Section 356 Avoidance of assignment of or charge on pay and pensions etcI1I2C1
United Kingdom
Each of the following shall be void—
every assignment (or, in Scotland, assignation) of any relevant pay or pension;
every charge on any relevant pay or pension;
every agreement to assign or charge any relevant pay or pension.
In this section “relevant pay or pension” means any pay, pension, benefit, bounty, grant or allowance payable to any person in respect of his or any other person's service in Her Majesty's forces.
No order may be made by a court the effect of which would be—
to prevent any person from receiving any relevant pay or pension; and
to direct payment of it to another person.
Nothing in this section—
applies to the making or variation of attachment of earnings orders or of earnings arrestments; or
In this section—
“enactment” includes any provision of an Act of the Scottish Parliament or Northern Ireland legislation;
the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.
Annotations
Textual amendments
- F1
Words in s. 356(4)(b)(ii) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 30(a)
- F2
Word in s. 356(4)(b)(ii) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 30(b)
Modifications
- C1
S. 356 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 105(3)(4), 131(1)(2)(f)
Commencement
- I1
S. 356 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 356 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)