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Attachment of Earnings Act 1971

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This is the original version (as it was originally enacted).

11Attachment order in respect of maintenance payments to cease to have effect on occurrence of certain events

(1)An attachment of earnings order made to secure maintenance payments shall cease to have effect—

(a)upon the grant of an application for registration of the related maintenance order under section 2 of the Maintenance Orders Act 1958 (which provides for the registration in a magistrates' court of a High Court or county court maintenance order, and for registration in the High Court of a magistrates' court maintenance order);

(b)where the related maintenance order is registered under Part I of the said Act of 1958, upon the giving of notice with respect thereto under section 5 of that Act (notice with view to cancellation of registration);

(c)subject to subsection (3) below, upon the discharge of the related maintenance order while it is not registered under Part I of the said Act of 1958 ;

(d)upon the related maintenance order ceasing to be registered in a court in England or Wales, or becoming registered in a court in Scotland or Northern Ireland, under Part II of the Maintenance Orders Act 1950.

(2)Subsection (1)(a) above shall have effect, in the case of an application for registration under section 2(1) of the said Act of 1958, notwithstanding that the grant of the application may subsequently become void under subsection (2) of that section.

(3)Where the related maintenance order is discharged as mentioned in subsection (1)(c) above and it appears to the court discharging the order that arrears thereunder will remain to be recovered after the discharge, that court may, if it thinks fit, direct that subsection (1) shall not apply.

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