House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Welfare Reform Bill


Welfare Reform Bill
Part 3 — Child maintenance

43

 

39      

Interpretation of Part 2

In this Part—

“employment” includes self-employment;

“enactment” means an enactment contained in, or in an instrument made

under—

5

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament, or

(c)   

a Measure or Act of the National Assembly for Wales;

“prescribed” means specified in, or determined in accordance with,

regulations under section 31.

10

Part 3

Child maintenance

40      

Disqualification for holding etc. driving licence or travel authorisation

(1)   

The Child Support Act 1991 (c. 48) is amended as follows.

(2)   

In section 39B (disqualification for holding or obtaining travel authorisation)—

15

(a)   

in subsection (1), for “The Commission may apply to the court for an

order under this section” substitute “The Commission may make an

order under this section (referred to in this section and sections 39C to

39F as a “disqualification order”)”, and

(b)   

for subsections (3) to (13) substitute—

20

“(3)   

A disqualification order shall provide that the person against

whom it is made is disqualified for holding or obtaining—

(a)   

a driving licence,

(b)   

a travel authorisation, or

(c)   

both a driving licence and a travel authorisation,

25

   

while the order has effect.

(4)   

Before making a disqualification order against a person, the

Commission shall consider whether the person needs the

relevant document in order to earn a living.

(5)   

A disqualification order shall specify the amount in respect of

30

which it is made.

(6)   

That amount 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

35

(b)   

the amount which the person against whom the order is

made is required to pay by the order under section

39DA(1).

(7)   

The Commission shall serve a copy of the disqualification order

(together with a copy of the order under section 39DA(1)) on the

40

person against whom it is made.

(8)   

In this section—

 
 

Welfare Reform Bill
Part 3 — Child maintenance

44

 

“driving licence” means a licence to drive a motor vehicle

granted under Part 3 of the Road Traffic Act 1988;

“relevant document”, in relation to a disqualification order

made against a person, means the document (or

documents) for the holding or obtaining of which the

5

person is disqualified by the order;

“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

10

2006 that records that the person to whom it has

been issued is a British citizen.”

(3)   

In section 39C (period for which orders under section 39B are to have effect),

for subsection (1) substitute—

“(1)   

A disqualification order shall specify the period for which it is to have

15

effect.

(1A)   

That period shall not exceed 12 months (subject to any extension under

section 39CA or 39CB).

(1B)   

That period shall begin to run with—

(a)   

the first day after the end of the period within which an appeal

20

may be brought against the order under section 39CB(1); or

(b)   

if the running of the period is suspended at that time, the first

day when its running is no longer suspended.”

(4)   

After that section insert—

“39CA   

 Surrender of relevant documents

25

(1)   

A person against whom a disqualification order is made who holds any

relevant document shall surrender it in the prescribed manner to the

prescribed person within the required period.

(2)   

For this purpose “the required period” means the period of 7 days

beginning with the start of the period for which the order has effect or

30

has effect again following a period of suspension.

(3)   

But, if immediately before the end of the required period the person has

a good reason for not surrendering any relevant document, the person

shall instead surrender it as soon as practicable after the end of that

period.

35

(4)   

The Secretary of State may by regulations make provision

prescribing circumstances in which a person is, or is not, to be regarded

for the purposes of subsection (3) as having a good reason for not

surrendering any relevant document.

(5)   

The requirements imposed by subsections (1) and (3) cease to have

40

effect if the period for which the disqualification order has effect is

suspended or ends.

(6)   

A person who fails to comply with a requirement imposed by

subsection (1) or (3) commits an offence.

 
 

Welfare Reform Bill
Part 3 — Child maintenance

45

 

(7)   

A person guilty of an offence under subsection (6) shall be liable on

summary conviction to a fine not exceeding level 3 on the standard

scale.

(8)   

On sentencing a person for an offence under that subsection the court

may by order extend the period for which the disqualification order is

5

to have effect by such period as may be specified in the order under this

subsection.

(9)   

But the power conferred by subsection (8) may not be exercised so as to

provide for the disqualification order to have effect for a period

exceeding 2 years in total.

10

(10)   

In this section “relevant document” has the same meaning as in section

39.

(11)   

Where this section applies in relation to a driving licence at any time

before the commencement of Schedule 3 to the Road Safety Act 2006,

any reference in this section to any relevant document includes the

15

licence’s counterpart (within the meaning of section 108(1) of the Road

Traffic Act 1988).

39CB    

 Appeals against disqualification orders

(1)   

A person against whom a disqualification order is made may appeal to

the court against the order within a prescribed period (which must

20

begin 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

at which the appeal is determined, withdrawn or discontinued.

25

(3)   

If—

(a)   

the person against whom a disqualification order is made does

not bring an appeal within the period specified in subsection

(1), and

(b)   

prescribed conditions are satisfied,

30

   

the court may grant leave for an appeal to be brought after the end of

that period.

(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.

35

(5)   

On an appeal under this section the court—

(a)   

shall reconsider the exercise by the Commission of its powers

under section 39B; and

(b)   

may by order affirm, vary or revoke the disqualification order.

(6)   

On an appeal under this section the court shall not question—

40

(a)   

the liability order by reference to which the Commission acted

as mentioned in section 39B(1)(a);

(b)   

any liability order made against the same person after the

disqualification order was made; or

(c)   

the maintenance calculation by reference to which any liability

45

order within paragraph (a) or (b) was made.

 
 

Welfare Reform Bill
Part 3 — Child maintenance

46

 

(7)   

The power under subsection (5) to vary a disqualification order

includes power to extend the period for which it has effect; but that

power may not be exercised so as to provide for it to have effect for a

period exceeding 2 years in total.

(8)   

If, on appeal under this section, the court affirms or varies a

5

disqualification order, 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 39DA(1), so

far as remaining unpaid;

(c)   

the amount which that person is required to pay by the order

under section 39DA(2); and

(d)   

if a liability order has been made against that person since the

15

disqualification order 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 disqualification order by the

court, any existing suspension of the running of the period for which

the order is to have effect shall cease.

20

(10)   

But the court may suspend the running of that period until such time

and on such conditions (if any) as it thinks fit if—

(a)   

the person against whom the disqualification order was made

agrees to pay the amount specified in the order; or

(b)   

the court is of the opinion that the suspension in question is

25

justified by exceptional circumstances.

(11)   

If, on an appeal under this section, the court revokes a disqualification

order, the court shall also revoke the order made under section

39DA(1).

(12)   

But subsection (11) does not apply if the court is of the opinion that,

30

having regard to all the circumstances, it is reasonable to require the

person against whom the disqualification order was made to pay the

costs mentioned in section 39DA(1).

(13)   

In this section “the court” means—

(a)   

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

35

(b)   

in relation to Scotland, the sheriff.”

(5)   

After section 39D insert—

“39DA   

 Recovery of Commission’s costs

(1)   

On making a disqualification order against any person the Commission

shall also make an order requiring that person to pay an amount in

40

respect of the costs incurred by the Commission in exercising its

functions under section 39B.

(2)   

If on an appeal under section 39CB the court affirms or varies a

disqualification order made against any person, the court shall also

make an order requiring that person to pay an amount in respect of the

45

costs incurred by the Commission in connection with the appeal (“the

Commission’s appeal costs”).

 
 

Welfare Reform Bill
Part 3 — Child maintenance

47

 

(3)   

If—

(a)   

on an appeal under that section the court revokes a

disqualification order made against any person, and

(b)   

the court is satisfied that, having regard to all the circumstances,

it is reasonable to require that person to pay an amount in

5

respect of the Commission’s appeal costs,

   

the court shall also make an order requiring that person to pay an

amount in respect of those costs.

(4)   

Any amount payable by virtue of an order made under this section

shall be—

10

(a)   

specified in the order; and

(b)   

determined in accordance with regulations made by the

Secretary of State.

(5)   

The provisions of this Act with respect to—

(a)   

the collection of child support maintenance, and

15

(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.”

(6)   

Schedule 5 contains consequential amendments and other amendments

20

related to the provision made by this section.

41      

Report on operation of driving licences amendments

(1)   

The Secretary of State must prepare a report on the operation during the

review period of the amendments of the 1991 Act made by section 40 and

Schedule 5 so far as those amendments relate to the disqualification of any

25

person for holding or obtaining a driving licence.

(2)   

“The review period” is the period of 24 months beginning with the day on

which section 40 and Schedule 5 come into force in relation to the

disqualification of any person for holding or obtaining a driving licence.

(3)   

The Secretary of State must—

30

(a)   

prepare the report, and

(b)   

lay it before Parliament,

   

within 6 months from the end of the review period.

(4)   

The continued effect of the driving licence amendments depends on whether

the Secretary of State makes an order under this subsection within the relevant

35

period providing for those provisions to continue to have effect.

(5)   

“The relevant period” means the period of 30 days beginning with the day on

which the report is laid before Parliament; and, in reckoning this period, no

account is to be taken of any time during which Parliament—

(a)   

is dissolved or prorogued, or

40

(b)   

is adjourned for more than 4 days.

(6)   

If no order is made as mentioned in subsection (4), the Secretary of State must

instead make an order under this subsection containing such amendments of

the 1991 Act as the Secretary of State considers necessary to secure that the

effect of the driving licence amendments is reversed.

45

 
 

Welfare Reform Bill
Part 3 — Child maintenance

48

 

(7)   

The effect of the driving licence amendments is to be regarded as reversed if

the 1991 Act is amended so that it has the same effect in relation to the

disqualification of any person for holding or obtaining a driving licence as it

would have had if this Act had not been passed.

(8)   

An order under subsection (6) may contain consequential provision and

5

transitional provision or savings.

(9)   

The consequential provision that may be made by an order under subsection

(6) includes, in particular, provision amending, repealing or revoking—

(a)   

any provision of any Act passed before the making of the order, or

(b)   

any provision of any instrument made under any Act before the

10

making of the order.

(10)   

Any power to make an order under this section is exercisable by statutory

instrument.

(11)   

An order under subsection (4) may not be made unless a draft of the statutory

instrument containing the order has been laid before, and approved by a

15

resolution of, each House of Parliament.

(12)   

A statutory instrument containing an order under subsection (6) is subject to

annulment in pursuance of a resolution of either House of Parliament.

(13)   

In this section—

“the 1991 Act” means the Child Support Act 1991 (c. 48);

20

“driving licence” has the same meaning as in section 39B of the 1991 Act;

“the driving licence amendments” means the amendments of the 1991 Act

made by section 40 and Schedule 5 so far as relating to the

disqualification of any person for holding or obtaining a driving

licence.

25

42      

Payments of child support maintenance

(1)   

Section 29 of the Child Support Act 1991 (collection of child support

maintenance) is amended as follows.

(2)   

In subsection (3) (provision which may be made by regulations for payment of

child support maintenance), for paragraph (c) substitute—

30

“(c)   

for determining, on the basis of prescribed assumptions, the

total amount of the payments of child support maintenance

payable in a reference period (including provision for

adjustments to such an amount);

(ca)   

requiring payments of child support maintenance to be made—

35

(i)   

by reference to such an amount and a reference period;

and

(ii)   

at prescribed intervals falling in a reference period;”.

(3)   

After that subsection insert—

“(3A)   

In subsection (3)(c) and (ca) “a reference period” means—

40

(a)   

a period of 52 weeks beginning with a prescribed date; or

(b)   

in prescribed circumstances, a prescribed period.”

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 14 January 2009