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Attachment of Earnings Act 1971
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- s. 2 word inserted by S.I. 2012/2814 Sch. 4 para. 3(2)
- s. 2 word substituted by S.I. 2011/1484 Sch. 7 para. 4(2)(b)
- s. 2 words inserted by S.I. 2011/1484 Sch. 7 para. 4(2)(a)
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- Act amendment to earlier affecting provision SI 2004/176 reg. 4 by S.I. 2005/484 reg. 5
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- Act modified by S.I. 2006/502 art. 6
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- s. 1A inserted by S.I. 2006/1737 art. 36
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- s. 15A-15D inserted by 2007 c. 15 s. 92
- Sch. 3A inserted by 2007 c. 15 Sch. 15 para. 7
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/962 art. 2(3) commences (2002 c. 21)
- S.I. 2004/2066 art. 2 commences (2003 c. 39)
- S.I. 2005/910 art. 3(aa) art. 3(y) commences (2003 c. 39)
- S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
- S.I. 2006/2491 art. 2 commences (2006 c. 9)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/631 art. 2 commences (2008 c. 14)
2 Principal definitions.E+W
In this Act—
(a)“maintenance order” means any order specified in Schedule 1 to this Act and includes such an order which has been discharged if any arrears are recoverable thereunder;
(b)“High Court maintenance order”, “county court maintenance order” and “magistrates’ court maintenance order” mean respectively a maintenance order enforceable by the High Court, a county court and a magistrates’ court;
(c)“judgment debt” means a sum payable under—
(i)a judgment or order enforceable by a court in England and Wales (not being a magistrates’ court);
(ii)an order of a magistrates’ court for the payment of money recoverable summarily as a civil debt; or
(iii)an order of any court which is enforceable as if it were for the payment of money so recoverable,
but does not include any sum payable under a maintenance order or an administration order;
(d)“the relevant adjudication”, in relation to any payment secured or to be secured by an attachment of earnings order, means the conviction, judgment, order or other adjudication from which there arises the liability to make the payment; and
(e)“the debtor”, in relation to an attachment of earnings order, or to proceedings in which a court has power to make an attachment of earnings order, or to proceedings arising out of such an order, means the person by whom payment is required by the relevant adjudication to be made.
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