Child Maintenance and Other Payments Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.
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(6)
The Commission shall serve a copy of an order under this section
(together with a copy of the order under section 39G(1)) on the person
against whom it is made.
(7)
In this section “travel authorisation” means—
(a)
a United Kingdom passport (within the meaning of the
5
Immigration Act 1971);
(b)
an ID card issued under the Identity Cards Act 2006 that records
that the person to whom it has been issued is a British citizen.
39C
Period for which orders under section 39B are to have effect
(1)
An order under section 39B shall specify the period for which it is to
10
have effect, which (subject to any extension under section 39D or 39E)
shall not exceed 12 months.
(2)
That period shall begin to run with the first day after the end of the
period within which an appeal may be brought against the order under
section 39E(1), unless at that time the running of the period is
15
suspended (in which case it shall begin to run with the first day when
its running is no longer suspended).
(3)
On making an order under section 39B, the Commission may include
in the order provision suspending the running of the period for which
the order is to have effect until such day and on such conditions (if any)
20
as the Commission thinks fit.
(4)
After making such an order the Commission may by order suspend the
running of the period for which it has effect until such day and on such
conditions (if any) as the Commission thinks fit.
(5)
The powers conferred by subsections (3) and (4) may be exercised by
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the Commission only—
(a)
if the person against whom the order under section 39B is made
agrees to pay the amount specified in the order; or
(b)
if the Commission is satisfied that the suspension in question is
justified by exceptional circumstances.
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(6)
The Commission may make a further order under section 39B if the
amount specified in an order under that section has not been paid in
full by the end of the period for which the order has effect.
39D
Surrender of travel authorisations
(1)
A person against whom an order under section 39B is made who holds
35
any travel authorisation shall surrender the authorisation in the
prescribed manner and to the prescribed person within 7 days of the
beginning of any period for which the order has effect, or has effect
again following a period of suspension.
(2)
If immediately before the end of the period specified in subsection (1)
40
the person against whom the order under section 39B is made has a
good reason for not surrendering any travel authorisation to which the
duty under that subsection applies, the duty in relation to the
authorisation shall be discharged and the person shall instead
surrender the authorisation as soon as practicable after the end of that
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period.

Child Maintenance and Other Payments Bill
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(3)
The Secretary of State may by regulations make provision
prescribing circumstances in which a person is, or is not, to be regarded
for the purposes of subsection (2) as having a good reason for not
surrendering any travel authorisation to which the duty under
subsection (1) applies.
5
(4)
The requirements imposed by subsections (1) and (2) cease to have
effect if the period for which the order under section 39B has effect is
suspended or ends.
(5)
A person who fails to comply with a requirement imposed by
subsection (1) or (2) commits an offence.
10
(6)
A person guilty of an offence under subsection (5) shall be liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.
(7)
On sentencing a person for an offence under subsection (5) the court
may by order provide for the period for which the order under section
15
39B is to have effect to be extended by such period as may be specified
in the order under this subsection.
(8)
But the power conferred by subsection (7) may not be exercised so as to
provide for the order to have effect for a period exceeding 2 years in
total.
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(9)
In this section “travel authorisation” has the same meaning as in section
39B.
39E
Appeals against orders under section 39B
(1)
A person against whom an order is made under section 39B may appeal
to the court against the order within the period of 28 days beginning
25
with the first day on which that person had actual notice of the order.
(2)
Where an appeal is brought under subsection (1), the running of the
period for which the order has effect shall be suspended until the time
at which the appeal is determined, withdrawn or discontinued.
(3)
If the person against whom an order is made under section 39B does not
30
bring an appeal within the period specified in subsection (1), the court
may grant leave for an appeal to be brought after the end of that period
if prescribed conditions are satisfied.
(4)
On granting leave under subsection (3) the court may suspend the
running of the period for which the order has effect until such time and
35
on such conditions (if any) as it thinks just.
(5)
On an appeal under this section the court—
(a)
shall reconsider the exercise by the Commission of its powers
under section 39B; and
(b)
may by order affirm, vary or revoke the order under that
40
section.
(6)
On an appeal under this section the court shall not question—
(a)
the liability order by reference to which the Commission acted
as mentioned in section 39B(1)(a);
(b)
any liability order made against the same person after the order
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under section 39B was made; or

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.
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(c)
the maintenance calculation by reference to which any liability
order within paragraph (a) or (b) was made.
(7)
The power under subsection (5) to vary an order under section 39B
includes power to extend the period for which the order has effect; but
that power may not be exercised so as to provide for the order to have
5
effect for a period exceeding 2 years in total.
(8)
If, on appeal under this section, the court affirms or varies an order
under section 39B, the court shall substitute for the amount specified
under section 39B(5) the aggregate of—
(a)
the amount sought to be recovered as mentioned in section
10
39B(1)(a), or so much of it as remains unpaid;
(b)
the amount which the person against whom the order was
made is required to pay by the order under section 39G(1), so far
as remaining unpaid;
(c)
the amount which that person is required to pay by the order
15
under section 39G(2); and
(d)
if a liability order has been made against that person since the
order under section 39B was made, the amount in respect of
which the liability order was made, so far as remaining unpaid.
(9)
On the affirmation or variation of the order by the court, any existing
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suspension of the running of the period for which the order is to have
effect shall cease; but the court may suspend the running of that period
until such time and on such conditions (if any) as it thinks fit—
(a)
if the person against whom the order under section 39B was
made agrees to pay the amount specified in the order; or
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(b)
if the court is of the opinion that the suspension in question is
justified by exceptional circumstances.
(10)
If, on an appeal under this section, the court revokes the order made by
the Commission, the court shall also revoke the order made by the
Commission under section 39G(1) unless it is of the opinion that,
30
having regard to all the circumstances, it is reasonable to require the
person against whom the order under section 39B was made to pay the
costs incurred by the Commission in exercising its functions under that
section.
(11)
In this section “the court” means—
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(a)
in relation to England and Wales, a magistrates’ court;
(b)
in relation to Scotland, the sheriff.
39F
Power to order search
(1)
On an appeal under section 39E the court may order the person against
whom the order under section 39B was made to be searched.
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(2)
Any money found on such a search shall, unless the court otherwise
directs, be applied towards payment of any amount that would
otherwise, on the affirmation or variation of the order, be substituted
under section 39E(8) for the amount specified under section 39B(5); and
the balance (if any) shall be returned to the person searched.
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(3)
The court shall not allow the application under subsection (2) of money
found on the person if it is satisfied that the money does not belong to
the person searched.

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39G
Recovery of Commission’s costs
(1)
On making an order under section 39B the Commission shall also make
an order requiring the person against whom the order under section
39B is made to pay an amount (determined in accordance with
regulations made by the Secretary of State) specified in the order in
5
respect of the costs incurred by the Commission in exercising its
functions under section 39B.
(2)
If on an appeal under section 39E the court affirms or varies an order
made by the Commission under section 39B, the court shall also make
an order requiring the person against whom the order under section
10
39B was made to pay an amount (determined in accordance with
regulations made by the Secretary of State) specified in the order in
respect of the costs incurred by the Commission in connection with the
appeal.
(3)
Subsection (2) also applies in a case where, on an appeal under section
15
39E, the court revokes an order made by the Commission under section
39B, but only if the court is satisfied that, having regard to all the
circumstances, it is reasonable to require the person against whom the
order under section 39B was made to pay the costs in question.
(4)
The provisions of this Act with respect to—
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(a)
the collection of child support maintenance; and
(b)
the enforcement of an obligation to pay child support
maintenance,

apply equally (with any necessary modifications) to amounts which a
person is required to pay under this section.
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39H
Variation and revocation of orders following payment
(1)
If part of the amount specified in an order under section 39B is paid to
any person authorised to receive it, the Commission may, on an
application made by the person against whom the order is made, by
order—
30
(a)
reduce the period for which the order under section 39B is to
have effect; or
(b)
revoke the order under section 39B.
(2)
The power conferred by subsection (1) shall be exercisable by the court
instead of by the Commission at any time when an appeal brought
35
under section 39E against the order has not been determined,
withdrawn or discontinued.
(3)
If the whole of the amount specified in an order under section 39B is
paid to any person authorised to receive it, the Commission shall, on an
application made by the person against whom the order is made, by
40
order revoke the order under section 39B.
39I
Power to make supplementary provision
(1)
The Secretary of State may by regulations make provision with respect
to—
(a)
orders under section 39B;
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(b)
appeals against such orders; and
(c)
orders under section 39G.

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(2)
The regulations may, in particular, make provision—
(a)
as to the form and content of an order under section 39B;
(b)
as to the surrender of documents under section 39D, and their
return where the period for which an order under section 39B
has effect is suspended or has ended;
5
(c)
that a statement in writing to the effect that wages of any
amount have been paid to a person during any period,
purporting to be signed by or on behalf of the person’s
employer, shall be evidence (in Scotland, sufficient evidence) of
the facts stated for the purposes of an appeal under section 39E;
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(d)
permitting or requiring the court to dismiss an appeal brought
under section 39E where the person who brought the appeal
fails to appear at the hearing of the appeal;
(e)
requiring the court to send notice to the Commission of any
order made on an appeal under section 39E;
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(f)
as to the exercise by the Commission and the court of the power
conferred by section 39H(1);
(g)
as to the revival of an order under section 39B in such
circumstances as may be prescribed;
(h)
for sections 39C to 39H to have effect with prescribed
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modifications in cases where a person against whom an order
under section 39B has effect is outside the United Kingdom.”
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Curfew orders
After section 39I of the Child Support Act 1991 (c. 48) (inserted by section 25 of
this Act) insert—
25
“39J
Applications for curfew orders
(1)
The Commission may apply to the court for an order requiring a person
to remain, for periods specified in the order, at a place so specified (a
“curfew order”) where—
(a)
it has sought to recover an amount from the person by means of
30
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
of section 36;
(b)
the whole or any part of the amount remains unpaid; and
(c)
the Commission is of the opinion that there has been wilful
35
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.
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(3)
On an application for a curfew order the court shall (in the presence of
the person from whom the Commission has sought to recover the
amount) inquire as to—
(a)
the person’s means; and
(b)
whether there has been wilful refusal or culpable neglect on the
45
part of the person.
(4)
On an application for a curfew order the court shall not question—

Child Maintenance and Other Payments Bill
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(a)
the liability order by reference to which the Commission acted
as mentioned in subsection (1)(a); or
(b)
the maintenance calculation by reference to which that liability
order was made.
(5)
If, but only if, the court is of the opinion that there has been wilful
5
refusal or culpable neglect on the part of the person from whom the
Commission has sought to recover the amount, it may make a curfew
order against the person.
(6)
The court may not make a curfew order against a person who is under
the age of 18.
10
(7)
In this section and sections 39K to 39Q “the court” means—
(a)
in England and Wales, a magistrates’ court;
(b)
in Scotland, the sheriff.
39K
Curfew orders: duration etc.
(1)
The periods and places specified as mentioned in section 39J(1) may
15
include different periods and different places for different days, but
shall not include periods which amount to less than 2 hours or more
than 12 hours in any one day.
(2)
A curfew order shall specify the period for which the requirements
imposed by the order shall have effect.
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(3)
The period so specified—
(a)
shall not exceed 6 months; and
(b)
shall begin to run with the day on which the order is made
unless the order provides (subject to such conditions, if any, as
may be specified in the order) for it to begin to run with a later
25
day.
(4)
The court shall (so far as practicable) ensure that any requirement
imposed by a curfew order is such as to avoid—
(a)
any conflict with the religious beliefs of the person against
whom the order is made; and
30
(b)
any interference with the times (if any) at which that person
normally works or attends any educational establishment.
(5)
On making a curfew order—
(a)
a magistrates’ court may not specify in the order any place
outside England and Wales; and
35
(b)
the sheriff may not specify in the order any place outside
Scotland.
39L
Recovery of costs relating to curfew orders
(1)
On making a curfew order the court shall also make an order requiring
the person against whom the curfew order is made to pay an amount
40
(determined in accordance with regulations made by the Secretary of
State) specified in the order in respect of—
(a)
the costs of the application for the curfew order; and
(b)
the costs of monitoring compliance with the requirements
imposed by the curfew order.
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(2)
The provisions of this Act with respect to—
(a)
the collection of child support maintenance; and
(b)
the enforcement of an obligation to pay child support
maintenance,

apply equally (with any necessary modifications) to amounts which a
5
person is required to pay by an order under this section.
39M
Curfew orders: the amount due
(1)
A curfew order 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 section
10
39J(1)(a), or so much of it as remains unpaid; and
(b)
the amount which the person against whom the curfew order is
made is required to pay by the order under section 39L.
(2)
If part of the amount in respect of which a curfew order was made is
paid to any person authorised to receive it, the court may, on an
15
application by the Commission or the person against whom the curfew
order was made, by order—
(a)
reduce the period for which the requirements imposed by the
curfew order have effect;
(b)
provide for that period to begin to run with a day later than that
20
with which it would otherwise have begun to run;
(c)
suspend the running of that period, or provide for any existing
such suspension to be extended, until a day specified in the
order; or
(d)
revoke the curfew order.
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(3)
An order under subsection (2)(b) or (c) may include provision for its
effect to be subject to specified conditions.
(4)
On the hearing of an application made under subsection (2) the
Commission may make representations to the court as to which of the
powers conferred by that subsection it would be appropriate for the
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court to exercise, and the person against whom the curfew order was
made may reply to those representations.
(5)
If the whole of the amount in respect of which a curfew order was made
is paid to any person authorised to receive it, the court shall, on an
application by the Commission or the person against whom the order
35
was made, by order revoke the curfew order.
(6)
The Commission may make a further application under section 39J if
the amount in respect of which a curfew order was made has not been
paid in full when the requirements imposed by the order cease to have
effect.
40
39N
Power to order search
(1)
On making a curfew order, the court may order the person against
whom the order is made to be searched.
(2)
Any money found on such a search shall, unless the court otherwise
directs, be applied towards payment of the amount in respect of which
45
the curfew order is made; and the balance (if any) shall be returned to
the person searched.