Section 9A — Tribunals, Courts and Enforcement Act 2007: Suspension of fixed deductions orders

Suspension of fixed deductions orders 9A 1 The county court must make an order suspending a fixed deductions order if the court is satisfied of either or both of the following—

a that the fixed deductions order requires periodical deductions to be made at a rate which is not appropriate;

b that the fixed deductions order requires periodical deductions to be made at times which are not appropriate.

2 The county court is to make the suspension order on the following terms—

a if the condition in subsection (1)(a) is met: on terms specifying the rate at which the debtor must make repayments (whether higher or lower than the rate at which the order requires the deductions to be made);

b if the condition in subsection (1)(b) is met: on terms specifying the times at which the debtor must make repayments;

c if either or both conditions are met: on any additional terms that the court thinks appropriate.

3 If the employer is given notice of the suspension order, the employer must cease to make the deductions required by the fixed deductions order; but the employer is under no liability for non-compliance before seven days have elapsed since service of the notice.

4 The county court —

a must revoke the suspension order if any of the terms of the suspension order are broken;

b may revoke the suspension order in any other circumstances if the court thinks that it is appropriate to do so.

5 Rules of court may make provision as to the circumstances in which the county court may of its own motion—

a make a suspension order; or b revoke a suspension order.

6 The suspension of a fixed deductions order under this section does not prevent the order from being treated as remaining in force subject to the provisions of this section.

7 This section is without prejudice to any other powers of a court to suspend attachment of earnings orders or to revoke the suspension of such orders.

8 In this section, in relation to a fixed deductions order, “ repayments ” means repayments of the judgment debt to which the order relates.