Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

56.

Statement as to earnings.

56.— (1) In relation to an attachment of earnings order or an application for one, the court may, before or at the hearing or while the order is in force, order—

( a) the maintenance debtor to give to the court, within a specified period, a signed statement in writing specifying—

(i) the name and address of every employer of the maintenance debtor,

(ii) particulars as to the maintenance debtor’s earnings and expected earnings, and resources and needs, and

(iii) particulars for enabling the employers to identify the maintenance debtor,

( b) a person appearing to the court to be an employer of the maintenance debtor to give to the court, within a specified period, a statement signed by the person, or on his or her 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 the maintenance debtor 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) 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) or with a requirement under subsection (2) is admissible as evidence of the facts stated in it and a document purporting to be such a statement is deemed, unless the contrary is shown, to be a statement so given.