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Attachment of Earnings Act 1971

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This is the original version (as it was originally enacted).

General

26Transitional provision

(1)As from the appointed day, an attachment of earnings order made before that day under Part II of the Maintenance Orders Act 1958 (including an order made under that Part of that Act as applied by section 46 or 79 of the Criminal Justice Act 1967) shall take effect as an attachment of earnings order made under the corresponding power in this Act, and the provisions of this Act shall apply to it accordingly, so far as they are capable of doing so.

(2)Rules of court may make such provision as the rulemaking authority considers requisite—

(a)for enabling an attachment of earnings order to which subsection (1) above applies to be varied so as to bring it into conformity, as from the appointed day, with the provisions of this Act, or to be replaced by an attachment of earnings order having effect as if made under the corresponding power in this Act;

(b)to secure that anything required or authorised by this Act to be done in relation to an attachment of earnings order made thereunder is required or, as the case may be, authorised to be done in relation to an attachment of earnings order to which the said subsection (1) applies.

(3)In this section, " the appointed day" means the day appointed under section 54 of the Administration of Justice Act 1970 for the coming into force of Part II of that Act.

27Consequential amendment of enactments

(1)In consequence of the repeals effected by this Act, section 20 of the Maintenance Orders Act 1958 (which contains certain provisions about magistrates' courts and their procedure), except subsection (6) of that section (which amends section 52(3) of the Magistrates' Courts Act 1952), shall have effect as set out in Schedule 5 to this Act.

(2)In section 156(1) of the County Courts Act 1959 (which confers power to make rules of court with respect to administration orders), for the words " section 29 of the Administration of Justice Act 1970 " there shall be substituted the words

section 4 of the Attachment of Earnings Act 1971.

(3)In section 95(4) of the Merchant Shipping Act 1970 (saving, in relation to fishermen's wages, of provisions in Part II of the Administration of Justice Act 1970) for the words " Part II of the Administration of Justice Act 1970 " there shall be substituted the words

the Attachment of Earnings Act 1971.

28Northern Ireland

Notwithstanding anything in the Government of Ireland Act 1920, the Parliament of Northern Ireland shall have power to make laws for purposes similar to those of section 22 of this Act.

29Citation, repeal, extent and commencement

(1)This Act may be cited as the Attachment of Earnings Act 1971.

(2)The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)This Act, except section 20(2), does not extend to Scotland and, except sections 20(2) and 28, does not extend to Northern Ireland.

(4)This Act shall come into force on the day appointed under section 54 of the Administration of Justice Act 1970 for the coming into force of Part II of that Act.

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