Paragraph 13 VariationF1
The Secretary of State may vary a direct deduction order (whether after an application by an account holder or otherwise).
The provisions in this paragraph apply in relation to any variation of a direct deduction order, including one that results from a review under paragraph 18.
Where the Secretary of State proposes to vary a direct deduction order other than under sub-paragraph (7), the Secretary of State must give—
the liable person, and
in the case of a joint account, each of the other account holders,
an opportunity to make representations about the proposed variation.
The Secretary of State may comply with sub-paragraph (3) at the same time as complying with paragraph 12(2).
A variation to a direct deduction order takes effect when the Secretary of State gives the varied order to the bank or, if later, in accordance with the terms of the order as varied.
The Secretary of State must give a copy of the varied order to the liable person and, in the case of a joint account holder, each other account holder.
The Secretary of State may vary a direct deduction order so that the order applies to another account held by the liable person (including an account administered by a different bank) only if—
the variation is requested by the liable person, and
if the other account is a joint account, each of the other account holders consents.
Where a direct deduction order is varied under sub-paragraph (7)—
if the order is varied so that it applies to an account administered by another bank—
the reference in sub-paragraph (5) to “the bank” is to the bank which administers that account, and
the Secretary of State must notify the bank given the original order of the effect of the variation, and
if the order is varied so that it applies to a joint account—
the requirement in sub-paragraph (6) is to give a copy of the order to each other holder of that joint account, and
if the original order applied to a joint account, the Secretary of State must notify each other holder of that joint account of the effect of the variation.
The steps set out in paragraphs 3 to 5 do not apply to a decision to vary a direct deduction order.
Annotations
Textual amendments
- F1
Sch. 3ZA inserted (2.12.2025 but only for the purposes of making regulations, 24.6.2026 in so far as not already in force) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), s. 109(2)(b), Sch. 5 (with s. 105); S.I. 2026/601, reg. 2(1)(g)