• SCHEDULE 3 SCHEDULE 3 — Changing The Basis Of Deductions

    Section 146

    • Part 1 Part 1 Changing the Basis of Fixed Deductions Scheme

      • 1. Introduction

        (1) This Part 1 of this Schedule 3 deals with the variation of a certain kind of attachment of earnings order — referred to as a Schedule 2 judgment debt order — by changing the basis of deductions.
        (2) A Schedule 2 judgment debt order is a Schedule 2 deductions order made by the Court of First Instance to secure payment of a judgment debt.
        (3) References to variation of a Schedule 2 judgment debt order by changing the basis of deductions are references to the variation of the order so that it specifies that periodical deductions are to be made in accordance with the fixed deductions scheme.

      • 2. Variation at discretion of court

        (1) The Court of First Instance may vary a Schedule 2 judgment debt order by changing the basis of deductions.
        (2) The Court of First Instance may make the variation —
        (a) in consequence of an application made to the court; or
        (b) of its own motion.
        (3) The variation takes effect on the date that it is made.

      • 3. Variation by court upon redirection

        (1) The Court of First Instance must vary a Schedule 2 judgment debt order by changing the basis of deductions if —
        (a) the order lapses; and
        (b) the Court of First Instance directs the order to a person in accordance with section 149(5).
        (2) The variation must be made at the same time as the Court of First Instance directs the order in accordance with section 149(5).
        (3) The variation takes effect on the date that it is made.

      • 4. Automatic variation on changeover date

        (1) On the changeover date, all Schedule 2 judgment debt orders are to be treated as if the Court of First Instance had varied them by changing the basis of deductions.
        (2) The variation takes effect on the changeover date.
        (3) The changeover date is the date which the Chairman of the Board, in consultation with the Chief Justice, specifies for the purposes of this paragraph.
        (4) The Chairman of the Board is to specify the changeover date in an order.

      • 5. Notice of variation still required

        Section 149(3) (service by court of notice of variation) applies to the variation of an order under this Part 1 of this Schedule 3 (including variation in accordance with paragraph 4) as it applies to any other variation of an attachment of earnings order.

    • Part 2 Part 2 Changing from the Fixed Deductions Scheme

      • 6. Introduction

        (1) This Part 2 of this Schedule 3 deals with the variation of fixed deductions orders by changing the basis of deductions.
        (2) References to variation of a fixed deductions order by changing the basis of deductions are references to the variation of the order so that it specifies that periodical deductions are to be made in accordance with Part 1 of Schedule 2.

      • 7. General prohibition on changing from the fixed deduction basis

        A Court may not vary a fixed deductions order by changing the basis of deductions unless the variation is in accordance with this Part 2 of this Schedule 3.