Section 41 Requirements before making a deduction from earnings orderI1I2
England and Wales
Before making a deduction from earnings order in respect of a liable person, the Minister must give the liable person a notice inviting them to make representations about the proposed order.
The notice must include—
the terms of the proposed order,
a statement of the amount that is recoverable, and
the means by which, and the period within which, representations may be made.
The period must be at least 28 days beginning with the day after the day on which the notice is given.
The Minister must—
consider any representations received in accordance with the notice, and
in light of those representations—
decide whether to make a deduction from earnings order in respect of the liable person, and
make any changes to the terms of the proposed order that the Minister considers appropriate.
The Minister must give a copy of a notice under subsection (1) to the liable person’s employer.
If, following the giving of a notice under subsection (1), the Minister decides not to make the proposed deduction from earnings order, the Minister must, as soon as reasonably practicable—
give the liable person a notice to that effect, and
give a copy of the notice to the liable person’s employer.
Annotations
Commencement
- I1
S. 41 not in force at Royal Assent, see s. 109(1)
- I2
S. 41 in force at 1.4.2026 by S.I. 2026/371, reg. 2(a)