C1 PART IXSATISFACTION AND ENFORCEMENT OF ORDERS

Annotations:
Modifications etc. (not altering text)

Attachment of earnings for enforcement of orders for the periodical payment of money

Power of court to determine whether particular payments are earnings107

1

Where an attachment of earnings order is in force a court of summary jurisdiction shall, on the application of either the employer or the debtor, 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 give effect to any determination for the time being in force under this Article.

2

Where an application under this Article 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 is pending; but this paragraph shall not unless a court of summary jurisdiction otherwise orders, apply as respects such payments if the employer subsequently withdraws the application.