Judgments Enforcement (Northern Ireland) Order 1981
1981/226 · Made 18 February 1981 · Extends to Northern Ireland
Annotations to the whole text
Modifications
- C1
Order applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 3 paras. 2, 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 21(2)(b)(4))
- C2
Order applied (with mods.) (30.10.2006) by Traffic Management (Northern Ireland) Order 2005 (S.I. 2005/1964 (N.I. 14)), arts. 1(3), 15(5); S.R. 2006/347, art. 2, Sch.
- C3
Order applied (with modifications) by Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)), art. 35(b) (as substituted (prosp.) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 38(1), 41, Sch. 4 para. 1(12))
- C4
Order: functions of Lord Chancellor transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 35 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2General interpretation
- 3Interpretation (attachment of earnings)
- 4Judgments to which this Order applies
- 5Power to apply Order to other judgments
- 6Judgments to which this Order does not apply
- Part II: THE ENFORCEMENT OF JUDGMENTS OFFICE
- 7The Enforcement of Judgments Office
- 8Exercise of functions of Office
- 9Seal of Office
- 10Records of Office
- Part III: JURISDICTION OF ENFORCEMENT OF JUDGMENTS OFFICE
- 11General jurisdiction of Office
- 12Limitations on jurisdiction of Office
- 13Power of Office to make orders, etc.
- 14Stay of enforcement in cases of insolvency
- 15Effect of orders made by Office
- 16Methods of enforcement by Office
- 17Limitation on enforcement
- 18Notice of unenforceability
- 19Certificate of unenforceability
- 20Effect of certificate of unenforceability
- 21Setting aside of certificate of unenforceability
- Part IV: COMMENCEMENT OF ENFORCEMENT
- Chapter: Applications
- 22Application for enforcement
- 23Preliminary application for custody warrant and report
- 24Priority of applications
- Chapter: Custody of goods
- 25Taking custody of goods under a money judgment
- Chapter: Examination of debtor and witnesses
- 26Examination of debtor following service of custody warrant
- 27Examination of debtor as to his means
- 28Examination of third parties as to means, etc., of debtor
- 29Provisions consequent on execution of warrant of arrest
- Part V: ENFORCEMENT ORDERS
- Chapter: Payment by instalments
- 30Instalment order
- Chapter: Seizure and sale of goods
- 31Order of seizure
- 32Property which may be seized
- 33Property exempt from seizure
- 34Effect of order of seizure
- 35Power to defer removal of property seized
- 36Where seizure may be effected
- 37Cesser of effect of order of seizure
- 38Power of entry under order of seizure
- 39Special provisions as to bills of exchange, policies of assurance, etc.
- 40Sale of property seized
- 41Title to property sold under order of seizure
- 42Retention of proceeds of sale
- 43Authorisation of seizure, in certain cases, on service of custody warrant
- 44Interpleader
- Chapter: Enforcement against land
- 45Restrictions on enforcement of money judgments against land
- 46Order charging land
- 47Duration of order charging land
- 48Registration of notice of order charging registered land
- 49Effect of order charging land
- 50Registration of charge against land
- 51Charges in respect of rates
- 52Order charging land to confer power of sale, etc.
- 53Order for delivery of possession of land
- 54Notice of eviction; removal of goods to place of safety; notice to Health and Social Care trust
- 55Release of goods removed
- 56Wrongful delivery of possession of land
- Chapter: Delivery of goods
- 57Order for delivery of goods
- Chapter: Enforcement against Government funds, stocks, etc.
- 58Order charging certain funds, stock, etc.
- 59Effect of order made under Article 58
- 60Vesting order leading to disposal of certain funds, stock, etc.
- Chapter: Enforcement against debentures
- 61Debenture order
- Chapter: Enforcement against funds in court
- 62Stop order in respect of funds in court, etc.
- 63Effect of stop order
- 64Stop order on money standing to credit of pending proceeding
- 65Power of court to discharge stop order or order sale or payment out
- Chapter: Enforcement against shares in private companies
- 66Restraining order
- Chapter: Appointment of receiver by way of enforcement
- 67Order appointing receiver by way of enforcement
- 68Effect of order appointing receiver
- Chapter: Attachment of debts
- 69Attachment of debts order
- 70Liability of garnishee
- 71Effect of payment by garnishee
- 72Attachment of moneys in a bank or other deposit‐taking institution
- 72AClerical and administrative costs of garnishees
- Chapter: Attachment of earnings
- 73Attachment of earnings order
- 74Compliance with order by employer
- 75Persons employed under the Crown
- 76Variation, lapse, discharge and termination of orders
- 77Statement of earnings, etc.
- 78Obligation of debtor and his employers to notify changes of employment and earnings
- 79Power of Office to determine whether particular payments are earnings
- Part VI: MULTIPLE DEBT, INSOLVENCY AND WINDING-UP
- Chapter: Administration orders
- 80Power to make administration order on application of debtor
- 81Provisions for recovery of debts which may be made in, or in connection with, administration order
- 82Notice of order
- 83Schedule of debts
- 84Restriction of other remedies, where administration order made
- 85Appropriation of money paid under administration order
- 86Default of debtor
- 87Discharge of administration order
- 87AEffect of administration order on debt relief order
- 87BNotice of administration order ceasing to be in force
- Chapter: Bankruptcy and winding-up
- 88Effect of bankruptcy or winding-up on enforcement
- 89Completion of enforcement in relation to bankruptcy and winding-up
- 90Functions of Office as to proceeds of enforcement, etc.
- 91Retention by Office of money or property pending result of interpleader
- 92Charge in respect of costs and expenses of enforcement
- 93Special provisions as to charges on land
- 94Effect of bankruptcy and winding-up on certain orders
- Part VII: RECOVERY OF CERTAIN DEBTS WITHOUT JUDGMENT
- 95Procedure for recovery of certain admitted debts
- 96Power to treat debt as money judgment
- Part VIII: POWERS OF COURTS
- Chapter: Maintenance orders: means of payments
- 96AMaintenance orders in the High Court and certain county courts: means of payment
- Chapter: Attachment of earnings by order of court
- 97Interpretation of Articles 98 to 105
- 98Power of courts to make attachment of earnings orders
- 99Making of attachment of earnings order
- 100Compliance with order by employer
- 101Persons employed under the Crown
- 102Variation, lapse, discharge and termination of orders
- 103Statement of earnings, etc.
- 104Obligation of debtor and his employers to notify changes of employment and earnings
- 105Power of court to determine whether particular payments are earnings
- Chapter: Imprisonment for wilful default
- 106Limitation on arrest and imprisonment of debtors
- 107Committal for default
- 108Proof of means
- 109Discharge of debtor from custody
- 110Appeal from committal order
- Chapter: Sequestration and committal for contempt
- 111Sequestration order against individual in contempt
- 112Failure of individual to comply with sequestration order
- 113Sequestration order against company in contempt
- 114Referral to High Court of certain contempts of Office
- 115Committal for contempt in certain proceedings in court
- Part IX: REGISTRATION OF JUDGMENTS AND PENDING ACTIONS
- 116The register of judgments
- 117Registration of pending actions, etc.
- Part X: OFFENCES, PROSECUTIONS AND CIVIL LIABILITY
- 118Obstruction and personation of enforcement officers
- 119False applications: criminal and civil liability
- 120False answers
- 121Rescue of or interference with goods in custody of Office
- 122Offences in relation to attachment of earnings orders
- 123Misrepresentation by debt collectors
- 124Conduct of prosecutions
- Part XI: MISCELLANEOUS AND SUPPLEMENTARY
- 125Effect of imprisonment under Article 107 or 115
- 126Amount recoverable on foot of a judgment
- 127Interest
- 128Set-off of cross judgments
- 129Disposal of moneys recovered from debtor, etc.
- 130Entry of satisfaction
- 131Certificate of satisfaction
- 132Vacating of certain charges
- 133Functions of police
- 134Liability for official acts and omissions
- 135Liability of persons applying for enforcement
- 136Power of Office to require attendance of creditor
- 137Dilatory creditors
- 138Postponement of priority of application of dilatory, etc., creditor
- 139Execution of documents in name of debtor
- 140Appeals
- 141Judgment Enforcement Rules
- 142Financial provision
- 143Provisions as to distress
- 144Property in custody of Office exempt from distress
- 145Preservation of certain rights of re-entry
- 146Application to the Crown
- 147Amendments, transitional and saving provisions, etc., and repeals
- Schedule 1: DEDUCTIONS BY EMPLOYER UNDER ATTACHMENT OF EARNINGS ORDER
- Part I: DEDUCTIONS
- Chapter: Preliminary definitions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Chapter: Employer's deduction
- 7Paragraph 7
- 8Paragraph 8
- Part II: PRIORITY AS BETWEEN ORDERS
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule Schedule
- Schedule 3: TRANSITIONAL AND SAVING PROVISIONS AND PROVISIONS FOR THE CONSTRUCTION OF CERTAIN EXPRESSIONS
- Part
- Chapter: Transitional and saving provisions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Chapter: Construction of certain expressions
- 6Paragraph 6
- Schedule Schedule