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Attachment of Earnings Act 1971
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Attachment of Earnings Act 1971, Section 11 is up to date with all changes known to be in force on or before 17 May 2024. 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.
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- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
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- s. 6(1A)(1B) inserted by 2007 c. 15 Sch. 15 para. 2(2) (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
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- s. 14(4A)(4B) inserted by 2007 c. 15 Sch. 15 para. 14
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- s. 23(1ZA) inserted by 2007 c. 15 Sch. 15 para. 21 (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
- s. 25(2)(c) words inserted by 2007 c. 15 Sch. 15 para. 22
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- Sch. 3A inserted by 2007 c. 15 Sch. 15 para. 7 (This affecting provision is amended (22.4.2014) by 2013 c. 22, Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3))
11 Attachment order in respect of maintenance payments to cease to have effect on the occurrence of certain events.E+W
(1)An attachment of earnings order made to secure maintenance payments shall cease to have effect—
(a)upon the grant of an application for registration of the related maintenance order under section 2 of the M1Maintenance Orders Act 1958 (which provides [F1for the registration in the family court of a High Court maintenance order);]
(b)where the related maintenance order is registered under Part I of the M2said Act of 1958, upon the giving of notice with respect thereto under section 5 of that Act (notice with view to cancellation of registration);
(c)subject to subsection (3) below, upon the discharge of the related maintenance order while it is not registered under Part I of the said Act of 1958;
(d)upon the related maintenance order ceasing to be registered in a court in England or Wales, or becoming registered in a court in Scotland or Northern Ireland, under Part II of the M3Maintenance Orders Act 1950.
(2)Subsection (1)(a) above shall have effect, in the case of an application for registration under section 2(1) of the said Act of 1958, notwithstanding that the grant of the application may subsequently become void under subsection (2) of that section.
(3)Where the related maintenance order is discharged as mentioned in subsection (1)(c) above and it appears to the court discharging the order that arrears thereunder will remain to be recovered after the discharge, that court may, if it thinks fit, direct that subsection (1) shall not apply.
Textual Amendments
F1Words in s. 11(1)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 27; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
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