Administration of Justice Act 1970

• (2) The power of the High Court to make declarations and orders for the purposes of section 18(5) of the Act (charging order for solicitor’s costs) shall be exercisable in the case of an arbitration by a judge-arbitrator or judge-umpire as in the case of any other arbitration, but shall in any such case be exercisable also by the judge-arbitrator or judge-umpire himself.

• (3) A declaration or order made by an arbitrator or umpire in the exercise of the power conferred by the last foregoing subparagraph shall be made by him in his capacity as judge of the High Court and have effect as if made by that court.

8

• (1) Section 19 of the Act (power of the High Court to order delivery of award on payment of arbitrators’fees into court) shall not apply with respect to the award of a judge-arbitrator or judge-umpire.

• (2) A judge-umpire may withhold his award until the fees payable to the arbitrators have been paid into the High Court.

• (3) Arbitrators’fees paid into court under this paragraph shall be paid out in accordance with rules of court, subject to the right of any party to the reference to apply (in accordance with the rules) for any fee to be taxed, not being a fee which has been fixed by written agreement between him and the arbitrator.

• (4) A taxation under this paragraph may be reviewed in the same manner as a taxation of the costs of an award.

• (5) On a taxation under this paragraph, or on a reveiw thereof, an arbitrator shall be entitled to appear and be heard.

9

• (1) In sections . . . , 22 and 23 of the Act (special case, remission and setting aside of awards, etc.), in their application to a judge-arbitrator or judge-umpire, and to a reference to him and to his award thereon, the Court of Appeal shall be substituted for the High Court.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

• (1) Section 24(2) of the Act (removal of issue of fraud for trial in the High Court) shall not apply to an agreement under or by virtue of which a judge-arbitrator or judge-umpire has been appointed; nor shall leave be given by the High Court under that subsection to revoke the authority of a judge-arbitrator or judge-umpire.

• (2) Where, on a reference of a dispute to a judge-arbitrator or judge-umpire, it appears to the judge that the dispute involves the question whether a party to the dispute has been guilty of fraud, he may, so far as may be necessary to enable that question to be determined by the High Court, order that the agreement by or by virtue of which he was appointed shall cease to have effect and revoke his authority as arbitrator or umpire.

• (3) An order made by a judge-arbitrator or judge-umpire under this paragraph shall have effect as if made by the High Court.

11

Section 25 of the Act (powers of court on removal of arbitrator or revocation of arbitration agreement) shall be amended as follows:—

• (a) after the words “the High Court” where they first occur in subsection (1), where they occur for the first and second time in subsection (2), and in subsections (3) and (4), there shall be inserted the words “or the Court of Appeal”; and

• (b) after those words where they occur for the second time in subsection (1) and for the third time in subsection (2) there shall be inserted the words “or the Court of Appeal, as the case may be”.

12

The leave required by section 26 of the Act (enforcement in High Court) for an award on an arbitration agreement to be enforced as mentioned in that section may, in the case of an award by a judge-arbitrator or a judge-umpire, be given by the judge-arbitrator or judge-umpire himself.

SCHEDULE 4

1

Income tax or any other tax or liability recoverable under section 65, 66 or 68 of the Taxes Management Act 1970.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Contributions equivalent premiums under Part III of the Pension Schemes Act 1993

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 5–7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART I — Scheme of Deductions

Preliminary definitions

1

The following three paragraphs have effect for defining and explaining, for purposes of this Schedule, expressions used therein.

2

" Pay-day ", in relation to earnings paid to a debtor, means an occasion on which they are paid.

3

" Attachable earnings", in relation to a pay-day, are the earnings which remain payable to the debtor on that day after deduction by the employer of—

• (a) income tax ;

• (b) contributions under any of the following enactments—

• the National Insurance Act 1965,

• the National Insurance (Industrial Injuries) Act 1965, or

• the National Health Service Contributions Act 1965 ;

• (c) amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme within the meaning of the Wages Councils Act 1959.

4

On any pay-day—

• (a) "the normal deduction" is arrived at by applying the normal deduction rate (as specified in the relevant attachment of earnings order) with respect to the period since the last pay-day or, if it is the first pay-day of the debtor's employment with the employer, since the employment began; and

• (b) " the protected earnings" are arrived at by applying the protected earnings rate (as so specified) with respect to the said period.

Employer's deduction (judgment debts and administration orders)

5

In the case of an attachment of earnings order made to secure the payment of a judgment debt or payments under an administration order, the employer shall on any pay-day—

• (a) if the attachable earnings exceed the protected earnings, educt from the attachable earnings the amount of the excess or the normal deduction rate, whichever is the less ;

• (b) make no deduction if the attachable earnings are equal to, or less than, the protected earnings.

Employer's deduction (other cases)

6

• (1) The following provision shall have effect in the case of an attachment of earnings order to which paragraph 5 above does not apply.

• (2) If on a pay-day the attachable earnings exceed the sum of—

• (a) the protected earnings ; and

• (b) so much of any amount by which the attachable earnings on any previous pay-day fell short of the protected earnings as has not been made good by virtue of this sub-paragraph on another previous pay-day,

then, in so far as the excess allows, the employer shall deduct from the attachable earnings the amount specified in the following sub-paragraph.

• (3) The said amount is the sum of—

• (a) the normal deduction ; and

• (b) so much of the normal deduction on any previous pay-day as was not deducted on that day and has not been paid by virtue of this sub-paragraph on any other previous pay-day.

• (4) No deduction shall be made on any pay-day when the attachable earnings are equal to, or less than, the protected earnings.

PART II — Priority as between Orders

7

Where the employer is required to comply with two or more attachment of earnings orders in respect of the same debtor, all or none of which orders are made to secure either the payment of judgment debts or payments under an administration order, then on any pay-day the employer shall, for the purpose of complying with Part I of this Schedule.—

• (a) deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with ;

• (b) deal with any later order as if the earnings to which it relates were the residue of the debtor's earnings after the making of any deduction to comply with any earlier order.

8

Where the employer is required to comply with two or more attachment of earnings orders, and one or more (but not all) of those orders are made to secure either the payment of judgment debts or payments under an administration order, then on any pay-day the employer shall, for the purpose of complying with Part I of this Schedule—

• (a) deal first with any order which is not made to secure the payment of a judgment debt or payments under an administration order, (complying with paragraph 7 above if there are two or more such orders); and

• (b) deal thereafter with any order which is made to secure the payment of a judgment debt or payments under an administration order as if the earnings to which it relates were the residue of the debtor's earnings after the making of any deduction to comply with an order having priority by virtue of sub-paragraph (a) of this paragraph ; and

• (c) if there are two or more orders to which sub-paragraph (b) of this paragraph applies, comply with paragraph 7 above in respect of those orders.

SCHEDULE 6

SCHEDULE 7

PART I — Amendments of Sections 9 and 20

1

In this Part of this Schedule " the Act" means the Maintenance Orders Act 1958.

2

In section 9(2) of the Act—

• (a) after " order " (where that word first occurs) insert " made to secure maintenance payments "; and

• (b) after " order " (where that word first occurs after paragraph (e)) insert " so made ".

3

In section 9(4) and (5) of the Act, for " defendant" (wherever that word occurs) substitute " debtor ".

4

In section 9(4) of the Act—

• (a) for the words from the beginning to " a county court" substitute " Where, in the case of an attachment of earnings order made by the High Court or a county court to secure maintenance payments, it appears to the collecting officer of the court ".

• (b) for the words from " which made that order " to the end of paragraph (ii) substitute " shall make the appropriate variation order, unless the debtor requests it to discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request ".

5

In section 9(5) of the Act—

• (a) for the words from the beginning to " a magistrates' court" substitute " Where, in the case of an attachment of earnings order made by a magistrates' court to secure maintenance payments, it appears to the collecting officer ".

• (b) for the words from " proceed under the following paragraph " to the end of the subsection substitute " discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request ".

6

In section 20 of the Act—

• (a) in subsection (1), after " anything in this Act" insert " or Part II of the Administration of Justice Act 1970 " and for paragraph (b) substitute—

(b) apply for an attachment of earnings order to secure payments under the maintenance order or (except as required by section 9(5) of this Act) an order discharging or varying such an attachment of earnings order ; or (c) apply for a determination under section 22 of the Administration of Justice Act 1970

;

• (b) at the beginning of subsection (2) insert " Subject to rules of court made by virtue of section 18(3)(c) of the Administration of Justice Act 1970 ".

• (c) in subsection (3), after " magistrates' court" (where those words occur for the second time) insert " to secure maintenance payments ".

• (d) for subsection (4)(a) substitute—

(a) the power to make an order in pursuance of a complaint by the debtor for an attachment of earnings order, or the discharge or variation of such an order, shall be deemed to be a power to make an order against the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court)

;

• (e) in subsection(4)(b), for " paragraph (b) of section seven of this Act " substitute " section 14(4)(b) of the Administration of Justice Act 1970 " and for " defendant " substitute " debtor " ; and

• (f) for subsection (5) substitute—

(5) An application to a magistrates' court for a determination under section 22 of the Administration of Justice Act 1970 shall be made by complaint; and on making a determination under that section a magistrates' court may in its discretion make such order as it thinks just and reasonable for the payment by any of the persons mentioned in subsection (2) of that section of the whole or any part of the costs of the determination (but subject to subsection (1)(ii) of this section); and costs ordered to be paid under this subsection shall— (a) in the case of costs to be paid by the debtor to the person in whose favour the attachment of earnings order in question was made, be deemed to be— (i) if the attachment of earnings order was made to secure maintenance payments, a sum due under the related maintenance order, and (ii) otherwise, a sum due to the clerk of the court; and (b) in any other case, be enforceable as a civil debt.

PART II — Sections 9 and 20 as amended

SCHEDULE 8

1

An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).

2

An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).

3

An order for maintenance or other payments to or in respect of a spouse or child being an order made, under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978.

4

An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

An order

• (a) made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989 or under paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014; or

• (b) made under . . . section 23 of the Ministry of Social Security Act 1966 . . . section 18 of the Supplementary Benefits Act 1976 or section 24 of the Social Security Act 1986 or section 106 of the Social Security Administration Act 1992 (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

An order to which section 16 of the Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.

9

A maintenance order within the meaning of the Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.

SCHEDULE 9

Part I — Cases where Payment Enforceable as on Summary Conviction

Costs awarded by magistrates

1

Where a magistrates’ court, on the summary trial of an information, makes an order as to costs to be paid by the accused to the prosecutor.

2

Where an appellant to the Crown Courtagainst conviction or sentence by a magistrates’ court abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.

Costs awarded by assizes and quarter sessions

3

Where a person appeals to the Crown Courtagainst conviction or sentence by a magistrates’ court, and the Crown Courtmakes an order as to costs to be paid by him.

4

Where a person is prosecuted or tried on indictment . . . before the Crown Courtand is convicted, and the court makes an order as to costs to be paid by him.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Costs awarded by Court of Appeal (criminal division) or House of Lords

6

Where the criminal division of the Court of Appeal makes an order as to costs to be paid by—

• (a) an appellant;

• (b) an applicant for leave to appeal to that court; or

• (c) in the case of an application for leave to appeal to the Supreme Court, an applicant who was the appellant before the criminal division.

7

Where the criminal division of the Court of Appeal or the House of Lords dismisses an application for leave to appeal to that House (being an application made by the person who was the appellant before the criminal division) and orders him to pay the whole or part of the costs of the application.

Criminal costs awarded by High Court

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous orders for costs, compensation, damages etc.

9

Where a court makes an order by virtue of regulations made under section 19(5) of the Prosecution of Offences Act 1985 for the payment of costs by an offender.

10

Where under Chapter 2 of Part 7 of the Sentencing Code a court orders the payment of compensation.

11

Where under section 11(2) of the Criminal Justice Act 1948 a court, on making a probation order or an order for conditional discharge, or on discharging an offender absolutely, orders the offender to pay damages for injury or compensation for loss.

12

Where under section 380 of the Sentencing Code a court orders any fine, . . . compensation or costs, or any sum awarded by way of satisfaction or compensation to be paid by the parent or guardian of a child or young person.

Part II — Cases where costs enforceable summarily as civil debt

Costs awarded by magistrates

13

Where a magistrates’ court makes an order as to costs to be paid by the prosecutor in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

14

Where an appellant to the Crown Court from a magistrates’ court (otherwise than against conviction or sentence) abandons his appeal and the magistrates’ court orders him to pay costs to the other party to the appeal.

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Costs awarded by assizes and quarter sessions

16

Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.

17–20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

Where a person is prosecuted or tried on indictment or inquisition before a court of assize or quarter sessions and is acquitted, and the court orders the prosecutor to pay the whole or part of the costs incurred in or about the defence.

19

Where a person is committed for trial and is not ultimately tried, and the court to which he is committed orders the prosecutor to pay to him the whole or part of the costs incurred in or about the defence.

20

Where the prosecutor is ordered by quarter sessions to pay costs, under powers exercisable by virtue of section 14(2) or (3) of the Costs in Criminal Cases Act 1952 (committal or appeal to quarter sessions under Vagrancy Act 1824).

Criminal costs awarded by High Court

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

General provisions as to enforcement

1

In this Schedule "collecting court" and "legal aid contribution order " have the same meaning as in section 43 of this Act.

2

The collecting court may, in relation to a legal aid contribution order, exercise the powers of section 63 of the Magistrates' Courts Act 1952 (power to dispense with immediate payment); and for the purposes of that section any provision made by the court which made the order as to time for payment, or payment by instalments, shall be treated as made by the collecting court.

3

Sections 74 (complaint for arrears), 75 (effect of committal on arrears) and 76 (power to remit arrears) of the Magistrates' Courts Act 1952 shall apply as if a legal aid contribution order were enforceable as an affiliation order.

4

Any costs awarded, under section 55 of the Magistrates' Courts Act 1952, on the hearing of a complaint for the enforcement of a legal aid contribution order shall be enforceable as a sum required to be paid by that order.

5

Sections 17 and 18 of the Maintenance Orders Act 1958 (not more than one committal for same arrears, and power to review committals) shall apply as if a legal aid contribution order were a maintenance order.

6

Section 68 of the Magistrates' Courts Act 1952 (application of money found on defaulter to satisfy sum adjudged) shall apply as if a legal aid contribution order were enforceable as an affiliation order.

Transfer of enforcement proceedings to different court

7

• (1) Where it appears to the collecting court that a person subject to a legal aid contribution order is residing in a petty sessions area other than that for which the court acts, the court may make a transfer order under this paragraph, that is to say an order making payment under the legal aid contribution order enforceable in that other petty sessions area (which area shall be specified in the transfer order).

• (2) As from the date of a transfer order under this paragraph the court which made the order shall cease to be the collecting court for the purposes of the legal aid contribution order and of section 43 of this Act and this Schedule and be replaced as such by a magistrates' court acting for the petty sessions area specified in the transfer order.

Schedule 11

Redistribution of business among divisions of the High Court.

38A

This Part of this Act shall not apply to a mortgage securing an agreement which is a regulated agreement within the meaning of the Consumer Credit Act 1974.

44A

• (1) Where a judgment is given for a sum expressed in a currency other than sterling and the judgment debt is one to which section 17 of the Judgments Act 1838 applies, the court may order that the interest rate applicable to the debt shall be such rate as the court thinks fit.

• (2) Where the court makes such an order, section 17 of the Judgments Act 1838 shall have effect in relation to the judgment debt as if the rate specified in the order were substituted for the rate specified in that section.

The Administration of Estates Act 1925 (c.23)

References to Probate Division and its President

Other amendments in Parts I to V

Amendments of references in Part VII to principal probate registry and registrar

The County Courts Act 1959 (c.22)

3A

Class 1, 2 and 4 contributions under Part I of the Social Security Contributions and Benefits Act 1992.

2A

An order for periodical or other payments made, or having effect as if made, under Pt. II of the Matrimonial Causes Act 1973.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

A maintenance order within the meaning of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in the family court under the said Part I.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.

15

An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.

1A

Where a magistrates’ court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

4A

Where the Crown Court makes an order as to costs to be paid by the accused in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

Where under section 5 of the Isle of Wight County Council Act 1971 a court adjudges a person to pay a sum of money in respect of extra expenses incurred by reason of the holding of an assembly or breach of a term or condition imposed under that section.

Costs awarded by Court of Appeal (criminal division)

16A

Where the criminal division of the Court of Appeal makes an order as to costs to be paid by the respondent or, in the case of an application for leave to appeal to the Supreme Court, an applicant who was the respondent before the criminal division, and does so in exercise of any power in that behalf conferred by regulations made under section 19(1) of the Prosecution of Offences Act 1985.

SCHEDULE 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes