Attachment of Earnings Act 1971

General E+W

26 Transitional provision. E+W

(1) As from the appointed day, an attachment of earnings order made before that day under Part II of the M1 Maintenance Orders Act 1958 (including an order made under that Part of that Act as applied by section 46 or 79 of the M2 Criminal Justice Act 1967) shall take effect as an attachment of earnings order made under the corresponding power in this Act, and the provisions of this Act shall apply to it accordingly, so far as they are capable of doing so.

(2) Rules of court may make such provision as the rule-making authority considers requisite—

(a) for enabling an attachment of earnings order to which subsection (1) above applies to be varied so as to bring it into conformity, as from the appointed day, with the provisions of this Act, or to be replaced by an attachment of earnings order having effect as if made under the corresponding power in this Act;

(b) to secure that anything required or authorised by this Act to be done in relation to an attachment of earnings order made thereunder is required or, as the case may be, authorised to be done in relation to an attachment of earnings order to which the said subsection (1) applies.

(3) In this section, “the appointed day” means the day appointed under section 54 of the M3 Administration of Justice Act 1970 for the coming into force of Part II of that Act.

Modifications etc. (not altering text)

C1 2.8.1971 appointed by S.I. 1971/834

Marginal Citations

M1 1958 c. 39.

M2 1967 c. 80.

M3 1970 c. 31.

27 Consequential amendment of enactments. E+W

(1) In consequence of the repeals effected by this Act, section 20 of the M4 Maintenance Orders Act 1958 (which contains certain provisions about magistrates’ courts and their procedure), except subsection (6) of that section (which amends section 52(3) of the M5 Magistrates’ Courts Act 1952), shall have effect as set out in Schedule 5 to this Act.

(2) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 95(4) of the M6 Merchant Shipping Act 1970 (saving, in relation to fishermen’s wages, of provisions in Part II of the Administration of Justice Act 1970) for the words “Part II of the Administration of Justice Act 1970”there shall be substituted the words “ the Attachment of Earnings Act 1971 ”.

Textual Amendments

F1 S. 27(2) repealed by Insolvency Act 1976 (c. 60), s. 14(4), Sch. 3

Modifications etc. (not altering text)

C2 The text of ss. 27(3), 29(2) and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1958 c. 39.

M5 1952 c. 55.

M6 1970 c. 36

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 28 repealed with saving by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I

29 Citation, repeal, extent and commencement. E+W

(1) This Act may be cited as the Attachment of Earnings Act 1971.

(2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) This Act, except section 20(2), does not extend to Scotland and, except sections 20(2) . . . F3 does not extend to Northern Ireland.

(4) This Act shall come into force on the day appointed under section 54 of the Administration of Justice Act 1970 for the coming into force of Part II of that Act.

Textual Amendments

F3 Words repealed with saving by Northern Ireland Constitution Act 1973 (c. 36), s. 42, Sch. 6 Pt. I

Modifications etc. (not altering text)

C3 The text of ss. 27(3), 29(2) and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C4 2.8.1971 appointed by S.I. 1971/834