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Article 73 Attachment of earnings order

(1)

Without prejudice to Article 81(2) and (3), where it appears to the Office that a debtor is a person to whom earnings fall to be paid, the Office may, on the application of the creditor, make an attachment of earnings order requiring the person to whom the order is directed to make out of those earnings, or part thereof, such payments as may be specified in the order.

(2)

The person to whom an attachment of earnings order is directed shall be a person who appears to the Office to have the debtor in his employment; and the order shall operate as an instruction to that person—

(a)

to make periodical deductions from the debtor's earnings in accordance with Part I of Schedule 1; and

(b)

at such times as the order may require, or as the Office may allow, to pay the amounts deducted to the Office, as specified in the order.

(3)

An attachment of earnings order shall contain particulars prescribed by rules enabling the debtor to be identified by the employer.

(4)

The order shall specify the whole amount recoverable on foot of the relevant judgment (or so much of that amount as remains unpaid).

(5)

The order shall specify—

(a)

the normal deduction rate, that is to say, the rate (expressed as a sum of money per week, month or other period) at which the Office thinks it reasonable for the debtor's earnings to be applied to meeting his liability under the relevant judgment; and

(b)

the protected earnings rate, that is to say the rate (so expressed) below which, having regard to the debtor's resources and needs (including the needs of any person for whom he must, or reasonably may, provide), the Office thinks it reasonable that the earnings actually paid to him should not be reduced.