PART III DILIGENCE AGAINST EARNINGS
Current maintenance arrestments
51 General effect of current maintenance arrestment.
1
Subject to sections 58(2) and 69 of this Act, a current maintenance arrestment shall have the effect of requiring the employer of the debtor while the arrestment is in effect to deduct a sum calculated in accordance with section 53 of this Act from the debtor’s net earnings on every pay-day and as soon as is reasonably practicable to pay any sum so deducted to the creditor.
2
Subject to sections 59 and 62 of this Act, a current maintenance arrestment—
a
shallF1, subject to subsection (2A) below, come into effect on the date of its execution, being the date on which a schedule in the form prescribed by Act of Sederunt (to be known as a “current maintenance arrestment schedule”) is served on the employer of the debtor; and
b
shall remain in effect until the debtor has ceased to be employed by the employer concerned, or the arrestment has been recalled or abandoned by the creditor or has ceased to have effect under section 55(8) of this Act or for any other reason.
F22A
A current maintenance arrestment shall not come into effect unless, no earlier than 12 weeks before the date on which the current maintenance arrestment schedule is served, the creditor has provided the debtor with a debt advice and information package.
3
The expenses incurred in executing a current maintenance arrestment shall be recoverable from the debtor as an ordinary debt.
4
Subject to section 52(2)(b) of this Act, a current maintenance arrestment schedule shall specify the maintenance payable by the debtor expressed as a daily rate.
5
For the purposes of subsection (4) above the daily rate shall be arrived at—
a
where the maintenance is paid monthly, by multiplying the monthly rate by 12 and dividing it by 365;
b
where it is paid quarterly, by multiplying the quarterly rate by 4 and dividing it by 365.
6
No interest shall accrue on any arrears of the maintenance which arise while a current maintenance arrestment is in effect.