Attachment of Earnings Act 1971

Cases in which attachment is available

Courts with power to attach earnings

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• (1) The High Court may make an attachment of earnings order to secure payments under a High Court maintenance order.

• (1A) The family court may make an attachment of earnings order to secure payments under a High Court or family court maintenance order.

• (2) The county court may make an attachment of earnings order to secure—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the payment of a judgment debt, other than a debt of less than £5 or such other sum as may be prescribed by rules of court; or

• (c) payments under an administration order.

• (3) A magistrates’ court may make an attachment of earnings order to secure—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the payment of any sum required to be paid under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any power conferred by this Act to make an attachment of earnings order includes a power to make such an order to secure the discharge of liabilities arising before the coming into force of this Act.

Principal definitions

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In this Act—

• (a) “maintenance order” means any order , decision, settlement , arrangement or instrument specified in Schedule 1 to this Act and includes one which has been discharged or has otherwise ceased to operate if any arrears are recoverable thereunder;

• (b) “High Court maintenance order” and “family court maintenance order” mean respectively a maintenance order enforceable by the High Court and the family court;

• (c) “judgment debt” means a sum payable under—

• (i) a judgment or order enforceable by a court in England and Wales (not being a magistrates’ court);

• (ii) an order of a magistrates’ court for the payment of money recoverable summarily as a civil debt; or

• (iii) an order of any court which is enforceable as if it were for the payment of money so recoverable,

but does not include any sum payable under a maintenance order or an administration order;

• (d) “the relevant adjudication”, in relation to any payment secured or to be secured by an attachment of earnings order, means the conviction, judgment, order or other adjudication from which there arises the liability to make the payment; and

• (e) “the debtor”, in relation to an attachment of earnings order, or to proceedings in which a court has power to make an attachment of earnings order, or to proceedings arising out of such an order, means the person by whom payment is required by the relevant adjudication to be made.

Application for order and conditions of court's power to make it

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• (A1) This section shall not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.

• (1) The following persons may apply for an attachment of earnings order:—

• (a) the person to whom payment under the relevant adjudication is required to be made (whether directly or through any court or an officer of any court);

• (b) where the relevant adjudication is an administration order, any one of the creditors scheduled to the order;

• (c) without prejudice to paragraph (a) above, an officer of the family court if the application is to the family court for an order to secure maintenance payments and there is in force an order that those payments be made to the court or an officer of the court;

• (ca) without prejudice to paragraphs (a) and (c) above, an officer of the family court if the application is to the family court to secure payments under a maintenance order described in paragraphs 13, 14, 14A or 14B of Schedule 1 and those payments are to be made to the court;

• (d) in the following cases the debtor—

• (i) where the application is to a magistrates’ court;

or

• (ii) where the application is to the High Court or the family court for an order to secure maintenance payments.

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

• (3) Subject to subsection (3A) below for an attachment of earnings order to be made on the application of any person other than the debtor it must appear to the court that the debtor has failed to make one or more payments required by the relevant adjudication.

• (3A) Subsection (3) above shall not apply where the relevant adjudication is a maintenance order.

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where proceedings are brought—

• (a) in the High Court or the family court for the enforcement of a maintenance order by committal under section 5 of the Debtors Act 1869; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, . . ., the court may make an attachment of earnings order to secure payments under the maintenance order, instead of dealing with the case under section 5 of the said Act of 1869 ....

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where proceedings are brought in the county court for an order of committal under section 5 of the Debtors Act 1869 in respect of a judgment debt for any of the taxes, contributions premiums or liabilities specified in Schedule 2 to this Act, the court may, in any circumstances in which it has power to make such an order, make instead an attachment of earnings order to secure the payment of the judgment debt.

• (7) The county court shall not make an attachment of earnings order to secure the payment of a judgment debt if there is in force an order or warrant for the debtor’s committal, under section 5 of the Debtors Act 1869, in respect of that debt; but in any such case the court may discharge the order or warrant with a view to making an attachment of earnings order instead.

Administration orders in the county court

Extension of power to make administration order

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• (1) Where, on an application to the county court for an attachment of earnings order to secure the payment of a judgment debt, it appears to the court that the debtor also has other debts, the court—

• (a) shall consider whether the case may be one in which all the debtor’s liabilities should be dealt with together and that for that purpose an administration order should be made; and

• (b) if of opinion that it may be such a case, shall have power (whether or not it makes the attachment of earnings order applied for), with a view to making an administration order, to order the debtor to furnish to the court a list of all his creditors and the amounts which he owes to them respectively.

• (2) If, on receipt of the list referred to in subsection (1)(b) above, it appears to the court that the debtor’s whole indebtedness amounts to not more than the amount which for the time being is the county court limit for the purposes of section 112 of the County Courts Act 1984 (limit of total indebtedness governing county court’s power to make administration order on application of debtor), the court may make such an order in respect of the debtor’s estate.

• (2A) Subsection (2) above is subject to section 112(3) and (4) of the County Courts Act 1984 (which require that, before an administration order is made, notice is to be given to all the creditors and thereafter restricts the right of any creditor to institute bankruptcy proceedings).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Nothing in this section is to be taken as prejudicing any right of a debtor to apply, under section 112 of the County Courts Act 1984 for an administration order.

Attachment of earnings to secure payments under administration order

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• (1) Where the county court makes an administration order in respect of a debtor’s estate, it may also make an attachment of earnings order to secure the payments required by the administration order.

• (2) At any time when an administration order is in force the county court may (with or without an application) make an attachment of earnings order to secure the payments required by the administration order, if it appears to the court that the debtor has failed to make any such payment.

• (3) The power of the county court under this section to make an attachment of earnings order to secure the payments required by an administration order shall, where the debtor is already subject to an attachment of earnings order to secure the payment of a judgment debt, include power to direct that the last-mentioned order shall take effect (with or without variation under section 9 of this Act) as an order to secure the payments required by the administration order.

Consequences of attachment order

Effect and contents of order

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• (1) An attachment of earnings order shall be an order directed to a person who appears to the court , or as the case may be the fines officer, making the order to have the debtor in his employment and 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 3 to this Act; and

• (b) at such times as the order may require, or as the court , or where the order is made under Schedule 5 to the Courts Act 2003, as the court or the fines officer as the case may be, may allow, to pay the amounts deducted to the collecting officer of the court, as specified in the order.

• (2) For the purposes of this Act, the relationship of employer and employee shall be treated as subsisting between two persons if one of them as a principal and not as a servant or agent, pays to the other any sums defined as earnings by section 24 of this Act.

• (3) An attachment of earnings order shall contain prescribed particulars enabling the debtor to be identified by the employer.

• (4) Except where it is made to secure maintenance payments, the order shall specify the whole amount payable under the relevant adjudication (or so much of that amount as remains unpaid), including any relevant costs.

• (5) Subject to subsection (5A) below, 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 court thinks it reasonable for the debtor’s earnings to be applied to meeting his liability under the relevant adjudication; 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, the court thinks it reasonable that the earnings actually paid to him should not be reduced.

• (5A) If the order is made under Schedule 5 to the Courts Act 2003 then it shall specify the percentage deduction rate in accordance with fines collection regulations made under that Schedule.

• (6) In the case of an order made to secure payments under a maintenance order (not being an order for the payment of a lump sum), the normal deduction rate—

• (a) shall be determined after taking account of any right or liability of the debtor to deduct income tax when making the payments; and

• (b) shall not exceed the rate which appears to the court necessary for the purpose of—

• (i) securing payment of the sums falling due from time to time under the maintenance order, and

• (ii) securing payment within a reasonable period of any sums already due and unpaid under the maintenance order.

• (7) For the purposes of an attachment of earnings order, the collecting officer of the court shall be (subject to later variation of the order under section 9 of this Act)—

• (a) in the case of an order made by the High Court, either—

• (i) the proper officer of the High Court, or

• (ii) the appropriate officer of the family court or the county court if the order so specifies;

• (aa) in the case of an order made by the family court, the appropriate officer of that court;

• (b) in the case of an order made by the county court, the appropriate officer of that court; and

• (c) in the case of an order made by a magistrates’ court, the designated officer for that court or for another magistrates’ court specified in the order.

• (8) In subsection (7) above “appropriate officer” means an officer designated by the Lord Chancellor.

Compliance with order by employer

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• (1) Where an attachment of earnings order has been made, the employer shall, if he has been served with the order, comply with it; but he shall be under no liability for non-compliance before seven days have elapsed since the service.

• (2) Where a person is served with an attachment of earnings order directed to him and he has not the debtor in his employment, or the debtor subsequently ceases to be in his employment, he shall (in either case), within ten days from the date of service or, as the case may be, the cesser, give notice of that fact to the court.

• (3) Part II of Schedule 3 to this Act shall have effect with respect to the priority to be accorded as between two or more attachment of earnings orders directed to a person in respect of the same debtor.

• (4) On any occasion when the employer makes, in compliance with the order, a deduction from the debtor’s earnings—

• (a) he shall be entitled to deduct, in addition, five new pence, or such other sum as may be prescribed by order made by the Lord Chancellor, towards his clerical and administrative costs; and

• (b) he shall give to the debtor a statement in writing of the total amount of the deduction.

• (5) An order of the Lord Chancellor under subsection (4)(a) above—

• (a) may prescribe different sums in relation to different classes of cases;

• (b) may be varied or revoked by a subsequent order made under that paragraph; and

• (c) shall be made by statutory instrument subject to annulment by resolution of either House of Parliament.

Interrelation with alternative remedies open to creditor

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• (1) Where an attachment of earnings order has been made to secure maintenance payments, no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order.

• (2) Where the county court has made an attachment of earnings order to secure the payment of a judgment debt—

• (a) no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the debt begun before the making of the attachment of earnings order; and

• (b) so long as the order is in force, no execution for the recovery of the debt shall issue against any property of the debtor without the leave of the county court.

• (3) An attachment of earnings order made to secure maintenance payments shall cease to have effect upon the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the related maintenance order ....

• (4) An attachment of earnings order made to secure the payment of a judgment debt shall cease to have effect on the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the debt.

• (5) An attachment of earnings order made to secure—

• (a) any payment mentioned in section 1(3)(c) of this Act; or

• (b) the payment of any sum mentioned in paragraph 1 of Schedule 5 to the Courts Act 2003,

shall cease to have effect on the issue of a warrant committing the debtor to prison for default in making that payment.

Subsequent proceedings

Variation, lapse and discharge of orders

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• (1) The court , or where an attachment of earnings order is made under Schedule 5 to the Courts Act 2003, the court or the fines officer as the case may be, may make an order discharging or varying an attachment of earnings order.

• (2) Where an order is varied, the employer shall, if he has been served with notice of the variation, comply with the order as varied; but he shall be under no liablility for non-compliance before seven days have elapsed since the service.

• (3) Rules of court may make provision—

• (a) as to the circumstances in which an attachment of earnings order made under this Act may be varied or discharged by the court of its own motion;

• (aa) as to the circumstances in which an attachment of earnings order made under Schedule 5 to the Courts Act 2003 may be varied or discharged by the court or the fines officer of its or his own motion;

• (b) in the case of an attachment of earnings order made by a magistrates’ court, for enabling a single justice, on an application made by the debtor on the ground of a material change in his resources and needs since the order was made or last varied, to vary the order for a period of not more than four weeks by an increase of the protected earnings rate.

• (4) Where an attachment of earnings order has been made and the person to whom it is directed ceases to have the debtor in his employment, the order shall lapse (except as respects deduction from earnings paid after the cesser and payment to the collecting officer of amounts deducted at any time) and be of no effect unless and until the court , or where the order was made under Schedule 5 to the Courts Act 2003, unless and until the court or the fines officer as the case may be, again directs it to a person (whether the same as before or another) who appears to the court or the fines officer (as the case may be) to have the debtor in his employment.

• (5) The lapse of an order under subsection (4) above shall not prevent its being treated as remaining in force for other purposes.

Normal deduction rate to be reduced in certain cases

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• (1) The following provisions shall have effect, in the case of an attachment of earnings order made to secure maintenance payments, where it appears to the collecting officer of the court that—