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.
29

(4)
Where the sheriff exercises such a power, the functions of the sheriff in
relation to the order as so amended shall be exercisable instead by a
magistrates’ court.
(5)
The power of the Court of Session by Act of Sederunt to regulate the
procedure and practice in civil proceedings in the sheriff court shall
5
include power to make provision—
(a)
as to the form of a curfew order;
(b)
allowing an application for a curfew order to be renewed where
no curfew order is made;
(c)
that the sheriff may issue a citation to a person to appear before
10
the sheriff and (if the person does not appear) may issue a
warrant for the person’s arrest;
(d)
that, for the purpose of securing a person’s presence before the
sheriff, the sheriff may issue a warrant for the person’s arrest
without issuing a citation;
15
(e)
as to the execution of a warrant of arrest.”
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Commitment to prison
(1)
In section 40 of the Child Support Act 1991 (c. 48) (commitment to prison),
before subsection (3) insert—
“(2A)
The Commission may apply to a magistrates’ court for the issue of a
20
warrant committing a person to prison 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
of section 36;
25
(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 from whom
it has sought to recover the amount (“the liable person”).
(2B)
For the purposes of subsection (2A)(a), the Commission is to be taken
30
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.
(2C)
On an application under subsection (2A) the court shall (in the presence
of the liable person) inquire as to—
35
(a)
the liable person’s means; and
(b)
whether there has been wilful refusal or culpable neglect on the
part of the liable person.
(2D)
On an application under subsection (2A) the court shall not question—
(a)
the liability order by reference to which the Commission acted
40
as mentioned in paragraph (a) of that subsection; or
(b)
the maintenance calculation by reference to which that liability
order was made.”
(2)
For subsection (10) of that section, substitute—
“(10)
On acting as mentioned in subsection (3), the court may order the liable
45
person to be searched.

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
30

(10A)
Any money found on such a search shall, unless the court otherwise
directs, be applied towards payment of the relevant amount; and the
balance (if any) shall be returned to the liable person.
(10B)
The reference in subsection (10A) to the relevant amount is—
(a)
where the order under subsection (10) is made by virtue of the
5
court acting under subsection (3)(a), to the amount mentioned
in subsection (4)(a);
(b)
where the order under subsection (10) is made by virtue of the
court acting under subsection (3)(b), to the amount mentioned
in subsection (4)(a)(i).
10
(10C)
The court shall not allow the application under subsection (10A) of
money found on a search under subsection (10) if it is satisfied that the
money does not belong to the person searched.”
(3)
In section 40A of that Act (commitment to prison: Scotland), before subsection
(1) insert—
15
“(A1)
The Commission may apply to the sheriff for the issue of a warrant
committing a person to prison 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
20
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 from whom
it has sought to recover the amount (“the liable person”).
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(A2)
For the purposes of subsection (A1)(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.
(A3)
On an application under subsection (A1), the sheriff shall (in the
30
presence of the liable person) inquire into—
(a)
the liable person’s means; and
(b)
whether there has been wilful refusal or culpable neglect on the
part of the liable person.
(A4)
On an application under subsection (A1), the sheriff shall not
35
question—
(a)
the liability order by reference to which the Commission acted
as mentioned in paragraph (a) of that subsection; or
(b)
the maintenance calculation by reference to which that liability
order was made.”.
40
(4)
After subsection (7) of that section, insert—
“(7A)
On acting as mentioned in subsection (1), the sheriff may order the
liable person to be searched.
(7B)
Any money found on such a search shall, unless the sheriff otherwise
directs, be applied towards payment of the relevant amount; and the
45
balance (if any) shall be returned to the liable person.

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
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(7C)
The reference in subsection (7B) to the relevant amount is—
(a)
where the order under subsection (7A) is made by virtue of the
court acting under subsection (1)(a), to the amount mentioned
in subsection (2)(a);
(b)
where the order under subsection (7A) is made by virtue of the
5
court acting under subsection (1)(b), to the amount mentioned
in subsection (2)(a)(i).
(7D)
The sheriff shall not allow the application under subsection (7B) of
money found on a search under subsection (7A) if the sheriff is satisfied
that the money does not belong to the person searched.”
10
28
Disqualification for driving
(1)
In section 40B of the Child Support Act 1991 (c. 48) (disqualification from
driving), for the heading and subsection (1) substitute—
“40B
Disqualification for holding or obtaining driving licence
(A1)
The Commission may apply to the court for an order disqualifying a
15
person for holding or obtaining a driving licence 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
of section 36;
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(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 from whom
it has sought to recover the amount (“the liable person”).
(A2)
Disqualification by an order under subsection (A1) (a “disqualification
25
order”) shall be for such period not exceeding two years as the court
may specify in the order.
(A3)
For the purposes of subsection (A1)(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
30
have been taken to recover the amount.
(A4)
On an application under subsection (A1) the court shall (in the presence
of the liable person) inquire as to—
(a)
whether the liable person needs a driving licence to earn a
living;
35
(b)
the liable person’s means; and
(c)
whether there has been wilful refusal or culpable neglect on the
part of the liable person.
(A5)
On an application under subsection (A1) the court shall not question—
(a)
the liability order by reference to which the Commission acted
40
as mentioned in paragraph (a) of that subsection; or
(b)
the maintenance calculation by reference to which that liability
order was made.
(1)
If, but only if, the court is of the opinion that there has been wilful
refusal or culpable neglect on the part of the liable person, it may—
45
(a)
make a disqualification order against the liable person; or

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
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(b)
make such an order but suspend its operation until such time
and on such conditions (if any) as it thinks just.”
(2)
For subsection (10) of that section, substitute—
“(10)
On making a disqualification order, the court may order the liable
person to be searched.
5
(10A)
Any money found on such a search shall, unless the court otherwise
directs, be applied towards payment of the amount due; and the
balance (if any) shall be returned to the liable person.
(10B)
The court shall not allow the application under subsection (10A) of
money found on a search under subsection (10) if it is satisfied that the
10
money does not belong to the person searched.
(10C)
The court may exercise the powers conferred on it by subsection (5)
without the need for an application where money found on a search
under subsection (10) is applied towards payment of the amount due.”
Debt management powers
15
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Power to treat liability as satisfied
After section 41B of the Child Support Act 1991 (c. 48) insert—
“41C
Power to treat liability as satisfied
(1)
The Secretary of State may by regulations—
(a)
make provision enabling the Commission in prescribed
20
circumstances to set off liabilities to pay child support
maintenance to which this section applies;
(b)
make provision enabling the Commission in prescribed
circumstances to set off against a person’s liability to pay child
support maintenance to which this section applies a payment
25
made by the person which is of a prescribed description.
(2)
Liability to pay child support maintenance shall be treated as satisfied
to the extent that it is the subject of setting off under regulations under
subsection (1).
(3)
In subsection (1), the references to child support maintenance to which
30
this section applies are to child support maintenance for the collection
of which the Commission is authorised to make arrangements.”
30
Power to accept part payment of arrears in full and final satisfaction
After section 41C of the Child Support Act 1991 (inserted by section 29 of this
Act) insert—
35
“41D
Power to accept part payment of arrears in full and final satisfaction
(1)
The Commission may, in relation to any arrears of child support
maintenance, accept payment of part in satisfaction of liability for the
whole.
(2)
The Secretary of State may by regulations make provision with respect
40
to the exercise of the power under subsection (1).”