PART IIIS DILIGENCE AGAINST EARNINGS

Current maintenance arrestmentsS

54 Current maintenance arrestment to be preceded by default.S

(1)Subject to subsections (2) and (3) below, a current maintenance arrestment schedule may be served in pursuance of a maintenance order which is subsisting at the date of such service only if—

(a)the creditor has intimated to the debtor in the manner prescribed by Act of Sederunt—

(i)in the case of an order mentioned in paragraph (a) [F1, (aa)] or (b) of the definition of “maintenance order” in section 106 of this Act, the making of the order;

(ii)in the case of an order mentioned in paragraph (c), (e), (f), (g) [F2, (ga)] [F3, (h) or (k)] thereof, the registration mentioned in the paragraph concerned;

(iii)in the case of an order mentioned in paragraph (d) thereof, the confirmation of the order mentioned in that paragraph;

(b)at least 4 weeks have elapsed since the date of intimation under paragraph (a) above; and

(c)except where section 56 of this Act applies, at the time when it is proposed to serve the schedule, a sum not less than [F4one instalment] of maintenance remains unpaid.

(2)Subsection (1) above shall not apply where—

(a)the maintenance order is one that has been registered in Scotland as mentioned in paragraph (c), (e), (f) [F5, (g)[F6, (ga) or (k)]] of the said definition; and

(b)a certificate of arrears (within the meaning of section 21 of the M1Maintenance Orders (Reciprocal Enforcement) Act 1972) was produced to the court in Scotland which registered the order to the effect that at the time at which the certificate was issued the debtor was in arrears in his payment of instalments under the order.

(3)Where a current maintenance arrestment which was validly executed has ceased to have effect otherwise than by virtue of its recall under section 55(2) of this Act, the creditor may within 3 months after the date when the arrestment ceased to have effect execute another current maintenance arrestment without complying with subsection (1) above.

[F7(4)In subsections (1) and (2), “order” includes decision, settlement and instrument.

(5)In the case of a decision, settlement or instrument mentioned in paragraph (aa) of the definition of “maintenance order” in section 106, the reference in subsection (1)(a)(i) to the making of the order is to be construed as a reference—

(a)in the case of a decision, to the making of the decision;

(b)in the case of a settlement, to the approval by or, as the case may be, conclusion before a court of the settlement;

(c)in the case of an instrument, to the authentication by a competent authority of the instrument.]

Textual Amendments

F3Words in s. 54(1)(a)(ii) substituted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 1(2)(a)

F4Words in s. 54(1)(c) substituted (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(4) (with s. 9(2)); S.I. 1992/2644, art.2.

F6Words in s. 54(2)(a) substituted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 1(2)(b)

Marginal Citations