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Child Maintenance and Other Payments Bill


Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

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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withdrawn or discontinued.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

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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;

45

(b)   

appeals against such orders; and

(c)   

orders under section 39G.

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

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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;

10

(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

20

modifications in cases where a person against whom an order

under section 39B has effect is outside the United Kingdom.”

26      

Curfew orders

After section 39I of the Child Support Act 1991 (c. 48) (inserted by section 25 of

this Act) insert—

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“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

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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

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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
Part 3 — Child Support etc.

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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

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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

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(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

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(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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Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

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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.

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

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(3)   

The court shall not allow the application under subsection (2) of money

found on a search under this section if it is satisfied that the money does

not belong to the person searched.

(4)   

The court may exercise the powers conferred on it by section 39M(2)

and (5) without the need for an application where money found on a

5

search under this section is applied towards payment of the amount in

respect of which a curfew order is made.

39O     

Monitoring of curfew orders

(1)   

A curfew order shall—

(a)   

provide for a person’s compliance with the requirements

10

imposed by the order to be monitored; and

(b)   

make a person specified in the order responsible for that

monitoring.

(2)   

The court may not make a curfew order unless—

(a)   

it has been notified by the Commission that arrangements for

15

monitoring compliance with the requirements imposed by such

orders are available in the area in which the place proposed to

be specified in the order is situated and the notice has not been

withdrawn;

(b)   

it is satisfied that the necessary provision can be made under

20

those arrangements; and

(c)   

it has the consent of any person (other than the person against

whom the order is to be made) whose co-operation is necessary

to secure the monitoring of compliance with the requirements

imposed by the order.

25

(3)   

If a curfew order cannot be made because of the absence of any consent

required by subsection (2)(c), the court may treat the application for the

order as an application under section 40 (or, in the case of an

application made to the sheriff, as an application under section 40A).

(4)   

The Secretary of State may by regulations make provision as to—

30

(a)   

the cases or circumstances in which the person responsible for

monitoring a person’s compliance with the requirements

imposed by a curfew order may allow that person to be absent

from the place specified in the curfew order during a period so

specified; and

35

(b)   

the requirements which may be imposed in connection with

such an absence.

39P     

Breaches of curfew orders

(1)   

The person responsible for monitoring a person’s compliance with the

requirements imposed by a curfew order, or the Commission, may

40

apply to the court where it appears that the person subject to the

requirements in question has failed to comply with—

(a)   

any of those requirements; or

(b)   

any requirements imposed by virtue of section 39O(4).

(2)   

On any such application the court shall (in the presence of the person

45

subject to the requirements in question) inquire as to whether the

person has failed without reasonable excuse to comply with any of

those requirements.

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

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(3)   

If the court is of the opinion that the person has failed without

reasonable excuse to comply with any of those requirements, it may—

(a)   

issue a warrant of commitment against that person; or

(b)   

by order provide for the requirements imposed by the curfew

order to have effect for a specified further period.

5

(4)   

A warrant issued under subsection (3)(a) shall order the person against

whom it is issued—

(a)   

to be imprisoned for a period specified in the warrant; but

(b)   

to be released (unless in custody for some other reason) on

payment of the amount in respect of which the curfew order in

10

question was made.

(5)   

A warrant issued under subsection (3)(a) may be directed to such

person or persons as the court issuing it thinks fit.

(6)   

The power conferred by subsection (3)(b) may not be exercised so as to

provide for the requirements imposed by the curfew order to have

15

effect for a period exceeding 6 months after the making of the order

under that subsection.

(7)   

Where, following the issue of a warrant under subsection (3)(a), part of

the amount specified in the curfew order is paid to any person

authorised to receive it, the court may, on an application by the

20

Commission or the person against whom the warrant was issued—

(a)   

reduce the period specified in the warrant; or

(b)   

order the release of the person against whom the warrant was

issued.

(8)   

On the hearing of an application made under subsection (7) the

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Commission may make representations to the court as to which of the

powers conferred by that subsection it would be appropriate for the

court to exercise, and the person against whom the warrant was issued

may reply to those representations.

39Q     

Effect of custody on curfew orders and power to make curfew orders

30

(1)   

The court may not make a curfew order against a person at any time

when the person is in custody for any reason.

(2)   

The running of the period during which the requirements imposed by

a curfew order have effect shall be suspended for the whole of any day

during any part of which the person against whom the order is made is

35

in custody for any reason.

(3)   

If the period during which the requirements imposed by a curfew order

have effect would have begun to run but for its being suspended by

virtue of this section, that period shall instead begin to run with the first

day when its running is no longer suspended.

40

39R     

Power to make supplementary provision about curfew orders:

England and Wales

(1)   

The Secretary of State may by regulations make provision for England

and Wales with respect to curfew orders.

(2)   

The regulations may, in particular, make provision—

45

(a)   

as to the form and content of a curfew order;

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child Support etc.

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(b)   

allowing an application for a curfew order to be renewed where

no curfew order is made;

(c)   

that a statement in writing to the effect that wages of any

amount have been paid during any period to a person,

purporting to be signed by or on behalf of that person’s

5

employer, shall be evidence of the facts stated;

(d)   

that a justice of the peace may issue a summons to a person to

appear before a magistrates’ court and (if that person does not

appear) may issue a warrant for that person’s arrest;

(e)   

that, for the purpose of securing a person’s presence before a

10

magistrates’ court, a justice of the peace may issue a warrant for

that person’s arrest without issuing a summons;

(f)   

as to the execution of a warrant for arrest;

(g)   

for the amendment or revocation of requirements imposed by a

curfew order, on an application made to a magistrates’ court by

15

the Commission or the person against whom the order was

made;

(h)   

similar to that made by sections 39L, 39N and 39O(2) and (3), in

relation to any amendment of a curfew order;

(i)   

as to the exercise by a magistrates’ court of the powers

20

conferred by sections 39M(2) and (3) and 39P(7).

(3)   

Regulations under subsection (2)(g) may confer power on a

magistrates’ court to substitute for the place or places specified in the

order a place or places in Scotland.

(4)   

Where a magistrates’ court exercises such a power, the functions of the

25

magistrates’ court in relation to the order as so amended shall be

exercisable instead by the sheriff.

39S     

Power to make supplementary provision about curfew orders:

Scotland

(1)   

The Secretary of State may by regulations make provision for Scotland

30

with respect to curfew orders.

(2)   

The regulations may, in particular, make provision—

(a)   

as to the content of a curfew order;

(b)   

that a statement in writing to the effect that wages of any

amount have been paid during any period to a person,

35

purporting to be signed by or on behalf of that person’s

employer, shall be sufficient evidence of the facts stated;

(c)   

for the amendment or revocation of requirements imposed by a

curfew order, on an application made to the sheriff by the

Commission or the person against whom the order was made;

40

(d)   

similar to that made by sections 39L, 39N and 39O(2) and (3), in

relation to any amendment of a curfew order;

(e)   

as to the exercise by the sheriff of the powers conferred by

sections 39M(2) and (3) and 39P(7).

(3)   

Regulations under subsection (2)(c) may confer power on the sheriff to

45

substitute for the place or places specified in the order a place or places

in England and Wales.

 
 

 
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