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Attachment of Earnings Act 1971

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This is the original version (as it was originally enacted).

25General interpretation

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

  • " administration order " means an order made under, and so referred to in, Part VII of the County Courts Act 1959 ;

  • " 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 county courts 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;

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

  • " legal aid contribution order" means an order under section 76 of the Criminal Justice Act 1967 ;

  • " 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; and

  • " rules of court", in relation to a magistrates' court, means rules under section 15 of the Justices of the Peace Act 1949; and, in relation to a magistrates' court, references to a single justice are to a justice of the peace acting for the same petty sessions area as the court.

(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 for whom he must, or reasonably may, provide.

(4)Earnings which, in pursuance of a scheme under the Dock Workers (Regulation of Employment) Act 1946, are paid to a debtor by a body responsible for the local administration of the scheme acting as agent for the debtor's employer or as delegate of the body responsible for the general administration of the scheme shall be treated for the purposes of this Act as paid to the debtor by the last-mentioned body acting as principal.

(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 Part III of the Magistrates' Courts Act 1952 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.

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