The Child Support (Collection and Enforcement) Regulations 1992

Priority as between orders E+W+S

24.—(1)  [F1 Where an employer would, but for this paragraph, be obliged, on any pay-day, to make deductions under two or more deduction from earnings orders he shall—

(a) deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with;

(b) deal with any later order as if the earnings to which it relates were the residue of the liable person’s earnings after the making of any deduction to comply with any earlier order.]

(2) Where an employer would, but for this paragraph, be obliged to comply with [F2 a deduction from earnings order] and one or more attachment of earnings orders he shall—

(a) in the case of an attachment of earnings order which was made either wholly or in part in respect of the payment of a judgment debt or payments under an administration order, deal first with the deduction from earnings order F3 ... and thereafter with the attachment of earnings order as if the earnings to which it relates were the residue of the liable person’s earnings after the making of deductions to comply with the deduction from earnings order F4 ...;

(b) in the case of any other attachment of earnings order [F5 he shall—

(i) deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with;

(ii) deal with any later order as if the earnings to which it relates were the residue of the liable person’s earnings after the making of any deduction to comply with any earlier order.]

“Attachment of earnings order” in this paragraph means an order made under the Attachment of Earnings Act 1971 M1 or under regulation 32 of the Community Charge (Administration and Enforcement) Regulations 1989 M2 [F6 or under regulation 37 of the Council Tax (Administration and Enforcement) Regulations 1992].

(3) Paragraph (2) does not apply to Scotland.

(4) In Scotland, where an employer would, but for this paragraph, be obliged to comply with [F7 a deduction from earnings order] and one or more diligences against earnings he shall deal first with the deduction from earnings order F8 ... and thereafter with the diligence against earnings as if the earnings to which the diligence relates were the residue of the liable person’s earnings after the making of deductions to comply with the deduction from earnings order F9 ....

Textual Amendments

F1 Reg. 24(1) omitted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(i)(i) (with reg. 6)

F2 Words in reg. 24(2) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(i)(iii)(aa) (with reg. 6)

F3 Words in reg. 24(2) omitted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(i)(iii)(bb) (with reg. 6)

F4 Words in reg. 24(2) omitted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(i)(iii)(bb) (with reg. 6)

F5 Words in reg. 24(2)(b) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(i)(ii) (with reg. 6)

F6 Words in reg. 24(2) inserted (5.4.1993) by S.I. 1993/913, reg. 1(1), 42

F7 Words in reg. 24(4) substituted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(i)(iii)(aa) (with reg. 6)

F8 Words in reg. 24(4) omitted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(i)(iii)(bb) (with reg. 6)

F9 Words in reg. 24(4) omitted (3.3.2003, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(5)(i)(iii)(bb) (with reg. 6)

Marginal Citations

M1 1971 c.32 .

M2 S.I. 1989/438 .