Attachment of Earnings Act 1971

Section 2.

SCHEDULE 1 E+W Maintenance orders to which this Act applies

1 E+W An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the M1 Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).

Marginal Citations

M1 1965 c. 72.

2 E+W An order for payments to or in respect of a child, being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).

[F1 3 E+W An order for periodical or other payments made, or having effect as if made, under Part II of the M2 Matrimonial Causes Act 1973]

Textual Amendments

F1 Para. 3 substituted by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 13

Marginal Citations

M2 1973 c. 18.

4 E+W An order for maintenance or other payments to or in respect of a spouse or child, being an order made, [F2 under Part I of the M3 Domestic Proceedings and Magistrates’ Courts Act 1978]

Textual Amendments

F2 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89(3), Sch. 2 para. 32

Marginal Citations

M3 1978 c. 22.

[F3 5 An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.]

Textual Amendments

F3 Para. 5 beginning “An order for” substituted (prosp.) for para. 5 beginning “An order under” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 38

[F17 5 An order under—

[F18 (a) section 11B, 11C or 11D of the Guardianship of Minors Act M8 1971 or section 2(3) or 2(4A) of the Guardianship Act M9 1973 (payments for maintenance of persons who are or have been in guardianship);]

(b) section 6 of the M10 Family Law Reform Act 1969 (payments for maintenance of ward of court).]

Textual Amendments

F17 Para. 5 beginning “An order for” substituted (prosp.) for para. 5 beginning “An order under” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 38

F18 Para. 5(a) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 44(a), Sch. 3 paras. 1, 6

Marginal Citations

M8 1971 c. 3 (49:9).

M9 1973 c. 29 (49:9).

M10 1969 c. 46.

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Para. 6 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 44(b), Sch. 3 paras. 1, 6, Sch. 4

7 An order under [F5 F6 section 47 or 51 of the Child Care Act 1980][F6 paragraph 23 of Schedule 2 to the Children Act 1989] . . . F7 section 23 of the Ministry of Social Security Act 1966 [F8 . . . F9 section 18 of the Supplementary Benefits Act 1976][F10 or section 24 of the Social Security Act 1986](various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds).

Textual Amendments

F5 Words substituted by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 32(b)

F6 Words beginning “paragraph 23” substituted (prosp.) for words beginning “section 47” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(6), Sch. 13 para. 29, Sch. 14 para. 1(1)

F7 Word repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 7 para. 20(b)

F8 Words inserted by Supplementary Benefits Act 1976 (c. 71), Sch. 7 para. 20(b)

F9 Word repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 10 Pt. II para. 43(b)

F10 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 10 Pt. II para. 43(b)

8 An order under section 43 of the M4 National Assistance Act 1948 (recovery of costs of maintaining assisted person).

Marginal Citations

M4 1948 c. 29.

9 E+W An order to which section 16 of the M5 Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.

Modifications etc. (not altering text)

C1 Para. 9 amended by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 3(2)

Marginal Citations

M5 1950 c. 37.

10 E+W A maintenance order within the meaning of the M6 Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.

Marginal Citations

M6 1920 c. 33.

[F11 11 E+W A maintenance order within the meaning of Part I of the M7 Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in a magistrates’ court under the said Part I.]

Textual Amendments

F11 Para. 11 inserted by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), Sch. para. 7

Marginal Citations

M7 1972 c. 18.

[F12 12 E+W An order under section 34(1)(b) of the Children Act 1975 (payments of maintenance in respect of a child to his custodian).]

Textual Amendments

F12 Para. 12 inserted by Children Act 1975 (c. 72), s. 108(2), Sch. 3 para. 76(b)

[F13 13 E+W A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.]

Textual Amendments

F13 Para. 13 inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 15(4), Sch. 12 Pt. I para. 6

Yn ddilys o 01/03/2002

[F14 14 A maintenance judgment within the meaning of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which is registered in a magistrates’ court under that Regulation.]

Textual Amendments

F14 Sch. 1 para. 14 inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 9

Yn ddilys o 18/06/2011

[F15 14A (1) A decision, court settlement or authentic instrument which falls to be enforced by a magistrates' court by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. E+W

(2) In this paragraph—

• “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

• “decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of that Regulation.]

Textual Amendments

F15 Sch 1 para. 14A inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 7 para. 4(3)

Yn ddilys o 05/12/2005

[F16 15 E+W An order made under Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.), for periodical or other payments.

Textual Amendments

F16 Sch. 1 paras. 15, 16 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 35; S.I. 2005/3175, art. 2(2)

Yn ddilys o 05/12/2005

16 E+W An order made under Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.), for maintenance or other payments to or in respect of a civil partner or child.]

Textual Amendments

F16 Sch. 1 paras. 15, 16 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 35; S.I. 2005/3175, art. 2(2)