Clause 76

The court by which an attachment of earnings order has been made shall, 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 shall be 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) of this section shall 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 him to the defendant while the application, or any appeal in consequence thereof, is pending:Provided that this subsection shall not apply as regards such payments if the said person subsequently withdraws the application or, as the case may be, abandons the appeal.