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Local Government Act 2003

Paragraph 54: Exercise of powers by the NAW under section 80

183.Paragraph 54 of Schedule 7 amends Schedule 4 to the LGFA 1992 in consequence of subsections (2) and (3) of section 80. These subsections refer to prescribed amounts in relation to the costs of the application for commitment which can be included in the attachment of earnings order.

184.Paragraph 54 of Schedule 7 defines prescribed as prescribed in regulations made by the Secretary of State, in relation to England, and by the NAW in relation to Wales. Because subsections (2) and (3) confer a new power on the Secretary of State to prescribe amounts in regulations, this power has not already been devolved to the NAW under the National Assembly for Wales (Transfer of Functions) Order 1998 (S.I. 1998/672) which provided for other functions under Schedule 4 (except those under paragraph 6) to be exercisable by the NAW.

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