OpenLegislation

Paragraph 6

England and Wales

(1)

The following provision shall have effect in the case of an attachment of earnings order to which paragraph 5 above F1and paragraph 6A below do not apply.

(2)

If on a pay-day the attachable earnings exceed the sum of—

(a)

the protected earnings; and

(b)

so much of any amount by which the attachable earnings on any previous pay-day fell short of the protected earnings as has not been made good by virtue of this sub-paragraph on another previous pay-day,

then, in so far as the excess allows, the employer shall deduct from the attachable earnings the amount specified in the following sub-paragraph.

(3)

The said amount is the sum of—

(a)

the normal deduction; and

(b)

so much of the normal deduction on any previous pay-day as was not deducted on that day and has not been paid by virtue of this sub-paragraph on any other previous pay-day.

(4)

No deduction shall be made on any pay-day when the attachable earnings are equal to, or less than, the protected earnings.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 6(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 45(a)

Notes on Schedule 3

Modifications

C1

Sch. 3 modified by S.I. 1989/438, reg. 37(2)

C2

Sch. 3 modified (1.4.1992) by S.I. 1992/613, reg. 42(2)(b).