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Attachment of Earnings Act 1971

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Attachment of Earnings Act 1971, SCHEDULE 1 is up to date with all changes known to be in force on or before 16 December 2019. 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. Help about Changes to Legislation

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Section 2.

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

1E+WAn order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the M1Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).

Marginal Citations

2E+WAn 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.).

[F13E+WAn order for periodical or other payments made, or having effect as if made, under Part II of the M2Matrimonial Causes Act 1973]

Textual Amendments

Marginal Citations

4E+WAn order for maintenance or other payments to or in respect of a spouse or child, being an order made, [F2under Part I of the M3Domestic Proceedings and Magistrates’ Courts Act 1978]

F35E+WAn order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.

Textual Amendments

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

7E+WAn order under [F5paragraph 23 of Schedule 2 to the Children Act 1989] [F6, paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014,] . . . F7 section 23 of the Ministry of Social Security Act 1966 [F8 . . . F9section 18 of the Supplementary Benefits Act 1976]F10[F11. . . section 24 of the Social Security Act 1986][F12or section 106 of the Social Security Administration Act 1992] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds).

8E+WF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9E+WAn order to which section 16 of the M4Maintenance 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)

Marginal Citations

10E+WA maintenance order within the meaning of the M5Maintenance 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

[F1411E+W A maintenance order within the meaning of Part I of the M6Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in [F15the family court] under the said Part I.]

[F1612E+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

[F1713E+WA maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in [F18the family court] under that Part.]

F19 [14E+WA 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 [F20, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)], which is registered in a [F21court in England and Wales] under that Regulation.]

Textual Amendments

F19Sch. 1 para. 14 inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 9

[F2214A(1)A decision, court settlement or authentic instrument which falls to be enforced by [F23the family 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.]

[F2414B.E+WA decision or maintenance arrangement which is registered in [F25the family court] under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007.]

[F2615E+W An order made under Schedule 5 to the Civil Partnership Act 2004 ([F27financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973]), for periodical or other payments.

16E+W An order made under Schedule 6 to the 2004 Act ([F28financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates’ Courts Act 1978]), for maintenance or other payments to or in respect of a civil partner or child.]

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