PART IX
ENFORCEMENT OF MAINTENANCE ORDERS
Additional powers of court in attachment of earnings order proceedings
85. —(1) Where proceedings relating to an attachment of earnings order are brought in any court, the court may, either before or at the hearing —
(a) order the defendant to give to the court, within such period as may be specified by the order, a statement signed by him of —
(i) the name and address of his employer, or of each of his employers if he has more than one;
(ii) such particulars as to the defendant’s earnings as may be so specified; and
(iii) such prescribed particulars as may be so specified for the purpose of enabling the defendant to be identified by any employer of his; and
(b) order any person appearing to the court to be an employer of the defendant to give to the court, within such period as may be specified by the order, a statement signed by him or on his behalf of such particulars as may be specified by the order of all earnings of the defendant which fell to be paid by that person during such period as may be so specified.
(2) A document purporting to be such a statement as is mentioned in subsection (1) shall, in any such proceedings as are so mentioned, be received in evidence and be deemed to be such a statement without further proof unless the contrary is shown.
Obligation of defendant and employer to notify changes of employment and earnings
86. While an attachment of earnings order is in force —
(a) the defendant shall from time to time notify in writing the court which made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than 7 days from the date on which he did so;
(b) the defendant shall, on any occasion when he becomes employed or re-employed, include in his notification under paragraph (a) particulars of his earnings and anticipated earnings from the relevant employment; and
(c) any person who becomes the defendant’s employer and knows that the order is in force and by what court it was made shall, within 7 days of his becoming the defendant’s employer or of acquiring that knowledge (whichever is the later), notify that court in writing that he is the defendant’s employer, and include in his notification a statement of the defendant’s earnings and anticipated earnings.[26/80]
Power of court to determine what are earnings
87. —(1) The court by which an attachment of earnings order has been made shall, on the application of the person to whom the order is directed or of the defendant or of the person in whose favour the order was made, determine whether payments to the defendant of a particular class or description specified by the application are earnings for the purposes of that order; and the person to whom the order is directed shall be entitled to give effect to any determination for the time being in force under this subsection.
(2) A person to whom an attachment of earnings order is directed who makes an application under subsection (1) shall not incur any liability for failing to comply with the order as regards any payments of the class or description specified by the application which are made by him to the defendant while the application, or any appeal in consequence thereof, is pending.
(3) Subsection (2) shall not apply as regards such payments if that person subsequently withdraws the application or, as the case may be, abandons the appeal.
Payment of money under attachment of earnings order
88. —(1) The court to whom an employer pays any sum in pursuance of an attachment of earnings order shall pay that sum to the person entitled to receive payments under the related maintenance order as is specified by the attachment of earnings order.
(2) Any sums received by virtue of an attachment of earnings order by the court shall be deemed to be payments made by the defendant, so as to discharge first any sums for the time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date) and secondly any costs incurred in proceedings relating to the maintenance order which were payable by the defendant when the attachment of earnings order was made or last varied.
Earnings paid by Government or out of Consolidated Fund
89. —(1) In relation to earnings falling to be paid by the Government or out of the Consolidated Fund, the earnings shall be treated as falling to be paid by the chief officer for the time being of the department, office or other body concerned.
(2) If any question arises, in connection with any proceedings relating to an attachment of earnings order, as to what department, office or other body is concerned for the purposes of this section, or as to who for those purposes is the chief officer thereof, that question shall be referred to and determined by the Minister for Finance but that Minister shall not be under any obligation to consider a reference under this subsection unless it is made by a court.
(3) A document purporting to set out a determination of the Minister for Finance under subsection (2) and to be signed by an official of the Ministry of Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and deemed to contain an accurate statement of such a determination unless the contrary is shown.
Costs of proceedings
90. A court before which proceedings relating to an attachment of earnings order are brought may make such order as to costs as it thinks fit.
[30/96]
Penalties for non-compliance with attachment of earnings order and for giving false notice or statement
91. —(1) Any person who —
(a) fails to comply with section 84(1) or (4) or section 86, or an order of a court under section 85(1);
(b) gives such a notice as is mentioned in section 84(4) or a statement in pursuance of an order of a court under section 85(1), which notice or statement he knows to be false in a material particular; or
(c) recklessly gives such a notice or statement which is false in a material particular,
shall, subject to subsection (2), be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.[30/96]
(2) It shall be a defence for a person charged with failing to comply with section 84(1) to prove that he took all reasonable steps to comply with the attachment of earnings order to which the failure relates.