[F1Priority as between orders – regular deduction ordersE+W+S
25H.—(1) Paragraphs (2) to (5) apply where one or more third party debt orders or garnishee orders provide for deductions to be made from the same account as that specified in a regular deduction order.
(2) Where—
(a)one or more third party debt orders or garnishee orders are served on a deposit-taker before or on the day a payment is due to be made under a regular deduction order; and
(b)the regular deduction order was served on the same deposit-taker before those orders,
the deposit-taker must make that payment except where the deposit-taker has taken action to comply with the obligations under any third party debt order or garnishee order.
(3) Where a regular deduction order is served after an interim third party debt order or a garnishee order nisi the deposit-taker must take action to comply with any of those orders before making a deduction under the regular deduction order.
(4) Where paragraph (2) or (3) applies, the deposit-taker must take action to comply with any third party debt orders or garnishee orders before making further deductions under the regular deduction order.
(5) Where a decision to revive a regular deduction order takes effect on the same day as or any day after a third party debt order or garnishee order has been served, the deposit-taker must take action to comply with any of those orders before making a deduction under the regular deduction order.
(6) Paragraphs (1) to (5) do not apply to Scotland.
(7) In Scotland, paragraphs (8) to (10) apply where a deposit-taker receives one or more arrestment schedules (“arrestments”) and a regular deduction order which apply to the same account.
(8) Where—
(a)one or more arrestments are served on a deposit-taker before or on the day a payment is due to be made under a regular deduction order; and
(b)the regular deduction order was served on the same deposit-taker before any of those arrestments,
the deposit-taker must make that payment except where the deposit-taker has taken action to comply with the obligations under any of the arrestments.
(9) Where paragraph (8) applies, the deposit-taker must take action to comply with any of those arrestments before making further deductions under the regular deduction order.
(10) Where a decision to revive a regular deduction order takes effect on the same day as or any day after any arrestments have been served, the deposit-taker must take action to comply with any of those arrestments before making a deduction under the regular deduction order.]
Textual Amendments
F1Pt. 3A inserted (3.8.2009) by Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009 (S.I. 2009/1815), regs. 1(1), 2