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Section 31 Deduction from earnings orders.I1C1C2

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.

(2)

The F1Secretary of State may make an order (“a deduction from earnings order”) against a liable person to secure the payment of any amount due under the F2maintenance calculation in question.

(3)

A deduction from earnings order may be made so as to secure the payment of—

(a)

arrears of child support maintenance payable under the F3calculation;

(b)

amounts of child support maintenance which will become due under the calculation; or

(c)

both such arrears and such future amounts.

(4)

A deduction from earnings order—

(a)

shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and

(b)

shall have effect from such date as may be specified in the order.

(5)

A deduction from earnings order shall operate as an instruction to the employer to—

(a)

make deductions from the liable person’s earnings; and

(b)

pay the amounts deducted to the F4Secretary of State.

(6)

The F5Secretary of State shall serve a copy of any deduction from earnings order made under this section on—

(a)

the person who appears to the Secretary of State to have the liable person in question in his employment; and

(b)

the liable person.

(7)

Where—

(a)

a deduction from earnings order has been made; and

(b)

a copy of the order has been served on the liable person’s employer,

it shall be the duty of that employer to comply with the order; but he shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the date on which the copy was served on him.

(8)

In this section and in section 32 “earnings” has such meaning as may be prescribed.

Annotations

Textual amendments

F1

Words in s. 31(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 32(a)

F2

Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3

Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F4

Words in s. 31(5)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 32(a)

F5

Words in s. 31(6) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 32(b)

Modifications

C1

S. 31 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3; s. 31 applied (with modifications) (S.) (5.4.1993) by S.I. 1992/2643, reg.4

C2

Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))

Commencement

I1

S. 31 wholly in force; s. 31 not in force at Royal Assent see s. 58(2); s. 31(8) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 31 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2