Explanatory note
(This note is not part of the Regulations)
These Regulations further amend the Community Charges (Administration and Enforcement) Regulations 1989 ( “the 1989 Regulations”).
The amendments specified in regulations 4 and 6 to 8 relate to attachment of earnings orders made on or after 1st April 1992 by a charging authority to recover sums due to it under liability orders. The following changes are made—
the form of the attachment of earnings order is now prescribed (regulation 6 and Schedule 1);
the rate at which deductions under attachment of earnings orders maybe made is now expressed as a percentage of the debtor’s net earnings; the definitions of “earnings” and “net earnings” for these purposes are amended, with a consequential amendment to the requirements relating to the supply of information by debtors; and provision is made to take account of advances of pay and the repayment of loans (regulations 4, 7 and 8 and Schedule 2).
The amendment specified in regulation 5 has the effect of extending from two years to six years the time within which a charging authority may apply to a magistrates' court for a liability order in respect of a sum due to the authority under Part III of the 1989 Regulations.