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Judgments Enforcement (Northern Ireland) Order 1981

1981/226 · Made 18 February 1981 · Extends to Northern Ireland

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 7 April 2026.

See the changes not yet applied
ProvisionChangeMade by
art. 116modifiedImmigration Act 2014 s. 31(5)(b)
art. 116modified by 1971 c. 77, Sch. 2 para. 28E(5) (as inserted)Immigration Act 2016 Sch. 13
art. 116modifiedTerrorism (Protection of Premises) Act 2025 s. 23(4)(b)

18th February 1981 C2C3C4

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

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2General interpretation
  4. 3Interpretation (attachment of earnings)
  5. 4Judgments to which this Order applies
  6. 5Power to apply Order to other judgments
  7. 6Judgments to which this Order does not apply
  8. Part II: THE ENFORCEMENT OF JUDGMENTS OFFICE
  9. 7The Enforcement of Judgments Office
  10. 8Exercise of functions of Office
  11. 9Seal of Office
  12. 10Records of Office
  13. Part III: JURISDICTION OF ENFORCEMENT OF JUDGMENTS OFFICE
  14. 11General jurisdiction of Office
  15. 12Limitations on jurisdiction of Office
  16. 13Power of Office to make orders, etc.
  17. 14Stay of enforcement in cases of insolvency
  18. 15Effect of orders made by Office
  19. 16Methods of enforcement by Office
  20. 17Limitation on enforcement
  21. 18Notice of unenforceability
  22. 19Certificate of unenforceability
  23. 20Effect of certificate of unenforceability
  24. 21Setting aside of certificate of unenforceability
  25. Part IV: COMMENCEMENT OF ENFORCEMENT
  26. Chapter: Applications
  27. 22Application for enforcement
  28. 23Preliminary application for custody warrant and report
  29. 24Priority of applications
  30. Chapter: Custody of goods
  31. 25Taking custody of goods under a money judgment
  32. Chapter: Examination of debtor and witnesses
  33. 26Examination of debtor following service of custody warrant
  34. 27Examination of debtor as to his means
  35. 28Examination of third parties as to means, etc., of debtor
  36. 29Provisions consequent on execution of warrant of arrest
  37. Part V: ENFORCEMENT ORDERS
  38. Chapter: Payment by instalments
  39. 30Instalment order
  40. Chapter: Seizure and sale of goods
  41. 31Order of seizure
  42. 32Property which may be seized
  43. 33Property exempt from seizure
  44. 34Effect of order of seizure
  45. 35Power to defer removal of property seized
  46. 36Where seizure may be effected
  47. 37Cesser of effect of order of seizure
  48. 38Power of entry under order of seizure
  49. 39Special provisions as to bills of exchange, policies of assurance, etc.
  50. 40Sale of property seized
  51. 41Title to property sold under order of seizure
  52. 42Retention of proceeds of sale
  53. 43Authorisation of seizure, in certain cases, on service of custody warrant
  54. 44Interpleader
  55. Chapter: Enforcement against land
  56. 45Restrictions on enforcement of money judgments against land
  57. 46Order charging land
  58. 47Duration of order charging land
  59. 48Registration of notice of order charging registered land
  60. 49Effect of order charging land
  61. 50Registration of charge against land
  62. 51Charges in respect of rates
  63. 52Order charging land to confer power of sale, etc.
  64. 53Order for delivery of possession of land
  65. 54Notice of eviction; removal of goods to place of safety; notice to Health and Social Care trust
  66. 55Release of goods removed
  67. 56Wrongful delivery of possession of land
  68. Chapter: Delivery of goods
  69. 57Order for delivery of goods
  70. Chapter: Enforcement against Government funds, stocks, etc.
  71. 58Order charging certain funds, stock, etc.
  72. 59Effect of order made under Article 58
  73. 60Vesting order leading to disposal of certain funds, stock, etc.
  74. Chapter: Enforcement against debentures
  75. 61Debenture order
  76. Chapter: Enforcement against funds in court
  77. 62Stop order in respect of funds in court, etc.
  78. 63Effect of stop order
  79. 64Stop order on money standing to credit of pending proceeding
  80. 65Power of court to discharge stop order or order sale or payment out
  81. Chapter: Enforcement against shares in private companies
  82. 66Restraining order
  83. Chapter: Appointment of receiver by way of enforcement
  84. 67Order appointing receiver by way of enforcement
  85. 68Effect of order appointing receiver
  86. Chapter: Attachment of debts
  87. 69Attachment of debts order
  88. 70Liability of garnishee
  89. 71Effect of payment by garnishee
  90. 72Attachment of moneys in a bank or other deposit‐taking institution
  91. 72AClerical and administrative costs of garnishees
  92. Chapter: Attachment of earnings
  93. 73Attachment of earnings order
  94. 74Compliance with order by employer
  95. 75Persons employed under the Crown
  96. 76Variation, lapse, discharge and termination of orders
  97. 77Statement of earnings, etc.
  98. 78Obligation of debtor and his employers to notify changes of employment and earnings
  99. 79Power of Office to determine whether particular payments are earnings
  100. Part VI: MULTIPLE DEBT, INSOLVENCY AND WINDING-UP
  101. Chapter: Administration orders
  102. 80Power to make administration order on application of debtor
  103. 81Provisions for recovery of debts which may be made in, or in connection with, administration order
  104. 82Notice of order
  105. 83Schedule of debts
  106. 84Restriction of other remedies, where administration order made
  107. 85Appropriation of money paid under administration order
  108. 86Default of debtor
  109. 87Discharge of administration order
  110. 87AEffect of administration order on debt relief order
  111. 87BNotice of administration order ceasing to be in force
  112. Chapter: Bankruptcy and winding-up
  113. 88Effect of bankruptcy or winding-up on enforcement
  114. 89Completion of enforcement in relation to bankruptcy and winding-up
  115. 90Functions of Office as to proceeds of enforcement, etc.
  116. 91Retention by Office of money or property pending result of interpleader
  117. 92Charge in respect of costs and expenses of enforcement
  118. 93Special provisions as to charges on land
  119. 94Effect of bankruptcy and winding-up on certain orders
  120. Part VII: RECOVERY OF CERTAIN DEBTS WITHOUT JUDGMENT
  121. 95Procedure for recovery of certain admitted debts
  122. 96Power to treat debt as money judgment
  123. Part VIII: POWERS OF COURTS
  124. Chapter: Maintenance orders: means of payments
  125. 96AMaintenance orders in the High Court and certain county courts: means of payment
  126. Chapter: Attachment of earnings by order of court
  127. 97Interpretation of Articles 98 to 105
  128. 98Power of courts to make attachment of earnings orders
  129. 99Making of attachment of earnings order
  130. 100Compliance with order by employer
  131. 101Persons employed under the Crown
  132. 102Variation, lapse, discharge and termination of orders
  133. 103Statement of earnings, etc.
  134. 104Obligation of debtor and his employers to notify changes of employment and earnings
  135. 105Power of court to determine whether particular payments are earnings
  136. Chapter: Imprisonment for wilful default
  137. 106Limitation on arrest and imprisonment of debtors
  138. 107Committal for default
  139. 108Proof of means
  140. 109Discharge of debtor from custody
  141. 110Appeal from committal order
  142. Chapter: Sequestration and committal for contempt
  143. 111Sequestration order against individual in contempt
  144. 112Failure of individual to comply with sequestration order
  145. 113Sequestration order against company in contempt
  146. 114Referral to High Court of certain contempts of Office
  147. 115Committal for contempt in certain proceedings in court
  148. Part IX: REGISTRATION OF JUDGMENTS AND PENDING ACTIONS
  149. 116The register of judgments
  150. 117Registration of pending actions, etc.
  151. Part X: OFFENCES, PROSECUTIONS AND CIVIL LIABILITY
  152. 118Obstruction and personation of enforcement officers
  153. 119False applications: criminal and civil liability
  154. 120False answers
  155. 121Rescue of or interference with goods in custody of Office
  156. 122Offences in relation to attachment of earnings orders
  157. 123Misrepresentation by debt collectors
  158. 124Conduct of prosecutions
  159. Part XI: MISCELLANEOUS AND SUPPLEMENTARY
  160. 125Effect of imprisonment under Article 107 or 115
  161. 126Amount recoverable on foot of a judgment
  162. 127Interest
  163. 128Set-off of cross judgments
  164. 129Disposal of moneys recovered from debtor, etc.
  165. 130Entry of satisfaction
  166. 131Certificate of satisfaction
  167. 132Vacating of certain charges
  168. 133Functions of police
  169. 134Liability for official acts and omissions
  170. 135Liability of persons applying for enforcement
  171. 136Power of Office to require attendance of creditor
  172. 137Dilatory creditors
  173. 138Postponement of priority of application of dilatory, etc., creditor
  174. 139Execution of documents in name of debtor
  175. 140Appeals
  176. 141Judgment Enforcement Rules
  177. 142Financial provision
  178. 143Provisions as to distress
  179. 144Property in custody of Office exempt from distress
  180. 145Preservation of certain rights of re-entry
  181. 146Application to the Crown
  182. 147Amendments, transitional and saving provisions, etc., and repeals
  183. Schedule 1: DEDUCTIONS BY EMPLOYER UNDER ATTACHMENT OF EARNINGS ORDER
  184. Part I: DEDUCTIONS
  185. Chapter: Preliminary definitions
  186. 1Paragraph 1
  187. 2Paragraph 2
  188. 3Paragraph 3
  189. 4Paragraph 4
  190. 5Paragraph 5
  191. 6Paragraph 6
  192. Chapter: Employer's deduction
  193. 7Paragraph 7
  194. 8Paragraph 8
  195. Part II: PRIORITY AS BETWEEN ORDERS
  196. 9Paragraph 9
  197. 10Paragraph 10
  198. 11Paragraph 11
  199. Schedule Schedule
  200. Schedule 3: TRANSITIONAL AND SAVING PROVISIONS AND PROVISIONS FOR THE CONSTRUCTION OF CERTAIN EXPRESSIONS
  201. Part
  202. Chapter: Transitional and saving provisions
  203. 1Paragraph 1
  204. 2Paragraph 2
  205. 3Paragraph 3
  206. 4Paragraph 4
  207. 5Paragraph 5
  208. Chapter: Construction of certain expressions
  209. 6Paragraph 6
  210. Schedule Schedule