Enforcement of Maintenance
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976
Attachment of Earnings
Annotations
Modifications (not altering text):
C43
Application of Part extended with modifications (3.05.1993) by Criminal Justice Act 1993 (6/1993), s. 7(2)(b), commenced as per s. 14(2).
Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.
7.—(1) Subject to subsection (2), payments under a compensation order or an order under section 6 (8) shall be made, for transmission to the injured party concerned, to such District Court clerk as may be determined from time to time by the court which made the order.
(2) For the purposes of subsection (1) and of securing compliance with compensation orders and orders under section 6(8)— …
(b) Part III (which relates to attachment of earnings), and
…
of the Family Law (Maintenance of Spouses and Children) Act, 1976, shall apply to those orders with the following modifications and any other necessary modifications, that is to say: …
(ii) in the said Part III—
(I) in section 10—
(A) subparagraphs (i) and (ii) of subsection (1) (a) shall not apply,
(B) the reference to the District Court in subsection (1)(a)(iii)(I) shall be construed as a reference to a court, and
(C) in subsection (2), paragraph (a) shall be deleted and the following paragraph shall be substituted for paragraph (b):
“(b) in any other case, to the District Court clerk specified by the attachment of earnings order for transmission to the injured party concerned”,
(II) the references to an antecedent order shall be construed as references to a compensation order and an order under section 6(8),
(III) the references to the maintenance creditor shall be construed as references to the injured party, and
(IV) the references to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908, applies, to his parent or guardian,
…
F42[
Failure to make payments to be contempt of court.
9A.— (1) Subject to this section it shall be contempt of court for a maintenance debtor to fail to make a payment due under an antecedent order.
(2) As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.
(3) Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.
(4) A summons referred to in subsection (3) shall—
(a) be issued by the District Court clerk concerned,
(b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment,
(c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and
(d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.
(5) If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.
(6) A maintenance debtor arrested pursuant to a warrant issued under subsection (5) shall be brought as soon as practicable before the District Court.
(7) Where a maintenance debtor is arrested and brought before the District Court under subsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language—
(a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons,
(b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and
(c) that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.
(8) At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language—
(a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and
(b) unless the maintenance debtor has already been so informed under subsection (7), that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.
(9) On the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and—
(a) that the failure to make the payment concerned is due to—
(i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or
(ii) some other reason not attributable to any act or omission of the maintenance debtor,
the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing—
(I) to enable the outstanding payment to be made, or
(II) to enable an application to be made for an attachment of earnings order under section 10,
(b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.
(10) Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to—
(a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or
(b) some other reason not attributable to any act or omission of the maintenance debtor,
the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.
(11) Where a maintenance debtor to whom subsection (7) applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.
(12) In this section ‘financial circumstances’ means, in relation to a person—
(a) the amount of the person’s annual income,
(b) the aggregate value of all property (real and personal) belonging to the person,
(c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,
(d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and
(e) such other circumstances as the court considers appropriate.
(13) This section does not apply unless the antecedent order concerned was actually made by the District Court. ]
Annotations
Amendments:
F42
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 31, commenced on enactment.
F42[
Certificate of outstanding payments.
9B.— Where, pursuant to section 9, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.]
Annotations
Amendments:
F43
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 31, commenced on enactment.
Attachment of earnings order.
10.—(1) (a) On application—
(i) to the High Court by a person on whose application the High Court has made an antecedent order,
(ii) to the Circuit Court by a person on whose application the Circuit Court has made an antecedent order,
(iii) to the District Court—
(I) by a person on whose application the District Court has made an antecedent order, or
(II) by a District Court clerk to whom payments under an antecedent order are required to be made,
the Court to which the application is made (subsequently referred to in this section as “the Court”) may, to secure payments under the antecedent order, if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid, make an attachment of earnings order.
(b) References in this subsection to an antecedent order made by any Court include references to such an order made, varied or affirmed on appeal from that Court.
F44[(1A) (a) Where a court has made an antecedent order, it shall in the same proceedings, subject to subsection (3), make an attachment of earnings order in order to secure payments under the antecedent order if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid.
(b) References in this subsection to an antecedent order made by a court include references to such an order made, varied or affirmed on appeal from that court.]
(2) An attachment of earnings order shall be an order directed to a person who (at the time of the making of the order or at any time thereafter) has the maintenance debtor in his employment F45[or is a trustee (within the meaning of the Family Law Act, 1995) of a pension scheme (within the meaning aforesaid) under which the maintenance debtor is receiving periodical pension benefits] and shall operate as a direction to that person to make, at such times as may be specified in the order, periodical deductions of such amounts (specified in the order) as may be appropriate, having regard to the normal deduction rate and the protected earnings rate, from the maintenance debtor’s earnings and to pay the amounts deducted, at such times as the Court may order—
(a) in case the relevant antecedent order is an enforceable maintenance order, to the District Court clerk specified by the attachment of earnings order for transmission to the person entitled to receive payments made under the relevant antecedent order F46[or, where appropriate, to the competent authority],
(b) in any other case, to the person referred to in paragraph (a) of this subsection or, if the Court considers proper, to the District Court clerk specified by the attachment of earnings order for transmission to that person F47[or, where appropriate, to the competent authority].
F48[(3) (a) Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the maintenance debtor concerned an opportunity to make the representations specified in paragraph (b) in relation to the matter and shall have regard to any such representations made by the maintenance debtor.
(b) The representations referred to in paragraph (a) are representations relating to the questions—
(i) F49[whether the person concerned] is a person to whom such earnings as aforesaid fall to be paid, and
(ii) whether he or she would make the payments to which the relevant order relates.]
(4) An attachment of earnings order shall—
(a) specify the normal deduction rate, that is to say, the rate at which the Court considers it reasonable that the earnings to which the order relates should be applied in satisfying the relevant antecedent order, not exceeding the rate appearing to the Court to be necessary for the purpose of—
(i) securing payment of the sums falling due from time to time under the relevant antecedent order, and
(ii) securing payment within a reasonable period of any sums already due and unpaid under the relevant antecedent order and any costs incurred in proceedings relating to the relevant antecedent order which are payable by the maintenance debtor,
(b) specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and the needs of the maintenance debtor, the Court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order,
(c) contain so far as they are known to the Court such particulars as it considers appropriate for the purpose of enabling the maintenance debtor to be identified by the person to whom the order is directed.
(5) Payments under an attachment of earnings order shall be in lieu of payments of the like total amount under the relevant antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the relevant antecedent order.
Annotations
Amendments:
F44
Inserted (1.08.1996) by Family Law Act 1995 (26/1995), s. 43(d)(i), S.I. No. 46 of 1996.
F45
Inserted (1.08.1996) by Family Law Act 1995 (26/1995), s. 43(d)(ii), S.I. No. 46 of 1996.
F46
Inserted (29.11.1990) by Social Welfare Act 1989 (4/1989), s. 13(1)(e), S.I. No. 273 of 1990.
F47
Inserted (29.11.1990) by Social Welfare Act 1989 (4/1989), s. 13(1)(f), S.I. No. 273 of 1990.
F48
Substituted (1.08.1996) by Family Law Act 1995 (26/1995), s. 43(d)(iii), S.I. No. 46 of 1996.
F49
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 76, S.I. No. 12 of 2016.
Modifications (not altering text):
C44
Application of section extended (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(9), in effect as per reg. 1(2); as substituted (29.11.2011) by European Communities (Maintenance) (Amendment) Regulations 2011 (S.I. No. 612 of 2011), reg. 7.
Enforcement of enforceable maintenance orders given in a Member State not bound by the 2007 Hague Protocol
10. …
(9) Where a sum payable under an enforceable maintenance order is not duly paid—
(a) the maintenance creditor may, in writing, request the district court clerk concerned to make an application to the District Court respecting that sum under section 10 (as amended by section 43 of the Act of 1995) of the Act of 1976, or
…
C45
Application of section extended (1.03.2002) by European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), reg. 6(10), in effect as per reg. 2.
Enforcement of enforceable maintenance orders
6. …
(10) If a sum payable under an enforceable maintenance order is not duly paid and if the maintenance creditor so requests in writing, the district court clerk concerned shall make an application respecting that sum under— …
(b) section 10 (which relates to the attachment of certain earnings) of the Act of 1976.
…
C46
Application of section modified (3.05.1993) by Criminal Justice Act 1993 (6/1993), s. 7(2)(b), commenced as per s. 14(2).
Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.
7.—(1) Subject to subsection (2), payments under a compensation order or an order under section 6 (8) shall be made, for transmission to the injured party concerned, to such District Court clerk as may be determined from time to time by the court which made the order.
(2) For the purposes of subsection (1) and of securing compliance with compensation orders and orders under section 6(8)— …
(b) Part III (which relates to attachment of earnings), and
…
of the Family Law (Maintenance of Spouses and Children) Act, 1976, shall apply to those orders with the following modifications and any other necessary modifications, that is to say:
…
(ii) in the said Part III—
(I) in section 10—
(A) subparagraphs (i) and (ii) of subsection (1) (a) shall not apply,
(B) the reference to the District Court in subsection (1)(a)(iii)(I) shall be construed as a reference to a court, and
(C) in subsection (2), paragraph (a) shall be deleted and the following paragraph shall be substituted for paragraph (b):
“(b) in any other case, to the District Court clerk specified by the attachment of earnings order for transmission to the injured party concerned”,
(II) the references to an antecedent order shall be construed as references to a compensation order and an order under section 6(8),
(III) the references to the maintenance creditor shall be construed as references to the injured party, and
(IV) the references to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908, applies, to his parent or guardian,
…
Compliance with attachment of earnings order.
11.—(1) Where an attachment of earnings order or an order varying it is made, the employer for the time being affected by it shall, if it has been served upon him, comply with it; but he shall be under no liability for non-compliance therewith before ten days have elapsed since the service.
(2) Where an attachment of earnings order is served on any person and the maintenance debtor is not in his employment or the maintenance debtor subsequently ceases to be in his employment, that person 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) On any occasion when a person makes, in compliance with an attachment of earnings order, a deduction from a maintenance debtor’s earnings, he shall give to the maintenance debtor a statement in writing of the total amount of the deduction.
(4) Such court registrar or court clerk as may be specified by an attachment of earnings order shall cause the order to be served on the employer to whom it is directed and on any subsequent employer of the maintenance debtor concerned of whom the registrar or clerk so specified becomes aware and such service may be effected by leaving the order or a copy of the order at, or sending the order or a copy of the order by registered prepaid post to, the residence or place of business in the State of the person to be served.
Application of sums received by District Court clerk.
12.—Any payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by him to the person entitled to receive those payments F50[or, where appropriate, to the competent authority], be deemed to be payments made by the maintenance debtor so as to discharge—
(a) firstly, any sums payable under the relevant antecedent order, and
(b) secondly, any costs in proceedings relating to the relevant antecedent order payable by the maintenance debtor when the attachment of earnings order was made or last varied.
Annotations
Amendments:
F50
Inserted (29.11.1990) by Social Welfare Act 1989 (4/1989), s. 13(1)(g), S.I. No. 273 of 1990.
Statement as to earnings.
13.—(1) In relation to an attachment of earnings order or an application for such an order, the Court that made the order or to which the application is made may, before or at the hearing or while the order is in force—
(a) order the maintenance debtor to give to the Court, within a specified period, a statement in writing signed by him of—
(i) the name and address of any person by whom earnings are paid to him,
(ii) specified particulars as to his earnings and expected earnings and as to his resources and needs, and
(iii) specified particulars for enabling the maintenance debtor to be identified by any employer of his,
(b) order any person appearing to the Court to have the maintenance debtor in his employment to give to the Court, within a specified period, a statement signed by that person, or on his behalf, of specified particulars of the maintenance debtor’s earnings and expected earnings.
(2) Notice of an application for an attachment of earnings order served on a maintenance debtor may include a requirement that he shall give to the Court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in subsection (1) (a) of this section and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.
(3) In any proceedings in relation to an attachment of earnings order, a statement given to the Court in compliance with an order under paragraph (a) or (b) of subsection (1) of this section or with a requirement under subsection (2) of this section shall be admissible as evidence of the facts stated therein, and a document purporting to be such a statement shall be deemed, unless the contrary is shown, to be a statement so given.
Notification of changes of employment and earnings.
14.—Where an attachment of earnings order is in force:
(a) the maintenance debtor shall notify in writing the Court that made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than ten days from the date on which he does so,
(b) the maintenance debtor shall, on any occasion on which he becomes employed or re-employed, include in his notification under paragraph (a) of this section particulars of his earnings and expected earnings from the relevant employment,
(c) any person who becomes an employer of the maintenance debtor and knows that the order is in force and by what Court it was made shall, within ten days of his becoming the maintenance debtor’s employer or of acquiring that knowledge (whichever is the later), notify that Court in writing that he is the debtor’s employer, and include in his notification a statement of the debtor’s earnings and expected earnings.
Power to determine whether particular payments are earnings.
15.—(1) Where an attachment of earnings order is in force, the Court that made the order shall, on the application of the employer concerned or the maintenance debtor or the person to whom payments are being made under the order, determine whether payments (or any portions thereof) to the maintenance debtor of a particular class or description specified by the application are earnings for the purpose of the order, and the employer shall give effect to any determination for the time being in force under this section.
(2) Where an application under this section is made by the employer, he shall not incur any liability for non-compliance with the order as respects any payments (or any portions thereof) of the class or description specified by the application which are made by him to the maintenance debtor while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but this shall not, unless the Court otherwise orders, apply as respects such payments (or any portions thereof) if the employer subsequently withdraws the application or, as the case may be, abandons the appeal.
Persons in service of State, local authority etc.
16.—(1) Where a maintenance debtor is in the service of the State, a local authority for the purposes of the Local Government Act, 1941, a harbour authority within the meaning of the Harbours Act, 1946, F51[the Health Service Executive], F52[the Child and Family Agency,] F53[an education and training board,] or a committee of agriculture established by the Agriculture Act, 1931, or is a member of either House of the Oireachtas—
(a) in a case where a maintenance debtor in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of State by whom the department, office, organisation, service, undertaking or other body is administered may from time to time designate) shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment,
(b) in a case where a maintenance debtor is in the service of such an authority, board or committee, its chief officer shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment,
(c) in any other case, where a maintenance debtor is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the maintenance debtor in his employment, and
(d) any earnings of a maintenance debtor paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, of this subsection, the Secretary of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, of this subsection, as may be appropriate.
(2) If any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a maintenance debtor in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for the Public Service, but that Minister shall not be under any obligation to consider a reference under this subsection unless it is made by the Court.
(3) A document purporting to contain a determination of the Minister for the Public Service under subsection (2) of this section and to be signed by an officer of the Minister for the Public Service shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.
(4) In this section references to a maintenance debtor in the service of the State include references to a maintenance debtor to whom earnings are paid directly out of moneys provided by the Oireachtas.
Annotations
Amendments:
F51
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 5, S.I. No. 887 of 2004.
F52
Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 2 item 1, S.I. No. 502 of 2013.
F53
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 6, S.I. No. 211 of 2013.
Editorial Notes:
E16
The functions of the Minister for Public Service under subss. (2) and (3) were transferred to the Minister for Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), art. 4(1)(a). These functions were further transferred from the Minister for Finance to the Minister for Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), art. 3(a) and sch. 1 part 2.
Discharge, variation and lapse of attachment of earnings order.
17.—(1) The Court that made an attachment of earnings order may, if it thinks fit, on the application of the maintenance creditor, the maintenance debtor or the District Court clerk on whose application the order was made, make an order discharging or varying that order.
(2) Where an order varying an attachment of earnings order is made under this section, the employer shall, if it has been served upon him, comply with it, but he shall be under no liability for non-compliance before ten days have elapsed since the service.
(3) Where an employer affected by an attachment of earnings order ceases to have the maintenance debtor in his employment, the order shall, in so far as that employer is concerned, lapse (except as respects deductions from earnings paid after the cesser by that employer and payment to the person in whose favour the order was made of deductions from earnings made at any time by that employer).
(4) The lapse of an order under subsection (3) of this section shall not prevent its remaining in force for other purposes.
Cesser of attachment of earnings order.
18.—(1) An attachment of earnings order shall cease to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.
(2) Where an attachment of earnings order ceases to have effect, the clerk or registrar of the Court that made the order shall give notice of the cesser to the employer.
Provisions in relation to alternative remedies.
19.—(1) Where an attachment of earnings order has been made, any proceedings commenced under section 8 (1) of the Enforcement of Court Orders Act, 1940, for the enforcement of the relevant antecedent order shall lapse and any warrant or order issued or made under that section in any such proceedings shall cease to have effect.
(2) An attachment of earnings order shall cease to have effect upon the making of an order under section 8 (1) of the Enforcement of Court Orders Act, 1940, for the enforcement of the relevant antecedent order.
Enforcement.
20.—(1) Where, without reasonable excuse, a person—
(a) fails to comply with subsection (1) or (2) of section 11 or section 14 or an order under section 13 or section 17 (2) of this Act, or
(b) gives to a Court a statement pursuant to section 13 (1) of this Act, or a notification under section 14 of this Act, that is false or misleading,
and a maintenance creditor as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the maintenance creditor or the District Court clerk to whom such sum falls to be paid, and that court may order the person to pay to the person suing such amount (not exceeding the sum aforesaid) as in all the circumstances the court considers proper for distribution in such manner and in such amounts as the court may specify amongst the persons for whose benefit the attachment of earnings order was made.
(2) Where a person gives to a Court—
(a) a statement pursuant to section 13 of this Act, or
(b) a notification under section 14 of this Act,
that is to his knowledge false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both.
(3) A person who contravenes section 11 (3) of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.
Annotations
Editorial Notes:
E17
The fine specified in subs. (2) was converted to a Class C fine (4.01.2011) by Fines Act 2010 (8/2010), s. 6(2), S.I. No. 662 of 2010.
E18
The fine specified in subs. (3) was converted to a Class E fine (4.01.2011) by Fines Act 2010 (8/2010), s. 8(2), S.I. No. 662 of 2010.