House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

7

32EC
Power to disapply sections 32EA(1) and (2) and 32EB(2)(b) and (4)(b)

(1)
The Secretary of State may by regulations make provision as to

circumstances in which things that would otherwise be in breach of

sections 32EA(1) and (2) and 32EB(2)(b) and (4)(b) may be done.

(2)
Regulations under subsection (1) may require the Commission’s consent to

be obtained in prescribed circumstances.

(3)
Regulations under subsection (1) which require the Commission’s consent

to be obtained may provide for an application for that consent to be made—

(a)
by the deposit-taker or third party at which the order under section

32D or 32E is directed;

(b)
by the liable person; and

(c)
if the order is made in respect of a joint account, by any of the other

account-holders.

(4)
If regulations under subsection (1) require the Commission’s consent to be

obtained, the Secretary of State shall by regulations provide for a person of

a prescribed description to have a right of appeal to a court against the

withholding of that consent.

(5)
Regulations under subsection (4) 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 the court to which the

appeal under the regulations lies.”
39
Page 15, leave out lines 37 to 39
40
Page 15, line 39, at end insert—

“( )
as to circumstances in which amounts standing to the credit of an

account are to be disregarded for the purposes of sections 32D,

32EA and 32EB;”
41
Page 15, leave out lines 42 to 44 and insert—

“(c)
allowing a deposit-taker or third party at which an order under

section 32E is directed to deduct from the amount standing to the

credit of the account specified in the order, or due to the liable

person, a prescribed amount towards its administrative costs before

making any payment to the Commission required by section 32EB;”
42
Page 15, line 45, after “person” insert “(and, in the case of an order made in respect

of a joint account, to the other account-holders)”
43
Page 16, line 1, after “a” insert “deposit-taker or”
44
Page 16, leave out lines 16 to 20
45
Page 16, line 31, leave out “magistrates’ court (or, in Scotland, to the sheriff)” and

insert “court”
46
Page 16, leave out lines 33 to 37
47
Page 16, line 38, leave out “or (as the case may be) the sheriff”
48
Page 16, line 42, leave out “subsections (6) and (7)” and insert “subsection (6)”
49
Page 16, line 45, leave out from “of” to end of line 47 and insert “the court to which

the appeal under the regulations lies”

8

After Clause 22
50
Insert the following new Clause—

“Orders preventing avoidance

After section 32H of the Child Support Act 1991 (inserted by section 22 of

this Act) insert—

“32HA
Orders preventing avoidance

(1)
The Commission may apply to the court, on the grounds that a

person—

(a)
has failed to pay an amount of child support maintenance,

and

(b)
with the intention of avoiding payment of child support

maintenance, is about to make a disposition or to transfer

out of the jurisdiction or otherwise deal with any property,


for an order restraining or, in Scotland, interdicting the person from

doing so.

(2)
The Commission may apply to the court, on the grounds that a

person—

(a)
has failed to pay an amount of child support maintenance,

and

(b)
with the intention of avoiding payment of child support

maintenance, has at any time made a reviewable

disposition,


for an order setting aside or, in Scotland, reducing the disposition.

(3)
If the court is satisfied of the grounds mentioned in subsection (1)

or (2) it may make an order under that subsection.

(4)
Where the court makes an order under subsection (1) or (2) it may

make such consequential provision by order or directions as it

thinks fit for giving effect to the order (including provision

requiring the making of any payments or the disposal of any

property).

(5)
Any disposition is a reviewable disposition for the purposes of

subsection (2), unless it was made for valuable or, in Scotland,

adequate consideration (other than marriage) to a person who, at

the time of the disposition, acted in relation to it in good faith and

without notice of an intention to avoid payment of child support

maintenance.

(6)
Subsection (7) applies where an application is made under this

section with respect to—

(a)
a disposition or other dealing with property which is about

to take place, or

(b)
a disposition which took place after the making of the

application on which the maintenance calculation

concerned was made.

(7)
If the court is satisfied—

(a)
in a case falling within subsection (1), that the disposition or

other dealing would (apart from this section) have the

9

consequence of making ineffective a step that has been or

may be taken to recover the amount outstanding, or

(b)
in a case falling within subsection (2), that the disposition

has had that consequence,


it is to be presumed, unless the contrary is shown, that the person

who disposed of or is about to dispose of or deal with the property

did so or, as the case may be, is about to do so, with the intention of

avoiding payment of child support maintenance.

(8)
In this section “disposition” does not include any provision

contained in a will or codicil but, with that exception, includes any

conveyance, assurance or gift of property of any description,

whether made by an instrument or otherwise.

(9)
This section does not apply to a disposition made before the coming

into force of section (Orders preventing avoidance) of the Child

Maintenance and Other Payments Act 2008.

(10)
In this section “the court” means—

(a)
in relation to England and Wales, the High Court;

(b)
in relation to Scotland, the Court of Session or the sheriff.

(11)
An order under this section interdicting a person—

(a)
is effective for such period (including an indefinite period)

as the order may specify;

(b)
may, on application to the court, be varied or recalled.”
Clause 23
51
Page 17, line 14, leave out “32H” and insert “32HA”
52
Page 17, line 14, leave out “22” and insert “(Orders preventing avoidance)”
Clause 25
53
Page 18, line 16, leave out “make” and insert “apply to the court for”
54
Page 18, leave out lines 32 to 34 and insert—

“(4A)
On an application under subsection (1) for an order against a person the

court shall (in the presence of that person) inquire as to—

(a)
whether the person needs a travel authorisation to earn a living;

(b)
the person’s means;

(c)
whether there has been wilful refusal or culpable neglect on the part

of the person.

(4B)
If, but only if, the court is of the opinion that there has been wilful refusal

or culpable neglect on the part of the person, it may make an order under

this section.

(4C)
The court may not take action under both this section and section 40.

(4D)
On an application under subsection (1) the court shall not 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.”

10
55
Page 18, leave out lines 39 to 41 and insert—

“(b)
an amount (determined in accordance with regulations made by

the Secretary of State) in respect of the costs of the application under

this section.”
56
Page 18, leave out lines 42 to 44 and insert—

“(6A)
A court which makes an order under this section shall require the person

to whom it relates to produce any travel authorisation that the person

holds.

(6B)
The court shall send to the prescribed person any travel authorisation

produced to the court under subsection (6A).

(6C)
Where a court—

(a)
makes an order under this section, or

(b)
allows an appeal against such an order,


it shall send notice of that fact to the Commission; and the notice shall

contain such particulars and be sent in such manner and to such address as

the Commission may determine.”
57
Page 19, line 5, at end insert—

“( )
In this section (except for the purposes of subsection (6C)(b)) and in

sections 39C to 39H, “court” means—

(a)
in relation to England and Wales, a magistrates’ court;

(b)
in relation to Scotland, the sheriff.”
58
Page 19, leave out lines 7 to 14 and insert—

“( )
Disqualification by an order under section 39B shall be for such period not

exceeding two years as the court may specify in the order.”
59
Page 19, line 15, leave out “Commission” and insert “court”
60
Page 19, line 18, leave out “Commission” and insert “court”
61
Page 19, line 18, leave out “fit” and insert “just”
62
Page 19, line 19, leave out “Commission” and insert “court”
63
Page 19, line 21, leave out “Commission” and insert “court”
64
Page 19, line 21, leave out “fit” and insert “just”
65
Page 19, line 23, leave out “Commission” and insert “court”
66
Page 19, line 26, leave out “Commission” and insert “court”
67
Page 19, line 28, leave out “order” and insert “application”
68
Page 19, line 31, leave out from beginning to end of line 35 on page 21
69
Page 21, line 37, leave out “an appeal under section 39E” and insert “making an

order under section 39B”
70
Page 21, line 38, leave out “under section 39B was” and insert “is”
71
Page 21, line 40, leave out from “of” to “the” in line 42
72
Page 21, line 45, leave out “the person” and insert “a search under subsection (1)”
73
Page 22, leave out lines 1 to 25