Married Women Act · 2014 Revised Edition · Part IV · Attachment of Earnings
34. Additional powers of court
Official textFrom Attorney General's Chambers, unchanged
Where proceedings relating to an attachment of earnings order are brought in any court, the court may, either before or at the hearing —
earnings
“earnings”, in relation to a defendant, means any sums payable to him — (a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service; (b) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss abolition or relinquishment, or any diminution in the emoluments, of any office or employment;
order the defendant to give to the court, within such period as may be specified by the order, a statement signed by him of —
the name and address of his employer, or of each of his employers if he has more than one;
such particulars as to the defendant’s earnings as may be so specified; and
such prescribed particulars as may be so specified for the purpose of enabling the defendant to be identified by any employer of his; and
order any person appearing to the court to be an employer of the defendant to give to the court, within such period as may be specified by the order, a statement signed by him or on his behalf of such particulars as may be specified by the order of all earnings of the defendant which fell to be paid by that person during such period as may be so specified.
A document purporting to be such a statement as is mentioned in subsection (1) shall, in any such proceedings as are so mentioned, be received in evidence and be deemed to be such a statement without further proof unless the contrary is shown.
Terms defined in s 3
defendant
Defined · s 3“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;
earnings
Defined · s 3“earnings”, in relation to a defendant, means any sums payable to him — (a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service; (b) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss abolition or relinquishment, or any diminution in the emoluments, of any office or employment;
employer
Defined · s 3“employer” means a person by whom, as a principal and not as an employee or agent, earnings fall to be paid to a defendant, and references to payment of earnings shall be construed accordingly;