Child Maintenance and Other Payments Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
22

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—
20
(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.
25
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withdrawn or discontinued.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;
45
(b)
appeals against such orders; and
(c)
orders under section 39G.

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
23

(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;
15
(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—
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.
40
(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.
24

(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.
20
(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.
45

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
25

(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.
25
(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
30
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.
26

(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.
27

(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
25
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.
28

(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.