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PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- LONG TITLE

An Act to make provision for and in connection with the settlement
and recovery of certain debts and for related purposes.
[14th October 1971]
1962 c.30

And Whereas the Clerk of the Parliaments has certified accordingly:

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 1
Payment of certain public moneys.

1.(1) Where any moneys are at any time due to any person, or, in
the case of a person who is an individual ordinarily resident with
his spouse, to his spouse, by or on behalf of, or out of any
funds administered by or on behalf of, any government department or
local or public authority, that department or authority may, and, if
so directed by the Ministry of Finance, shall, pay those moneys or
any part thereof in or towards the settlement of any sum appearing
to be due by that person or his spouse

(a)to that or any other government department or local or public
authority acting as such, or to any such funds as aforesaid, or to
the Exchequer or Consolidated Fund; or

(b)to any government department, public or local authority or other
person whatsoever in respect of

(i)any tax or duty or levy, or of any local or public rates
(including water rates [, regional rate and district rate]); or

(ii)any public services; or

<(iii)any rent due in respect of housing accommodation; or

<(iv)any instalment (whether by way of principal or interest, or partly of the one and partly of the other) due in respect of the purchase, conversion or improvement of housing accommodation.

(2) Notification of a payment made or proposed to be made under
subsection (1) shall be sent by ordinary post to the person to
whom the moneys from which the payment was made were due, and the
payment shall, to the extent thereof but not further, operate in
discharge of

(a)the moneys due to the person, or (as the case may be) to the
spouse of the person, by or on behalf of, or out of funds
administered by or on behalf of, the government department or local
or public authority making the payment;

(b)the sum in or towards settlement of which the payment is made,
but this paragraph shall not have effect in relation to any amount
ordered by the county court to be paid or credited under subsection
(6).

(3) For the purposes of determining any right to benefit under the
Supplementary Benefits &c. Act (Northern Ireland) 1966 (in this Act
referred to as "the Act of 1966") [, the Supplementary Benefits
(Northern Ireland) Order 1977 (in this Act referred to as "the 1977
Order") or] the Family Income Supplements Act (Northern Ireland) 1971
(in this Act referred to as "the Act of 1971"), or of ascertaining
the amount of any such benefit

(a)a payment made under subsection (1) of, or out of, moneys due
to any person or to his spouse shall be treated as a payment made
directly to that person or, as the case may be, to his spouse;
and

(b)the making of such a payment shall not be treated either as
giving rise to any change in his or her circumstances or as being
the issuing of a benefit to a person other than the claimant.

Subs.(4)(5) rep. by 1980 NI 8 art.16 sch.4 Pt.I

(6) Where, on application made in accordance with county court rules
to the county court within one year from the making of a payment
under subsection (1) in respect of any sum appearing to be due by
any person, that person proves to the satisfaction of the court
that such sum was not due by him at the time of making such
payment, the court may order that the amount of such payment, or
any part thereof, which was not due at that time be paid or, if
the court thinks proper, credited to him by the government
department or local or public authority or other person to whom the
payment was made; but, save as aforesaid, no further or other
action or proceeding whatsoever (whether original or appellate) shall
lie against that department or local or public authority or other
person in respect of that payment.

(7) This section shall have effect notwithstanding anything to the
contrary contained in any other transferred provision or other rule
of law whatsoever, but nothing in this section shall prejudice any
power of deduction or set-off exercisable under any other transferred
provision or under any statutory document within the meaning of
section 1(e) of the Interpretation Act (Northern Ireland) 1954.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 2
1954 c.33

2.(1) Notwithstanding anything contained in any transferred provision,
deed, lease or other instrument or document whatsoever, the Ministry
of Development [, or, in relation to the debts and charges
mentioned in paragraph (c), the Department of Commerce,] with the
approval of the Ministry of Finance, may, by order made subject to
negative resolution, require the payment of interest or costs of
collection, or both, on any sums recoverable under this Act in
respect of

(a)any outstanding local or public rates (including water rates [,
regional rate and district rate]);

(b)any outstanding rent due in respect of housing accommodation;

[(c)any outstanding debt for electricity supplied by the Northern
Ireland Electricity Service or gas supplied by a district council or
any charge in respect of the provision of a meter or other device
installed to measure or regulate such supply of electricity or gas;]

(i)the basis on which such interest or costs of collection shall be
calculated;

(ii)the period in respect of which such interest shall be payable;

(iii)the rate per cent. per annum of such interest;

(iv)determining the date as from which any rates, [rent, charge or
other debt] shall be treated as outstanding for the purposes of
this section.

(2) Any interest or costs of collection payable by virtue of
subsection (1) may be recovered in like manner as rates are, or,
as the case may be, rent [or any charge or other debt] is,
recoverable under this Act.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 3
Interest, etc., in respect of rent, rates, electricity and gas
charges recoverable under Act.

3. Where it appears to the Master, on an application made in
accordance with [Judgment Enforcement Rules], that any person (in
this Act referred to as a "defaulter") is wilfully withholding any
sum lawfully due by him or his spouse

(a)to any government department or public or local authority acting
as such, or to any funds mentioned in section 1(1), or to the
Exchequer or Consolidated Fund; or

(b)to any government department, public or local authority or other
person whatsoever in respect of

(i)any tax or duty or levy, or of any local or public rates
(including water rates [, regional rate and district rate]); or

(ii)any public services; or

<(iii)any rent due in respect of housing accommodation; or

<(iv)any instalment (whether by way of principal or interest, or partly of the one and partly of the other) due in respect of the purchase, conversion or improvement of housing accommodation;

Emergency enforcement in certain cases.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 4

4.(1) The emergency enforcement orders which may be made under this
Act are

(a)an emergency order of seizure;

(b)an emergency order charging land;

(c)an emergency charging order on funds, stock or shares;

[(d)an emergency order vesting funds, stock or shares in the Chief
Enforcement Officer;]

(e)an emergency debenture order;

(f)an emergency stop order;

(g)an emergency restraining order;

(h)an emergency order appointing a receiver;

(i)an emergency attachment of debts order;

[(ii)an emergency order for payment by a garnishee;]

(j)an emergency attachment of earnings order.

(2) An emergency enforcement order shall state the sum due by the
defaulter, and that sum, together with the costs and expenses of
enforcement under this Act, shall be recoverable under the order.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 5
Emergency enforcement orders.

5. If the defaulter appears before the Master to show cause why an
emergency enforcement order or orders should not be made, the Master
may

(a)examine the defaulter as to his means;

(b)make the emergency enforcement order or orders, with or without
any modifications, or discharge the order under section 3, or
substitute for the emergency enforcement order or orders specified in
the order under section 3 some other emergency order or orders.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 6
Procedure where defaulter appears to show cause.

6. If the defaulter fails to appear to show cause why an emergency
enforcement order or orders should not be made, the order or orders
shall, unless it appears to the Master that the full sum due by
the defaulter has already been paid, satisfied or discharged, be
made.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 7
Procedure where defaulter fails to appear to show cause.

7.(1) Subject to subsections (2) and (3), the provisions of Part V
of [the Judgments Enforcement Order] relating to the enforcement
orders specified in [sub-paragraphs (b), (c), (f) to (j), (l), (m)
and (n) of Article 16(1) of that Order] shall apply respectively,
with any necessary modifications, to the emergency enforcement orders
specified in [paragraphs (a) to (ii)] of section 4(1) of this Act.

(2) An emergency order charging land may be made

Para.(a) rep. by SI 1981/234

(b)where the sum due is in respect of local or public rates
(including water rates [, regional rate and district rate]), to
secure the payment of

(i)the sum so due;

(ii)any future sums which may accrue due within the next succeeding
period of twelve months in respect of such rates.

[(3) Article 60 of the Judgments Enforcement Order shall have effect
for the purposes of an emergency order vesting funds, stock or
shares in the Chief Enforcement Officer as if in paragraph (1) of
that Article for the words from the beginning to "paid" there were
substituted the words "Where after the expiration of one month from
the making of an emergency charging order on funds, stock or shares
the sums recoverable under the order remain wholly or partly
unsatisfied,".]

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 8
Application of certain provisions of 1981 NI 6 to certain emergency
enforcement orders.

8.(1) If it appears to the Master, consequent on an application
under section 3, that the defaulter is a person to whom earnings
fall to be paid, the Master may, ..., make an emergency attachment
of earnings order requiring the person to whom the order is
directed (being a person appearing to be the employer by whom those
earnings are wholly or partly paid) to make out of those earnings,
or part thereof, such payments as may be specified in the order,
so, however, that, in arriving at the amount of the payments to be
specified, the Master shall make what appears to him to be due
allowance for the reasonable personal and family obligations of the
defaulter.

(2) The provisions of [Articles 3, 73(2), (3) and (5) and 74 to
79 of, and Schedule 1 to, the Judgments Enforcement Order] shall,
[subject to subsection (3)], apply to an emergency attachment of
earnings order as if it were an attachment of earnings order.

[(3) The provisions mentioned in subsection (2) shall have effect
for the purposes of this section

(a)subject to any necessary modifications, and, in particular, the
substitution for any references to the Office of references to the
Master (except that no such substitution shall be made for the
references in Articles 73(2)(b) and 74(2), the first reference in
Article 76(6) and the second reference in Article 78(c), and except
that the references in Article 74(3) and paragraph 7(1)(a) of
Schedule 1 shall for those purposes include references to the
Master) and the substitution for references to the debtor and the
amount recoverable on foot of the relevant judgment of references
to, respectively, the defaulter and the amount recoverable under the
emergency attachment of earnings order;

(b)subject to section 11(3) of this Act;

(c)with the substitution for Article 76(1) of the following paragraph

(i)"(1) The Master may make an order varying (including suspending
or reviving) or discharging an emergency attachment of earnings
order."; and

(d)with the omission of

(i)sub-paragraph (a) of paragraph (1) of Article 77 and the
references to that sub-paragraph in paragraphs (2) and (3), and

(ii)paragraphs (a) and (b) of Article 78.]

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 9
Emergency attachment of earnings orders.

9.(1) Where, on an application made in accordance with county court
rules to the county court within one year from the payment of any
sum pursuant to an emergency enforcement order, a defaulter proves
to the satisfaction of the court that such sum was not due by him
at the time of making such payment, the court may order that the
amount of such payment, or any part thereof, which was not due at
that time be paid or, if the court thinks proper, credited to him
by the government department or local or public authority or other
person for whose benefit the emergency enforcement order was made;
but, save as aforesaid and as provided by subsections (2) to (4),
no further or other action or proceeding whatsoever (whether original
or appellate) shall lie against that government department or local
or public authority or other person in respect of that payment.

(2) Subject to subsection (4), any person against whom an emergency
attachment of earnings order is made may appeal therefrom to ...
the High Court whose decision thereon shall be final and conclusive.

(3) Subject to subsection (4), any person against whom an emergency
enforcement order (other than an emergency attachment of earnings
order) is made may appeal therefrom on a question of law to [the
Court of Appeal] whose decision thereon shall be final and
conclusive.

(4) An emergency enforcement order shall, notwithstanding that an
appeal therefrom has been made in pursuance of subsection (2) or
(3), remain in full force and effect unless and until the order is
set aside by the [High Court or the Court of Appeal] after hearing
the appeal.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 10
Appeals, etc.

10.(1) A copy of an order under section 3 shall, subject to
subsection (3), be served personally on the defaulter named in the
order.

(2) Subject to subsection (3), when an emergency enforcement order
has been made, a copy of the order shall be served on the same
persons as would have to be served if the order were a
corresponding enforcement order.

(3) If in any case it appears to the Master that it is
impracticable to serve a document personally, he may make an order
directing the document to be served or published in such other
manner as he may consider reasonable.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 11
Service of orders, etc.

11.(1) An emergency enforcement order shall, subject to the
provisions of this Act, have the same force and effect as a
corresponding enforcement order, and the provisions of [the Judgments
Enforcement Order] shall have effect accordingly.

(2) Applications under section 3 and emergency enforcement orders
shall not be registered in the register of judgments.

(3) Any employer

(a)who has been duly served pursuant to section 10(2) or section
10(3) with a copy of an attachment of earnings order; or

(b)in respect of whom a copy of such an order has been duly
published pursuant to section 10(3);

(4) For the purpose of determining any right to benefit under the
Act of 1966 [, the 1977 Order] or the Act of 1971, or of
ascertaining the amount of any such benefit, any payment made in
pursuance of an emergency enforcement order in respect of a
defaulter shall

(a)be treated as a payment made direct to the defaulter; and

(b)the making of such a payment shall not be treated as giving
rise to any change in the circumstances of the defaulter.

Subs.(5)(6) rep. by 1980 NI 8 art.16 sch.4 Pt.I

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 12
Effect of emergency enforcement orders, etc.

12. Without prejudice to [Article 51 of the Judgments Enforcement
Order] (including [that Article] as applied by section 7 of this
Act), applications under section 3 of this Act shall have priority
over any application under [that Order] in respect of which an
enforcement order has not been made.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 13
Priority of applications under section 3.

13.Subs.(1) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

(2) Where it appears to the Master that the attendance and
examination of any person, or the production of any document, are
required for any of the purposes of sections 3 to 8, he may [make
an order such as is mentioned in Article 27(2) or Article 28(3) of
the Judgments Enforcement Order, and those provisions and Articles
28(4) (where relevant), 29 and 114 of that Order shall apply as if
any reference in them to the Enforcement of Judgments Office were a
reference to the Master or an officer of that Office nominated by
him and any reference to the debtor were a reference to the
defaulter.]

S.14 rep. by 1978 c.23 s.122(2) sch.7 Pt.II

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 15
Attendance of witnesses, etc.

15. Any expenses incurred by any government department or by the
Enforcement of Judgments Office consequent on the provisions of this
Act may be defrayed out of moneys provided by Parliament.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 16
Expenses.

16.(1) In this Act

"the Act of 1966" [, "the 1977 Order"] and "the Act of 1971" have
the meanings assigned to them by section 1(3);

"appropriate authority" means

(a)for the purposes of giving full effect to section 1, the
Minister of Finance or such other Minister of Northern Ireland as
the Minister of Finance may specify;

(b)for the purposes of giving full effect to section 2, the
Minister of Development14 [in relation to the debts mentioned in
subsection (1)(a) and (b) of that section or the head of the
Department of Commerce in relation to the debts and charges
mentioned in subsection (1)(c) of that section;]

(c)for the purposes of giving full effect to sections 3 to 14, the
[Lord Chancellor];

"defaulter" has the meaning assigned to it by section 3;

"emergency enforcement order" means any such order as is specified
in section 4(1);

["the Judgments Enforcement Order" means the Judgments Enforcement
(Northern Ireland) Order 1981;]

"local or public authority" includes

(a)any local authority;

(b)any body or person exercising functions under any transferred
provision;

(c)any body or person appointed, wholly or partly, by the Governor
of Northern Ireland, or by the Speakers of the Senate and House of
Commons of Northern Ireland, or by any Minister or Ministry of
Northern Ireland (whether upon, or partly upon, the nomination of
any other person or otherwise); and

(d)any body or person whose accounts are audited by or on behalf
of, or are examined and reported on by or on behalf of, the
Comptroller and Auditor-General for Northern Ireland;

"Master" means the Master [(Enforcement of Judgments)] and, to the
extent to which any functions under this Act are assigned by the
Master to any [Judicial Officer (Enforcement of Judgments)], includes
that officer;

Definition rep. by 1980 NI 8 art.16 sch.4 Pt.I

"transferred provision" has the meaning assigned to it by section
1(g) of the Interpretation Act (Northern Ireland) 1954.

(2) Expressions in sections 3 to 16 have the same meanings as they
have in [the Judgments Enforcement Order.]

(3) References in this Act to moneys or sums due include references
to moneys or sums due from whatever cause or payable by or to any
person in whatsoever capacity, whether as principal or agent, and
shall include moneys due at any time on or after the 1st April
1971 but not moneys becoming due before that date.

(4) References in this Act to rent due in respect of housing
accommodation include

(a)references to any sum certified by an appropriate authority as
appearing to it to be fairly chargeable to any person in respect
of the use and occupation of any housing accommodation if he is
not lawfully the tenant or occupier of that accommodation; and

(b)references to any sum chargeable in respect of heating, lighting
or other services whatsoever provided for persons using or occupying
housing accommodation.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 17
1954 c.33

17.(1) If in any respect any difficulty or uncertainty arises in
giving full effect to any provision of this Act, the appropriate
authority may, ..., by order give such directions or make such
further or other arrangements as may appear to that authority to be
necessary or expedient for the purposes of giving full effect to
that provision.

(2) ..., an order under this section may modify any transferred
provision so far as may appear to the appropriate authority to be
necessary or expedient for the purposes of the order, and it shall
be the duty of all persons affected thereby to comply with the
terms of every such order.

Subs.(3) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

(4) An appropriate authority may give directions requiring any local
or public authority or any officer or person to furnish to the
appropriate authority all such records and information within the
knowledge or under the care or custody of that local or public
authority or officer or person as appear to the appropriate
authority to be necessary or expedient for giving full effect to
any provision of this Act.

(5) Any officer of a local or public authority, or any other
person, who acts in contravention of any provision of any order
under this section, or of any direction given under any such order,
or of any direction given under subsection (4), shall be guilty of
an offence and shall be liable on summary conviction to imprisonment
for a term not exceeding six months or to a fine not exceeding
#250, or to both.

(6) An order under this section shall be subject to negative
resolution.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 18
Power to remove difficulties, etc.

18.(1) This Act shall be deemed to have come into operation on the
1st October 1971.

(2) The provisions of this Act shall continue in force until six
months after the end of the period of the present emergency as
defined by subsection (3).

(3) For the purposes of subsection (2), "period of the present
emergency" means, in relation to any provision of this Act, the
period beginning with the 1st October 1971 and ending on such date
as the Governor may by Order in Council declare to be the date on
which the emergency that was the occasion of the enactment of that
provision came to an end.

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971
- SECT 19
Operation and duration.

19. This Act may be cited as the Payments for Debt (Emergency
Provisions) Act (Northern Ireland) 1971.

Short title.