Administrative provisions
16 Power of court to determine whether particular payments are earnings.
(1)
Where an attachment of earnings order is in force, the court shall, on the application of a person specified in subsection (2) below, determine whether payments to the debtor of a particular class or description specified by the application are earnings for the purposes of the order; and the employer shall be entitled to give effect to any determination for the time being in force under this section.
(2)
The persons referred to in subsection (1) above are—
(a)
the employer;
(b)
the debtor;
(c)
the person to whom payment under the relevant adjudication is required to be made (whether directly or through an officer of any court); and
(d)
without prejudice to paragraph (c) above, where the application is in respect of an attachment of earnings order made to secure payments under a F1family court maintenance order, the collecting officer.
(3)
Where an application under this section is made by the employer, he shall not incur any liability for non-compliance with the order as respects any payments of the class or description specified by the application which are made by him to the debtor while the application, or any appeal in consequence thereof, is pending; but this subsection shall not, unless the court otherwise orders, apply as respects such payments if the employer subsequently withdraws the application or, as the case may be, abandons the appeal.