Attachment of Earnings Act 1971
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Change 1
SCHEDULE 5 Section 20 of Maintenance Orders Act 1958 as having effect in consequence of this Act
Section 27. Special provisions as to magistrates’ courts. 20 (1) Notwithstanding anything in this Act, the clerk of a magistrates’ court who is entitled to receive payments under a maintenance order for transmission to another person shall not apply for the registration of the maintenance order under Part I of this Act or give notice in relation to the order in pursuance of subsection (1) of section five thereof unless he is requested in writing to do so by a person entitled to receive the payments through him; and where the clerk is requested as aforesaid— (i) he shall comply with the request unless it appears to him unreasonable in the circumstances to do so; (ii) the person by whom the request was made shall have the same liabilities for all the costs properly incurred in or about any proceedings taken in pursuance of the request as if the proceedings had been taken by that person. (2) An application to a magistrates’ court by virtue of subsection (2) of section four of this Act for the variation of a maintenance order shall be made by complaint. (8) For the avoidance of doubt it is hereby declared that a complaint may be made to enforce payment of a sum due and unpaid under a maintenance order notwithstanding that a previous complaint has been made in respect of that sum or a part thereof and whether or not an order was made in pursuance of the previous complaint.
SCHEDULE 5 Section 20 of Maintenance Orders Act 1958 as having effect in consequence of this Act
Section 27. Special provisions as to magistrates’ courts. 20 (1) Notwithstanding anything in this Act, the clerk of a magistrates’ court who is entitled to receive payments under a maintenance order for transmission to another person shall not apply for the registration of the maintenance order under Part I of this Act or give notice in relation to the order in pursuance of subsection (1) of section five thereof unless he is requested in writing to do so by a person entitled to receive the payments through him; and where the clerk is requested as aforesaid— (i) he shall comply with the request unless it appears to him unreasonable in the circumstances to do so; (ii) the person by whom the request was made shall have the same liabilities for all the costs properly incurred in or about any proceedings taken in pursuance of the request as if the proceedings had been taken by that person. (2) An application to a magistrates’ court by virtue of subsection (2) of section four of this Act for the variation of a maintenance order shall be made by complaint. (8) For the avoidance of doubt it is hereby declared that a complaint may be made to enforce payment of a sum due and unpaid under a maintenance order notwithstanding that a previous complaint has been made in respect of that sum or a part thereof and whether or not an order was made in pursuance of the previous complaint.
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