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Duty of defendant and employer to comply with attachment of earnings order

Women’s Charter 1961

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—(1) A person to whom an attachment of earnings order is directed must, despite anything in any other written law but subject to the provisions of this Part, comply with the order or, if the order is subsequently varied under section 83, with the order as so varied.(2) Where, on any occasion on which earnings fall to be paid to a defendant, there are in force 2 or more attachment of earnings orders relating to those earnings, then, for the purpose of complying with this Part, the employer must —(a)deal with those orders according to the respective dates on which they came into force disregarding any later order until all earlier orders have been dealt with; and(b)deal with any later order as if the earnings to which it relates were the residue of the defendant’s earnings after the making of any payment under this Part pursuant to any earlier order.(3) An employer who, pursuant to an attachment of earnings order, makes a payment under this Part must give to the defendant a statement in writing specifying the amount of that payment.(4) A person to whom an attachment of earnings order is directed who, at the time when a copy of the order is served on the person, has on no occasion during the period of one month immediately preceding that time been the defendant’s employer must forthwith give notice in writing to that effect in the prescribed form to the court which made the order.

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