Section 87

The court by which an attachment of earnings order has been made must, on the application of the person to whom the order is directed or of the defendant or of the person in whose favour the order was made, determine whether payments to the defendant of a particular class or description specified by the application are earnings for the purposes of that order; and the person to whom the order is directed is entitled to give effect to any determination for the time being in force under this subsection.

A person to whom an attachment of earnings order is directed who makes an application under subsection (1) does not incur any liability for failing to comply with the order as regards any payments of the class or description specified by the application which are made by the person to the defendant while the application, or any appeal in consequence thereof, is pending.

Subsection (2) does not apply as regards such payments if that person subsequently withdraws the application or abandons the appeal, as the case may be.