amendment of section 5: Securing payments under administration orderE+W

8E+WIn section 5(3) (power of county court to direct existing attachment of earnings order to secure administration order), for the words in brackets substitute “ (with the variation required by paragraph 11 of Schedule 3A and such other variations, if any, as the court thinks appropriate) ”.

Amendment of section 14: Power of court to obtain informationE+W

9E+WIn section 14(1) (power of court to order debtor and employer to provide specified information), for “an attachment of earnings order” substitute “ a Schedule 3 deductions order ”.

10E+WAfter section 14(1) insert—

“(1A)Where in any proceedings [F1the county court] has power to make a fixed deductions order, the court may order the debtor to give to the court, within a specified period, a statement signed by him of—

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

(b)specified particulars for enabling the debtor to be identified by any employer of his.”

11E+WIn section 14(2) (powers of court after attachment of earnings order has been made), for the words from “Where” to “in force—” substitute “ At any time when a Schedule 3 deductions order is in force, the court or the fines officer, as the case may be, may— ”.

12E+WAfter section 14(2) insert—

“(2A)At any time when a fixed deductions order is in force, the court may—

(a)make such an order as is described in subsection (1A) above; and

(b)order the debtor to attend before it on a day and at a time specified in the order to give the information described in subsection (1A) above.”

13E+WIn section 14(4) (rules of court about notice of application for attachment or earnings order), for the words from “give” to “the application.” substitute “ , within such period and in such manner as may be prescribed, give the court a statement in accordance with subsection (4A) or (4B). ”

14E+WAfter section 14(4) insert—

“(4A)In a case where the attachment of earnings order would, if made, be a Schedule 3 deductions order, the debtor must give a statement in writing of—

(a)the matters specified in subsection (1)(a) above, and

(b)any other prescribed matters which are, or may be, relevant under section 6 of this Act to the determination of the normal deduction rate and the protected earnings rate to be specified in any attachment of earnings order made on the application.

(4B)In a case where the attachment of earnings order would, if made, be a fixed deductions order, the debtor must give a statement in writing of the matters specified in subsection (1A) above.”

15E+WIn section 14(5) (certain statements in proceedings for making or varying etc attachment of earnings orders deemed to be evidence of facts stated), after “subsection (1)(a) or (b)” insert “ or (1A) ”.

Amendment of section 15: Obligation of debtor and employer to notify changesE+W

16(1)Section 15(1) is amended as follows.E+W

(2)In paragraph (b) (obligation to notify of court of earnings under new employment) at the beginning insert “ if the order is a Schedule 3 deductions order, ”.

(3)In paragraph (c) (obligation of employer to notify court of debtor's new employment and earnings) for “and include” insert “ and, if the order is a Schedule 3 deductions order, include ”.

Amendment of section 17: Consolidated attachment ordersE+W

17(1)Section 17(3) (rules of court made in connection with consolidated attachment orders) is amended as follows.E+W

(2)In paragraph (b) (rules relating to powers of court to which order etc transferred), after “vary” insert “ , suspend ”.

(3)In paragraph (e) (rules modifying or excluding statutory provisions), after “provisions of this Act” insert “ , the fixed deductions scheme ”.

18E+WAfter section 17(3) insert—

“(4)Section 6(1A) applies to a consolidated attachment order which [F2the county court] makes to secure the payment of two or more judgment debts even if, immediately before the order is made, one or more of those debts is secured by a Schedule 3 deductions order.”

Amendment of section 23: Enforcement provisionsE+W

19E+WSection 23 is amended as follows.

20E+WIn subsection (1) (failure of debtor to attend hearing)—

(a)for the words from “notice of an application” to “such an order” substitute “ relevant notice, ”;

(b)for “for any hearing of the application” substitute “ in the notice for any hearing, ”.

21E+WAfter subsection (1) insert—

“(1ZA)In subsection (1) “relevant notice” means any of the following—

(a)notice of an application to [F3the county court] to make, vary or suspend an attachment of earnings order;

(b)notice that [F3the county court] is, of its own motion, to consider making, varying or suspending an attachment of earnings order.”

22E+WIn subsection (2)(c) and (f) (offences related to attachment of earnings orders)—

(a)after “section 14(1)” insert “ or (1A) ”.

(b)after “attachment of earnings order” insert “ or suspension order ”.