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| 32EC | Power to disapply sections 32EA(1) and (2) and 32EB(2)(b) and (4)(b) |
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| (1) | The Secretary of State may by regulations make provision as to |
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| circumstances in which things that would otherwise be in breach of |
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| sections 32EA(1) and (2) and 32EB(2)(b) and (4)(b) may be done. |
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| (2) | Regulations under subsection (1) may require the Commission’s consent to |
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| be obtained in prescribed circumstances. |
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| (3) | Regulations under subsection (1) which require the Commission’s consent |
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| to be obtained may provide for an application for that consent to be made— |
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| (a) | by the deposit-taker or third party at which the order under section |
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| (b) | by the liable person; and |
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| (c) | if the order is made in respect of a joint account, by any of the other |
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| (4) | If regulations under subsection (1) require the Commission’s consent to be |
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| obtained, the Secretary of State shall by regulations provide for a person of |
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| a prescribed description to have a right of appeal to a court against the |
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| withholding of that consent. |
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| (5) | Regulations under subsection (4) may include— |
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| (a) | provision with respect to the period within which a right of appeal |
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| under the regulations may be exercised; |
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| (b) | provision with respect to the powers of the court to which the |
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| appeal under the regulations lies.” |
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39 | Page 15, leave out lines 37 to 39 |
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40 | Page 15, line 39, at end insert— |
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| “( ) | as to circumstances in which amounts standing to the credit of an |
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| account are to be disregarded for the purposes of sections 32D, |
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41 | Page 15, leave out lines 42 to 44 and insert— |
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| “(c) | allowing a deposit-taker or third party at which an order under |
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| section 32E is directed to deduct from the amount standing to the |
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| credit of the account specified in the order, or due to the liable |
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| person, a prescribed amount towards its administrative costs before |
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| making any payment to the Commission required by section 32EB;” |
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42 | Page 15, line 45, after “person” insert “(and, in the case of an order made in respect |
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| of a joint account, to the other account-holders)” |
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43 | Page 16, line 1, after “a” insert “deposit-taker or” |
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44 | Page 16, leave out lines 16 to 20 |
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45 | Page 16, line 31, leave out “magistrates’ court (or, in Scotland, to the sheriff)” and |
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46 | Page 16, leave out lines 33 to 37 |
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47 | Page 16, line 38, leave out “or (as the case may be) the sheriff” |
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48 | Page 16, line 42, leave out “subsections (6) and (7)” and insert “subsection (6)” |
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49 | Page 16, line 45, leave out from “of” to end of line 47 and insert “the court to which |
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| the appeal under the regulations lies” |
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50 | Insert the following new Clause— |
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| “Orders preventing avoidance |
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| After section 32H of the Child Support Act 1991 (inserted by section 22 of |
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| “32HA | Orders preventing avoidance |
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| (1) | The Commission may apply to the court, on the grounds that a |
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| (a) | has failed to pay an amount of child support maintenance, |
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| (b) | with the intention of avoiding payment of child support |
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| maintenance, is about to make a disposition or to transfer |
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| out of the jurisdiction or otherwise deal with any property, |
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| | for an order restraining or, in Scotland, interdicting the person from |
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| (2) | The Commission may apply to the court, on the grounds that a |
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| (a) | has failed to pay an amount of child support maintenance, |
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| (b) | with the intention of avoiding payment of child support |
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| maintenance, has at any time made a reviewable |
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| | for an order setting aside or, in Scotland, reducing the disposition. |
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| (3) | If the court is satisfied of the grounds mentioned in subsection (1) |
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| or (2) it may make an order under that subsection. |
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| (4) | Where the court makes an order under subsection (1) or (2) it may |
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| make such consequential provision by order or directions as it |
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| thinks fit for giving effect to the order (including provision |
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| requiring the making of any payments or the disposal of any |
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| (5) | Any disposition is a reviewable disposition for the purposes of |
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| subsection (2), unless it was made for valuable or, in Scotland, |
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| adequate consideration (other than marriage) to a person who, at |
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| the time of the disposition, acted in relation to it in good faith and |
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| without notice of an intention to avoid payment of child support |
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| (6) | Subsection (7) applies where an application is made under this |
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| (a) | a disposition or other dealing with property which is about |
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| (b) | a disposition which took place after the making of the |
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| application on which the maintenance calculation |
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| (7) | If the court is satisfied— |
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| (a) | in a case falling within subsection (1), that the disposition or |
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| other dealing would (apart from this section) have the |
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| consequence of making ineffective a step that has been or |
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| may be taken to recover the amount outstanding, or |
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| (b) | in a case falling within subsection (2), that the disposition |
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| has had that consequence, |
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| | it is to be presumed, unless the contrary is shown, that the person |
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| who disposed of or is about to dispose of or deal with the property |
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| did so or, as the case may be, is about to do so, with the intention of |
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| avoiding payment of child support maintenance. |
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| (8) | In this section “disposition” does not include any provision |
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| contained in a will or codicil but, with that exception, includes any |
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| conveyance, assurance or gift of property of any description, |
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| whether made by an instrument or otherwise. |
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| (9) | This section does not apply to a disposition made before the coming |
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| into force of section (Orders preventing avoidance) of the Child |
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| Maintenance and Other Payments Act 2008. |
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| (10) | In this section “the court” means— |
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| (a) | in relation to England and Wales, the High Court; |
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| (b) | in relation to Scotland, the Court of Session or the sheriff. |
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| (11) | An order under this section interdicting a person— |
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| (a) | is effective for such period (including an indefinite period) |
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| as the order may specify; |
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| (b) | may, on application to the court, be varied or recalled.” |
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51 | Page 17, line 14, leave out “32H” and insert “32HA” |
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52 | Page 17, line 14, leave out “22” and insert “(Orders preventing avoidance)” |
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53 | Page 18, line 16, leave out “make” and insert “apply to the court for” |
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54 | Page 18, leave out lines 32 to 34 and insert— |
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| “(4A) | On an application under subsection (1) for an order against a person the |
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| court shall (in the presence of that person) inquire as to— |
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| (a) | whether the person needs a travel authorisation to earn a living; |
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| (c) | whether there has been wilful refusal or culpable neglect on the part |
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| (4B) | If, but only if, the court is of the opinion that there has been wilful refusal |
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| or culpable neglect on the part of the person, it may make an order under |
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| (4C) | The court may not take action under both this section and section 40. |
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| (4D) | On an application under subsection (1) the court shall not question— |
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| (a) | the liability order by reference to which the Commission acted as |
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| mentioned in paragraph (a) of that subsection; or |
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| (b) | the maintenance calculation by reference to which that liability |
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55 | Page 18, leave out lines 39 to 41 and insert— |
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| “(b) | an amount (determined in accordance with regulations made by |
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| the Secretary of State) in respect of the costs of the application under |
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56 | Page 18, leave out lines 42 to 44 and insert— |
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| “(6A) | A court which makes an order under this section shall require the person |
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| to whom it relates to produce any travel authorisation that the person |
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| (6B) | The court shall send to the prescribed person any travel authorisation |
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| produced to the court under subsection (6A). |
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| (a) | makes an order under this section, or |
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| (b) | allows an appeal against such an order, |
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| | it shall send notice of that fact to the Commission; and the notice shall |
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| contain such particulars and be sent in such manner and to such address as |
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| the Commission may determine.” |
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57 | Page 19, line 5, at end insert— |
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| “( ) | In this section (except for the purposes of subsection (6C)(b)) and in |
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| sections 39C to 39H, “court” means— |
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| (a) | in relation to England and Wales, a magistrates’ court; |
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| (b) | in relation to Scotland, the sheriff.” |
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58 | Page 19, leave out lines 7 to 14 and insert— |
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| “( ) | Disqualification by an order under section 39B shall be for such period not |
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| exceeding two years as the court may specify in the order.” |
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59 | Page 19, line 15, leave out “Commission” and insert “court” |
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60 | Page 19, line 18, leave out “Commission” and insert “court” |
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61 | Page 19, line 18, leave out “fit” and insert “just” |
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62 | Page 19, line 19, leave out “Commission” and insert “court” |
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63 | Page 19, line 21, leave out “Commission” and insert “court” |
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64 | Page 19, line 21, leave out “fit” and insert “just” |
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65 | Page 19, line 23, leave out “Commission” and insert “court” |
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66 | Page 19, line 26, leave out “Commission” and insert “court” |
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67 | Page 19, line 28, leave out “order” and insert “application” |
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68 | Page 19, line 31, leave out from beginning to end of line 35 on page 21 |
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69 | Page 21, line 37, leave out “an appeal under section 39E” and insert “making an |
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70 | Page 21, line 38, leave out “under section 39B was” and insert “is” |
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71 | Page 21, line 40, leave out from “of” to “the” in line 42 |
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72 | Page 21, line 45, leave out “the person” and insert “a search under subsection (1)” |
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73 | Page 22, leave out lines 1 to 25 |
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