Child Maintenance and Other Payments Bill

House of Commons

Session 2007 - 08
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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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(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
during which an appeal can be brought against the order by virtue of
regulations under section 32G.
5
(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
further appeal) have been concluded; and
(b)
any period during which a further appeal may ordinarily be
10
brought has ended.
32F
Continuing effect of orders under section 32E
(1)
This section applies if an amount of arrears specified in an order under
section 32E remains unpaid after any payment required by section
32E(9) has been made.
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(2)
The order shall have effect until the relevant time as an instruction to
the third party—
(a)
to pay to the Commission any amount (not exceeding the
remaining amount) to which section 32D(2) applies that is due
or accruing to the liable person from the third party; and
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(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
prescribed.
(4)
In this section—
“the relevant time” means the earliest of the following—
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(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
30
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.
35
(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
40
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
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amounts deducted, and amounts paid, under an order under
section 32E;

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
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(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
prescribed event occurs or prescribed circumstances arise;
(f)
for the variation of an order under section 32D or 32E;
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(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
circumstances as may be prescribed;
(i)
allowing or requiring an order under section 32D or 32E to be
10
discharged.
(3)
Where regulations under subsection (1) make provision for the
variation of an order under section 32D or 32E, the power to vary the
order shall not be exercised so as to increase the amount of arrears of
child support maintenance specified in the order.
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(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
otherwise be in breach of sections 32D(3)(c), 32E(6) and 32F(2)(b) may
be done.
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(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
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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
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to a magistrates’ court (or, in Scotland, to the sheriff) against the
making of the order.
(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
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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
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made.
(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,
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in Scotland, of the sheriff) in relation to an appeal under the
regulations.

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
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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
(b)
any regulation under section 32G which is designated by the
regulations for the purposes of this paragraph,
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commits an offence.
(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
10
summary conviction to a fine not exceeding level two on the standard
scale.”
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Administrative liability orders
After section 32H of the Child Support Act 1991 (c. 48) (inserted by section 22
of this Act) insert—
15
“32I
Liability orders
(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.
(2)
An order under subsection (1) (a “liability order”) may be made in
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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
appeal to succeed, or
(b)
where paragraph (a) does not apply, that the making of a
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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
under section 20 against the making of the order, and
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(b)
if an appeal is brought under section 20, 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.
(4)
Where regulations have been made under section 29(3)(a), a person
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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.
32J
Regulations about liability orders
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(1)
The Secretary of State may by regulations make provision with respect
to liability orders.
(2)
Regulations under subsection (1) may, in particular—
(a)
make provision about the form and content of a liability order;

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Part 3 — Child support etc.
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(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
is made is paid;
(c)
make provision for the discharge of a liability order;
(d)
make provision for the revival of a liability order in prescribed
5
circumstances.
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Enforcement in county courts
In section 36 of the Child Support Act 1991 (c. 48) (enforcement in county
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
10
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.
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Disqualification for holding or obtaining travel authorisation
Before section 40 of the Child Support Act 1991 insert—
“39B
Disqualification for holding or obtaining travel authorisation
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(1)
The Commission may make an order under this section against a
person where—
(a)
it has sought to recover an amount from the person by means of
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
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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
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
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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.
(3)
A person against whom an order under this section is made is
disqualified for holding or obtaining a travel authorisation while the
30
order has effect.
(4)
Before making an order under this section against a person, the
Commission shall consider whether the person needs a travel
authorisation in order to earn a living.
(5)
An order under this section shall specify the amount in respect of which
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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
(b)
the amount which the person against whom the order under
this section is made is required to pay by the order under
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section 39G(1).
(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.

Child Maintenance and Other Payments Bill
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(7)
In this section “travel authorisation” means—
(a)
a United Kingdom passport (within the meaning of the
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.
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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
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
10
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
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
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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)
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
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conditions (if any) as the Commission thinks fit.
(5)
The powers conferred by subsections (3) and (4) may be exercised by
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
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(b)
if the Commission is satisfied that the suspension in question is
justified by exceptional circumstances.
(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.
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39D
Surrender of travel authorisations
(1)
A person against whom an order under section 39B is made who holds
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
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again following a period of suspension.
(2)
If immediately before the end of the period specified in subsection (1)
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
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authorisation shall be discharged and the person shall instead
surrender the authorisation as soon as practicable after the end of that
period.
(3)
The Secretary of State may by regulations make provision
prescribing circumstances in which a person is, or is not, to be regarded
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for the purposes of subsection (2) as having a good reason for not

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surrendering any travel authorisation to which the duty under
subsection (1) applies.
(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
(5)
A person who fails to comply with a requirement imposed by
subsection (1) or (2) commits an offence.
(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.
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(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
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
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provide for the order to have effect for a period exceeding 2 years in
total.
(9)
In this section “travel authorisation” has the same meaning as in section
39B.
39E
Appeals against orders under section 39B
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(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
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
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at which the appeal is determined, withdrawn or discontinued.
(3)
If the person against whom an order is made under section 39B does not
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.
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(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
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
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under section 39B; and
(b)
may by order affirm, vary or revoke the order under that
section.
(6)
On an appeal under this section the court shall not question—
(a)
the liability order by reference to which the Commission acted
40
as mentioned in section 39B(1)(a);
(b)
any liability order made against the same person after the order
under section 39B was made; or
(c)
the maintenance calculation by reference to which any liability
order within paragraph (a) or (b) was made.
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Child Maintenance and Other Payments Bill
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(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
effect for a period exceeding 2 years in total.
(8)
If, on appeal under this section, the court affirms or varies an order
5
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
39B(1)(a), or so much of it as remains unpaid;
(b)
the amount which the person against whom the order was
10
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
under section 39G(2); and
(d)
if a liability order has been made against that person since the
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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
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
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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
(b)
if the court is of the opinion that the suspension in question is
justified by exceptional circumstances.
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(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,
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
30
costs incurred by the Commission in exercising its functions under that
section.
(11)
In this section “the court” means—
(a)
in relation to England and Wales, a magistrates’ court;
(b)
in relation to Scotland, the sheriff.
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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.
(2)
Any money found on such a search shall, unless the court otherwise
directs, be applied towards payment of any amount that would
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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.
(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
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the person searched.