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Armed Forces Act 2006

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Armed Forces Act 2006, Section 356 is up to date with all changes known to be in force on or before 19 February 2025. 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. Help about Changes to Legislation

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356Avoidance of assignment of or charge on pay and pensions etcU.K.

This section has no associated Explanatory Notes

(1)Each of the following shall be void—

(a)every assignment (or, in Scotland, assignation) of any relevant pay or pension;

(b)every charge on any relevant pay or pension;

(c)every agreement to assign or charge any relevant pay or pension.

(2)In this section “relevant pay or pension” means any pay, pension, benefit, bounty, grant or allowance payable to any person in respect of his or any other person's service in Her Majesty's forces.

(3)No order may be made by a court the effect of which would be—

(a)to prevent any person from receiving any relevant pay or pension; and

(b)to direct payment of it to another person.

(4)Nothing in this section—

(a)applies to the making or variation of attachment of earnings orders or of earnings arrestments; or

(b)prejudices any enactment or subordinate legislation providing for the payment of any sum to—

(i)a bankrupt's trustee in bankruptcy, or

(ii)a [F1trustee in the sequestration of a person’s estate] under the Bankruptcy (Scotland) Act [F22016],

for distribution among creditors.

(5)In this section—

(a)“enactment” includes any provision of an Act of the Scottish Parliament or Northern Ireland legislation;

(b)the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.

Textual Amendments

Modifications etc. (not altering text)

C1S. 356 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 105(3)(4), 131(1)(2)(f)

Commencement Information

I1S. 356 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 356 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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