Section 38

In relation to earnings falling to be paid by the Government or out of the Consolidated Fund, the earnings shall be treated as falling to be paid by the chief officer for the time being of the department, office or other body concerned.

If any question arises, in connection with any proceedings relating to an attachment of earnings order, as to what department, officer or other body is concerned for the purposes of this section, or as to who for those purposes is the chief officer thereof, that question shall be referred to and determined by the Minister of Finance, but the Minister of Finance shall not be under any obligation to consider reference under this subsection unless it is made by a court.

A document purporting to set out a determination of the Minister of Finance under subsection (2) and to be signed by an officer of the Ministry of Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and deemed to contain an accurate statement of such a determination unless the contrary is shown.

Penalties.