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Attachment of Earnings Act 1971
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Changes over time for: Section 18
Version Superseded: 22/04/2014
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- 01/02/1991- Amendment
- 01/04/2001- Amendment
- 01/04/2005- Amendment
- 01/04/2005
Point in time - 22/04/2014- Amendment
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Attachment of Earnings Act 1971, Section 18 is up to date with all changes known to be in force on or before 24 April 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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18 Certain action not to be taken by collecting officer except on request.E+W
(1)[F1A designated officer for a magistrates' court] who is entitled to receive payments under a maintenance order for transmission to another person shall not—
(a)apply for an attachment of earnings order to secure payments under the maintenance order; or
(b)except as provided by section 10(3) of this Act, apply for an order discharging or varying such an attachment of earnings order; or
(c)apply for a determination under section 16 of this Act,
unless he is requested in writing to do so by a person entitled to receive the payments through him.
(2)Where [F2the designated officer for a magistrates' court] is so requested—
(a)he shall comply with the request unless it appears to him unreasonable in the circumstances to do so; and
(b)the person by whom the request was made shall have the same liabilities for all the costs properly incurred in or about any proceedings taken in pursuance of the request as if the proceedings had been taken by that person.
(3)For the purposes of subsection (2)(b) above, any application made by [F2the designated officer for a magistrates' court] as required by section 10(3) of this Act shall be deemed to be made on the request of the person in whose favour the attachment of earnings order in question was made.
Textual Amendments
F1Words in s. 18(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 143(2); S.I. 2005/910, art. 3(y)
F2Words in s. 18(2)(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 143(3); S.I. 2005/910, art. 3(y)
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