PART VIIIPOWERS OF COURTS

Attachment of earnings by order of court

Interpretation of Articles 98 to 10597

1

In Articles 98 to 105—

  • “the court” means a court such as is mentioned in paragraph ( a) or ( b) of Article 98;

  • “debtor” and “creditor” include respectively, in relation to an attachment of earnings order which is, or is to be, made to secure payments under a maintenance order, the person liable to make payments under the maintenance order and the person entitled to those payments;

  • “maintenance order” means an order such as is mentioned in Article 98( a).

2

Where an attachment of earnings order is, or is to be, made to secure payments under a maintenance order, Article 3(5)( f) (exclusion of seamen's wages, with certain exceptions) shall not apply (and accordinglyF1 section 34(1)(a) of the Merchant Shipping Act 1995 (prohibition on attachment of certain seamen's wages) shall not apply).