Part III Masters and Seamen

Wages etc.

34 Restriction on assignment of and charge upon wages.

1

As respects the wages due or accruing to a seaman employed in a United Kingdom ship—

a

the wages shall not be subject to attachment;

b

the wages shall not, in Scotland, be subject to any diligence other than those provided for in section 46(1) of the M1Debtors (Scotland) Act 1987;

c

an assignment thereof before they have accrued shall not bind the seaman and the payment of the wages to the seaman shall be valid notwithstanding any previous assignment or charge; and

d

a power of attorney or authority for the receipt of the wages shall not be irrevocable.

2

Nothing in this section shall affect the provisions of this Part with respect to allotment notes.

3

Nothing in this section applies to any disposition relating to the application of wages—

a

in the payment of contributions to a fund declared by regulations made by the Secretary of State to be a fund to which this section applies; or

b

in the payment of contributions in respect of the membership of a body declared by regulations made by the Secretary of State to be a body to which this section applies;

or to anything done or to be done for giving effect to such a disposition.

4

Subsection (1)(a) above is subject, in relation to England and Wales, to the M2Attachment of Earnings Act 1971.

5

Subsection (1)(a) above is subject to any provision made by or under—

a

section 31 or 33 of the M3Child Support Act 1991 (deductions from earnings orders); or

b

Article 31 or 32 of the M4Child Support (Northern Ireland) Order 1991 (deductions from earnings orders).