Regulation 37 Making of attachment of earnings orderI1

England and Wales

C1(1)

Where a liability order has been made and the debtor against whom it was made is an individual, F1the authority which applied for the order may, subject to paragraph (4), make an order under this regulation to secure the payment of F2the appropriate amount.

F3(1A)

For the purposes of this regulation the appropriate amount is the aggregate of—

(a)

any outstanding sum which is or forms part of the amount in respect of which the liability order was madeF4.

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

An order under this regulation—

(a)

shall be in the form specifed in (and accordingly contain the matters specified in) Schedule 3; and

(b)

shall remain in force until discharged under regulation 41(2) or the whole amount to which it relates has been paid (whether by attachment of earnings or otherwise).

(3)

The authority may serve a copy of the order on a person who appears to the authority to have the debtor in his employment; and a person on whom it is so served who has the debtor in his employment shall comply with it.

F6(4)

No order may be made under this regulation by an authority if the effect would be that the number of orders for the time being in force made by that authority in relation to the debtor in question exceeded two.

Annotations

Textual amendments

F1: Words in reg. 37(1) substituted (1.10.1998) by The Council Tax (Administration and Enforcement) (Amendment) Regulations 1998 (S.I. 1998/295), regs. 1(b), 4(1)
F2: Words in reg. 37(1) substituted (W.) (18.3.2004) by The Council Tax (Administration and Enforcement) (Amendment) (Wales) Regulations 2004 (S.I. 2004/785), regs. 1(3), 6(a) and substituted (E.) (22.4.2004) by The Council Tax (Administration and Enforcement) (Amendment) (England) Regulations 2004 (S.I. 2004/927), regs. 1(3), 6(a)
F3: Reg. 37(1A) inserted (W.) (18.3.2004) by The Council Tax (Administration and Enforcement) (Amendment) (Wales) Regulations 2004 (S.I. 2004/785), regs. 1(3), 6(b) and inserted (E.) (22.4.2004) by The Council Tax (Administration and Enforcement) (Amendment) (England) Regulations 2004 (S.I. 2004/927), regs. 1(3), 6(b)
F4: Reg. 37(1A)(a): full stop substituted for word (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 3(b)(i) (with arts. 3, 4)
F5: Reg. 37(1A)(b) omitted (6.4.2014) by virtue of The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 3(b)(ii) (with arts. 3, 4)
F6: Reg. 37(4) inserted (1.10.1998) by The Council Tax (Administration and Enforcement) (Amendment) Regulations 1998 (S.I. 1998/295), regs. 1(b), 4(2)

Modifications

C1: Reg. 37(1) applied (1.4.1995) by The Local Government Changes for England (Community Charge and Council Tax, Administration and Enforcement) Regulations 1995 (S.I. 1995/247), regs. 1, 21

Commencement

I1: Reg. 37 in force at 1.4.1992, see reg. 1(1)