|
| |
|
| |
(2) | It shall be a defence for a person charged with an offence under |
| |
subsection (1) to prove that the person took all reasonable steps to |
| |
comply with the requirements in question. |
| |
(3) | A person guilty of an offence under subsection (1) shall be liable on |
| 5 |
summary conviction to a fine not exceeding level two on the standard |
| |
| |
22 | Lump sum deduction orders |
| |
After section 32C of the Child Support Act 1991 (c. 48) (inserted by section 21 |
| |
| 10 |
“32D | Lump sum deductions: interim orders |
| |
(1) | The Commission may make an order under this section if it appears to |
| |
| |
(a) | that a person (referred to in this section and section 32E as “the |
| |
liable person”) has failed to pay an amount of child support |
| 15 |
| |
(b) | that an amount to which subsection (2) applies is due or |
| |
accruing to the liable person from another person (referred to in |
| |
this section and sections 32E to 32G as the “third party”). |
| |
(2) | This subsection applies to any amount— |
| 20 |
(a) | that stands to the credit of the liable person in an account (other |
| |
than a current account, a joint account or an account operated |
| |
wholly or partly as a trade and business account) with a |
| |
| |
(b) | that is of a prescribed description. |
| 25 |
(3) | An order under this section— |
| |
(a) | shall be expressed to be directed at the third party in question; |
| |
(b) | shall specify the amount of arrears of child support |
| |
maintenance in respect of which the Commission proposes to |
| |
make an order under section 32E; and |
| 30 |
(c) | while in force shall operate as an instruction to the third party |
| |
not to do anything that would reduce the amount to which |
| |
subsection (2) applies that is due or accruing to the liable person |
| |
from the third party below the amount specified in the order |
| |
(or, if already below that amount, that would further reduce it). |
| 35 |
(4) | If there is due or accruing to the liable person from the third party in |
| |
question more than one amount to which subsection (2) applies, |
| |
subsection (3)(c) shall have effect as if the reference to the amount to |
| |
which subsection (2) applies were to the total of the amounts so due or |
| |
accruing to which that subsection applies. |
| 40 |
(5) | Subsection (3)(c) has effect subject to such exceptions as may be |
| |
| |
(6) | An order under this section may specify an amount of arrears due |
| |
under a maintenance calculation which is the subject of an appeal only |
| |
if it appears to the Commission— |
| 45 |
|
| |
|
| |
|
(a) | that liability for the amount would not be affected were the |
| |
| |
(b) | where paragraph (a) does not apply, that the making of an order |
| |
under section 32E in respect of the amount would nonetheless |
| |
be fair in all the circumstances. |
| 5 |
(7) | The Commission shall serve a copy of any order made under this |
| |
| |
(a) | the third party at which it is directed; and |
| |
| |
(8) | An order under this section shall come into force at the time at which it |
| 10 |
is served on the third party at which it is directed. |
| |
(9) | An order under this section shall cease to be in force at the earliest of |
| |
| |
(a) | the time at which the prescribed period ends; |
| |
(b) | the time at which the order under this section lapses or is |
| 15 |
| |
(c) | the time at which an order under section 32E made in pursuance |
| |
of the proposal specified in the order under this section is |
| |
served on the third party at which that order is directed. |
| |
(10) | Where regulations have been made under section 29(3)(a), a person |
| 20 |
liable to pay an amount of child support maintenance is to be taken for |
| |
the purposes of this section to have failed to pay the amount unless it is |
| |
paid to or through the person specified in, or by virtue of, the |
| |
regulations for the case in question. |
| |
32E | Lump sum deductions: final orders |
| 25 |
(1) | The Commission may make an order under this section in pursuance of |
| |
a proposal specified in an order under section 32D if— |
| |
(a) | the order in which the proposal was specified (“the interim |
| |
| |
(b) | the period prescribed for the making of representations to the |
| 30 |
Commission in respect of the proposal specified in the interim |
| |
| |
(c) | the Commission has considered any representations made to it |
| |
| |
(2) | An order under this section— |
| 35 |
(a) | shall be expressed to be directed at the third party at which the |
| |
interim order was directed; and |
| |
(b) | shall specify the amount of arrears of child support |
| |
maintenance in respect of which it is made. |
| |
(3) | The amount so specified shall not exceed the amount of arrears |
| 40 |
specified in the interim order which remain unpaid at the time at which |
| |
the order under this section is made. |
| |
(4) | An order under this section may specify an amount of arrears due |
| |
under a maintenance calculation which is the subject of an appeal only |
| |
if it appears to the Commission— |
| 45 |
(a) | that liability for the amount would not be affected were the |
| |
| |
|
| |
|
| |
|
(b) | where paragraph (a) does not apply, that the making of an order |
| |
under this section in respect of the amount would nonetheless |
| |
be fair in all the circumstances. |
| |
(5) | The Commission shall serve a copy of any order made under this |
| |
| 5 |
(a) | the third party at which it is directed; and |
| |
| |
(6) | During the relevant period, an order under this section shall operate as |
| |
an instruction to the third party not to do anything that would reduce |
| |
the amount to which section 32D(2) applies that is due or accruing to |
| 10 |
the liable person from the third party below the amount specified in the |
| |
order (or, if already below that amount, that would further reduce it). |
| |
(7) | If there is due or accruing to the liable person from the third party in |
| |
question more than one amount to which section 32D(2) applies, |
| |
subsection (6) shall have effect as if the reference to the amount to |
| 15 |
which section 32D(2) applies were to the total of the amounts so due or |
| |
accruing to which that provision applies. |
| |
(8) | Subsection (6) has effect subject to such exceptions as may be |
| |
| |
(9) | Once the relevant period has ended, an order under this section shall |
| 20 |
operate as an instruction to the third party at which it is directed to pay |
| |
to the Commission the lesser of the following— |
| |
(a) | an amount equal to the amount of arrears specified in the order |
| |
which remain unpaid at that time; and |
| |
(b) | the amount to which section 32D(2) applies that is due or |
| 25 |
accruing to the liable person or, if there is more than one such |
| |
amount, the total of those amounts. |
| |
(10) | In this section “the relevant period” means (subject to subsection (11)) |
| |
the period which begins with the service of the order under this section |
| |
on the person at which it is directed and ends with the end of the period |
| 30 |
during which an appeal can be brought against the order by virtue of |
| |
regulations under section 32G. |
| |
(11) | If an appeal is brought by virtue of the regulations, the relevant period |
| |
ends at the time at which— |
| |
(a) | proceedings on the appeal (including any proceedings on a |
| 35 |
further appeal) have been concluded; and |
| |
(b) | any period during which a further appeal may ordinarily be |
| |
| |
32F | Continuing effect of orders under section 32E |
| |
(1) | This section applies if an amount of arrears specified in an order under |
| 40 |
section 32E remains unpaid after any payment required by section |
| |
| |
(2) | The order shall have effect until the relevant time as an instruction to |
| |
| |
(a) | to pay to the Commission any amount (not exceeding the |
| 45 |
remaining amount) to which section 32D(2) applies that is due |
| |
or accruing to the liable person from the third party; and |
| |
|
| |
|
| |
|
(b) | not to do anything else that would reduce any such amount. |
| |
(3) | Subsection (2)(b) has effect subject to such exceptions as may be |
| |
| |
| |
“the relevant time” means the earliest of the following— |
| 5 |
(a) | the time at which the remaining amount is paid; |
| |
(b) | the time at which the order lapses or is discharged; and |
| |
(c) | the time at which a prescribed event occurs or |
| |
prescribed circumstances arise; |
| |
“the remaining amount”, in relation to any time, means the |
| 10 |
amount of arrears specified in the order under section 32E |
| |
which remains unpaid at that time. |
| |
32G | Regulations about orders under section 32D or 32E |
| |
(1) | The Secretary of State may by regulations make provision with respect |
| |
to orders under section 32D or 32E. |
| 15 |
(2) | The regulations may, in particular, make provision— |
| |
(a) | as to conditions that are to be disregarded in determining |
| |
whether amounts to which section 32D(2) applies are amounts |
| |
due or accruing to the liable person; |
| |
(b) | as to the payment to the Commission of sums deducted under |
| 20 |
an order under section 32E; |
| |
(c) | allowing a third party which deducts and pays any amount |
| |
under an order under section 32E also to deduct a prescribed |
| |
amount towards the administrative costs incurred by it; |
| |
(d) | with respect to notifications to be given to the liable person as to |
| 25 |
amounts deducted, and amounts paid, under an order under |
| |
| |
(e) | requiring a third party at which an order under section 32D or |
| |
32E is directed to supply information of a prescribed |
| |
description to the Commission, or to notify the Commission if a |
| 30 |
prescribed event occurs or prescribed circumstances arise; |
| |
(f) | for the variation of an order under section 32D or 32E; |
| |
(g) | for an order under section 32D or 32E to lapse in such |
| |
circumstances as may be prescribed; |
| |
(h) | as to the revival of an order under section 32D or 32E in such |
| 35 |
circumstances as may be prescribed; |
| |
(i) | allowing or requiring an order under section 32D or 32E to be |
| |
| |
(3) | Where regulations under subsection (1) make provision for the |
| |
variation of an order under section 32D or 32E, the power to vary the |
| 40 |
order shall not be exercised so as to increase the amount of arrears of |
| |
child support maintenance specified in the order. |
| |
(4) | Regulations under sections 32D(5), 32E(8) and 32F(3) may include |
| |
provision requiring the Commission’s consent to be obtained in such |
| |
circumstances as may be prescribed before things which would |
| 45 |
otherwise be in breach of sections 32D(3)(c), 32E(6) and 32F(2)(b) may |
| |
| |
|
| |
|
| |
|
(5) | The Secretary of State may by regulations make provision with respect |
| |
to priority as between an order under section 32E and— |
| |
(a) | any other order under that section; |
| |
(b) | any order under any other enactment relating to England and |
| |
Wales which provides for payments to be made from amounts |
| 5 |
to which the order under section 32E relates; |
| |
(c) | any diligence done in Scotland against amounts to which the |
| |
order under section 32E relates. |
| |
(6) | The Secretary of State shall by regulations make provision for any |
| |
person affected by an order under section 32E to have a right to appeal |
| 10 |
to a magistrates’ court (or, in Scotland, to the sheriff) against the |
| |
| |
(7) | Where the Commission’s consent is required to be obtained as |
| |
mentioned in subsection (4), the Secretary of State may by regulations |
| |
provide for a person of a prescribed description to have a right to |
| 15 |
appeal to a magistrates’ court (or, in Scotland, to the sheriff) against the |
| |
withholding of that consent. |
| |
(8) | On an appeal under regulations under subsection (6), the court or (as |
| |
the case may be) the sheriff shall not question the maintenance |
| |
calculation by reference to which the order under section 32E was |
| 20 |
| |
(9) | Regulations under subsections (6) and (7) may include— |
| |
(a) | provision with respect to the period within which a right of |
| |
appeal under the regulations may be exercised; |
| |
(b) | provision with respect to the powers of a magistrates’ court (or, |
| 25 |
in Scotland, of the sheriff) in relation to an appeal under the |
| |
| |
32H | Lump sum deduction orders: offences |
| |
(1) | A person who fails to comply with the requirements of— |
| |
(a) | an order under section 32D or 32E; or |
| 30 |
(b) | any regulation under section 32G which is designated by the |
| |
regulations for the purposes of this paragraph, |
| |
| |
(2) | It shall be a defence for a person charged with an offence under |
| |
subsection (1) to prove that the person took all reasonable steps to |
| 35 |
comply with the requirements in question. |
| |
(3) | A person guilty of an offence under subsection (1) shall be liable on |
| |
summary conviction to a fine not exceeding level two on the standard |
| |
| |
23 | Administrative liability orders |
| 40 |
After section 32H of the Child Support Act 1991 (c. 48) (inserted by section 22 |
| |
|
| |
|
| |
|
| |
| |
(1) | If it appears to the Commission that a person has failed to pay an |
| |
amount of child support maintenance, it may make an order against the |
| |
person in respect of that amount. |
| 5 |
(2) | An order under subsection (1) (a “liability order”) may be made in |
| |
respect of an amount due under a maintenance calculation which is the |
| |
subject of an appeal only if it appears to the Commission— |
| |
(a) | that liability for the amount would not be affected were the |
| |
| 10 |
(b) | where paragraph (a) does not apply, that the making of a |
| |
liability order in respect of the amount would nonetheless be |
| |
fair in all the circumstances. |
| |
(3) | A liability order shall not come into force before— |
| |
(a) | the end of the period during which an appeal can be brought |
| 15 |
under section 32K against the making of the order, and |
| |
(b) | if an appeal is brought under section 32K, the time at which |
| |
proceedings on the appeal (including any proceedings on a |
| |
further appeal) have been concluded and any period during |
| |
which a further appeal may ordinarily be brought has ended. |
| 20 |
(4) | Where regulations have been made under section 29(3)(a), a person |
| |
liable to pay an amount of child support maintenance is to be taken for |
| |
the purposes of this section to have failed to pay the amount, unless it |
| |
is paid to or through the person specified in, or by virtue of, the |
| |
regulations for the case in question. |
| 25 |
32J | Regulations about liability orders |
| |
(1) | The Secretary of State may by regulations make provision with respect |
| |
| |
(2) | Regulations under subsection (1) may, in particular— |
| |
(a) | make provision about the form and content of a liability order; |
| 30 |
(b) | make provision for a liability order not to come into force if, |
| |
before it does so, the whole of the amount in respect of which it |
| |
| |
(c) | make provision for the discharge of a liability order; |
| |
(d) | make provision for the revival of a liability order in prescribed |
| 35 |
| |
32K | Appeals against liability orders |
| |
(1) | A person against whom a liability order is made may appeal to an |
| |
appeal tribunal against the making of the order. |
| |
(2) | The grounds on which an appeal may be brought under this section |
| 40 |
| |
(a) | that the person against whom the liability order is made has not |
| |
failed to pay an amount of child support maintenance; |
| |
(b) | that the amount in respect of which the liability order is made |
| |
exceeds the amount of child support maintenance which the |
| 45 |
person in respect of whom the order is made has failed to pay. |
| |
|
| |
|
| |
|
(3) | On an appeal under this section, the appeal tribunal shall not question |
| |
the maintenance calculation by reference to which the liability order is |
| |
| |
(4) | The Secretary of State may by regulations— |
| |
(a) | make provision with respect to the period within which a right |
| 5 |
of appeal under this section may be exercised; |
| |
(b) | make provision with respect to the powers of an appeal tribunal |
| |
in relation to an appeal under this section.” |
| |
24 | Enforcement in county courts |
| |
In section 36 of the Child Support Act 1991 (c. 48) (enforcement in county |
| 10 |
courts), in subsection (1) (under which the amount in respect of which a |
| |
liability order is made is recoverable by a third party debt order or charging |
| |
order as if it were payable under a county court order, but only if a county |
| |
court so orders), the words “, if a county court so orders,” are omitted. |
| |
25 | Disqualification for holding or obtaining travel authorisation |
| 15 |
Before section 40 of the Child Support Act 1991 insert— |
| |
“39B | Disqualification for holding or obtaining travel authorisation |
| |
(1) | The Commission may make an order under this section against a |
| |
| |
(a) | it has sought to recover an amount from the person by means of |
| 20 |
taking enforcement action by virtue of section 35 or 38, or by |
| |
means of a third party debt order or a charging order by virtue |
| |
| |
(b) | the whole or any part of the amount remains unpaid; and |
| |
(c) | the Commission is of the opinion that there has been wilful |
| 25 |
refusal or culpable neglect on the part of the person. |
| |
(2) | For the purposes of subsection (1)(a), the Commission is to be taken to |
| |
have sought to recover an amount by means of a charging order if an |
| |
interim charging order has been made, whether or not any further steps |
| |
have been taken to recover the amount. |
| 30 |
(3) | A person against whom an order under this section is made is |
| |
disqualified for holding or obtaining a travel authorisation while the |
| |
| |
(4) | Before making an order under this section against a person, the |
| |
Commission shall consider whether the person needs a travel |
| 35 |
authorisation in order to earn a living. |
| |
(5) | An order under this section shall specify the amount in respect of which |
| |
it is made, which shall be the aggregate of— |
| |
(a) | the amount sought to be recovered as mentioned in subsection |
| |
(1)(a), or so much of it as remains unpaid; and |
| 40 |
(b) | the amount which the person against whom the order under |
| |
this section is made is required to pay by the order under |
| |
| |
|
| |
|