Article 11 Amendments to Schedule 5 to the Courts Act 2003

After paragraph 7 insert—

“Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

7A.

(1)

This paragraph applies if the sum due consists of or includes a sum required to be paid by a compensation order.

(2)

The relevant court must make an attachment of earnings order if it appears to the court—

(a)

that P is in employment, and

(b)

that it is not impracticable or inappropriate to make the order.

(3)

The relevant court must make an application for benefit deductions if it appears to the court—

(a)

that P is entitled to a relevant benefit, and

(b)

that it is not impracticable or inappropriate to make the application.

(4)

If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.”