Article 41 Amendments to the Attachment of Earnings Act 1971

(1)

Section 14^f1 (power of court to obtain statement of earnings etc) is amended as follows—

(2)

In subsection (1)—

(a)

after “power” insert “under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,”;

(b)

for “it” substitute “the court or the fines officer, as the case may be,”;

(c)

in paragraph (a) after “court” insert “or the fines officer, as the case may be”; and

(d)

in paragraph (b)—

(i)

after “appearing to the court” insert “or the fines officer, as the case may be,”; and

(ii)

for “give to the court,” substitute “give to the court or the fines officer, as the case may be,”.

(3)

In subsection (2)—

(a)

after “court” insert “or the fines officer, as the case may be,”; and

(b)

for “it” substitute “the court”.

(4)

In subsection (4), at the end add—

“This subsection does not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.”

(5)

In subsection (5)—

(a)

after “power” insert “under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,”; and

(b)

after “the court” insert “or the fines officer, as the case may be,”.

Annotations

f1: 1971 c. 32; section 14(2) was amended by the Administration of Justice Act 1982, section 53(1).