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Section 40 Content and effect of deduction from earnings ordersI1I2

England and Wales

(1)

A deduction from earnings order must set out—

(a)

the amounts to be deducted or a method for calculating those amounts,

(b)

the periods in relation to which those amounts are to be deducted (the “affected periods”),

(c)

when amounts are to be deducted and paid to the Minister, and

(d)

the penalties that may be imposed for a failure to comply (see section 54).

(2)

The Minister must give—

(a)

the deduction from earnings order to the liable person’s employer, and

(b)

a copy of the order to the liable person.

(3)

A deduction from earnings order may not require an amount to be deducted from the liable person’s earnings before the end of the period of 22 days beginning with the day on which the order is given to the employer.

(4)

An employer must comply with a deduction from earnings order.

Annotations

Commencement

I1

S. 40 not in force at Royal Assent, see s. 109(1)

I2

S. 40 in force at 1.4.2026 by S.I. 2026/371, reg. 2(a)