Naval Forces (Enforcement of Maintenance Liabilities) Act 1947
| Jurisdiction | UK Non-devolved |
| Citation | 1947 c. 24 |
| Year | 1947 |
Naval Forces (Enforcement of Maintenance Liabilities) Act, 1947
(10 & 11 Geo. 6.) CHAPTER 24.
An Act to authorise deductions under the Naval and Marine Pay and Pensions Act, 1865, for the maintenance of wives and children; to restrict the discontinuance of allotments of pay; and for purposes connected with the matters aforesaid.
[29th April 1947]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Deductions from pay in respect of liabilities for maintenance, etc.
(1) Section three of the Naval and Marine Pay and Pensions Act, 1865 (which provides that pay, pensions and certain other moneys payable in respect of service in His Majesty's naval or marine force shall be paid in such manner and subject to such restrictions, conditions and provisions as are from time to time directed by Order in Council) shall have effect as if the expression ‘restrictions’, in relation to the pay of a person being an officer, seaman or marine, included deductions for the purpose of providing, to such extent and in such circumstances as may be specified in the Order in Council,—
(a ) for the maintenance of the wife and children (whether legitimate or illegitimate) of that person;
(b ) for the payment of any sum adjudged as costs, or awarded as expenses, incurred in obtaining against that person an order or decree of any court in His Majesty's dominions in respect of the maintenance of his wife and any such children of his as aforesaid:
Provided that no deduction from pay shall be made under this subsection greater than will leave to the person from whose pay the deduction is made (subject, however, to the making of any other deduction authorised by or under any Act) not less than four-sevenths of his pay if he is an officer, and otherwise not less than one-third of his pay if he is not below the rank of petty officer or, if a marine, the rank of sergeant, and otherwise not less then one quarter of his pay.
(2) No deduction from pay shall be made under the last foregoing subsection in liquidation of a sum adjudged to be paid by an order or decree of any court unless such authority as may be specified by Order in Council under section three of the said Act of 1865 is satisfied that the person against whom the order or decree was made has had a reasonable opportunity of appearing himself, or has appeared by a duly authorised legal representative, to defend the case before the court by which the order or decree was made; and a certificate purporting to be a certificate of the commanding officer of the ship in which he was or is serving, or on the books of which he was or is borne, that the person has been prevented by the requirements of the service from...
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