Search Legislation

Attachment of Earnings Act 1971

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Attachment of Earnings Act 1971, Section 25 is up to date with all changes known to be in force on or before 15 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 25:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

25 General interpretation.E+W

(1)In this Act, except where the context otherwise requires—

  • administration order” means an order made under, and so referred to in, [F1Part VI of the County Courts Act 1984];

  • the court”, in relation to an attachment of earnings order, means the court which made the order, subject to rules of court as to the venue for, and the transfer of, proceedings in [F2the county court] and magistrates’ courts;

  • debtor” and “relevant adjudication” have the meanings given by section 2 of this Act;

  • the employer”, in relation to an attachment of earnings order, means the person who is required by the order to make deductions from earnings paid by him to the debtor;

  • [F3the fines officer”, in relation to a debtor who is subject to a collection order made under Schedule 5 to the Courts Act 2003, means any fines officer working at the fines office specified in that order;]

  • judgment debt” has the meaning given by section 2 of this Act;

  • F4. . .

  • maintenance order” has the meaning given by section 2 of this Act;

  • maintenance payments” means payments required under a maintenance order;

  • prescribed” means prescribed by rules of court; F5. . .

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6. . .

(2)Any reference in this Act to sums payable under a judgment or order, or to the payment of such sums, includes a reference to costs and the payment of them; and the references in sections 6(4) and 12(2) to relevant costs are to any costs of the proceedings in which the attachment of earnings order in question was made, being costs which the debtor is liable to pay.

(3)References in sections 6(5)(b), 9(3)(b) and 14(1)(a) of this Act to the debtor’s needs include references to the needs of any person F7 for whom he must, or reasonably may, provide.

(4)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any power to make rules which is conferred by this Act is without prejudice to any other power to make rules of court.

(6)This Act, so far as it relates to magistrates’ courts, and [F8Part III of the Magistrates’ Courts Act 1980] shall be construed as if this Act were contained in that Part.

(7)References in this Act to any enactment include references to that enactment as amended by or under any other enactment, including this Act.

Textual Amendments

F2Words in s. 25(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 25(6); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3S. 25: definition of "the fines officer" inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 44

F4Definition of “legal aid contribution order” in s. 25(1) repealed (2.4.2002) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 3(b)

F5S. 25(1): definition of "rules of court" and preceding word repealed (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 145, Sch. 10; S.I. 2004/2066, art. 2(c)(vii)(d)(ii) (with art. 3)

F6Words in s. 25(1) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources