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Attachment of Earnings Act 1971
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Attachment of Earnings Act 1971, Section 10 is up to date with all changes known to be in force on or before 02 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(1A)(1B) inserted by 2007 c. 15 Sch. 15 para. 2(2) (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
- s. 6A inserted by 2007 c. 15 Sch. 15 para. 3
- s. 9(1A) inserted by 2007 c. 15 Sch. 15 para. 4
- s. 9A inserted by 2007 c. 15 Sch. 15 para. 5 (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
- s. 14(1A) inserted by 2007 c. 15 Sch. 15 para. 10 (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
- s. 14(2A) inserted by 2007 c. 15 Sch. 15 para. 12
- s. 14(4A)(4B) inserted by 2007 c. 15 Sch. 15 para. 14
- s. 15A-15D inserted by 2007 c. 15 s. 92 (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
- s. 17(4) inserted by 2007 c. 15 Sch. 15 para. 18 (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
- s. 23(1ZA) inserted by 2007 c. 15 Sch. 15 para. 21 (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
- s. 25(2)(c) words inserted by 2007 c. 15 Sch. 15 para. 22
- s. 25(2)(f) words inserted by 2007 c. 15 Sch. 15 para. 22
- Sch. 3A inserted by 2007 c. 15 Sch. 15 para. 7 (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
10 Normal deduction rate to be reduced in certain cases.E+W
(1)The following provisions shall have effect, in the case of an attachment of earnings order made to secure maintenance payments, where it appears to the collecting officer of the court that—
(a)the aggregate of the payments made for the purposes of the related maintenance order by the debtor (whether under the attachment of earnings order or otherwise) exceeds the aggregate of the payments required up to that time by the maintenance order; and
(b)the normal deduction rate specified by the attachment of earnings order (or, where two or more such orders are in force in relation to the maintenance order, the aggregate of the normal deduction rates specified by those orders) exceeds the rate of payments required by the maintenance order; and
(c)no proceedings for the variation or discharge of the attachment of earnings order are pending.
(2)In the case of an order made by the High Court or [F1the family] court, the collecting officer shall give the prescribed notice to the person to whom he is required to pay sums received under the attachment of earnings order, and to the debtor; and the court shall make the appropriate variation order, unless the debtor requests it to discharge the attachment of earnings order, or to vary it in some other way, and the court thinks fit to comply with the request.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In this section, “the appropriate variation order” means an order varying the attachment of earnings order in question by reducing the normal deduction rate specified thereby so as to secure that that rate (or, in the case mentioned in subsection (1)(b) above, the aggregate of the rates therein mentioned)—
(a)is the same as the rate of payments required by the maintenance order; or
(b)is such lower rate as the court thinks fit having regard to the amount of the excess mentioned in subsection (1)(a).
Textual Amendments
F1Words in s. 10(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 26(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2S. 10(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 26(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
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