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39 | Interpretation of Part 2 |
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“employment” includes self-employment; |
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“enactment” means an enactment contained in, or in an instrument made |
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(a) | an Act of Parliament, |
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(b) | an Act of the Scottish Parliament, or |
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(c) | a Measure or Act of the National Assembly for Wales; |
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“prescribed” means specified in, or determined in accordance with, |
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regulations under section 31. |
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40 | Disqualification for holding etc. driving licence or travel authorisation |
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(1) | The Child Support Act 1991 (c. 48) is amended as follows. |
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(2) | In section 39B (disqualification for holding or obtaining travel authorisation)— |
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(a) | in subsection (1), for “The Commission may apply to the court for an |
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order under this section” substitute “The Commission may make an |
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order under this section (referred to in this section and sections 39C to |
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39F as a “disqualification order”)”, and |
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(b) | for subsections (3) to (13) substitute— |
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“(3) | A disqualification order shall provide that the person against |
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whom it is made is disqualified for holding or obtaining— |
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(b) | a travel authorisation, or |
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(c) | both a driving licence and a travel authorisation, |
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| while the order has effect. |
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(4) | Before making a disqualification order against a person, the |
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Commission shall consider whether the person needs the |
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relevant document in order to earn a living. |
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(5) | A disqualification order shall specify the amount in respect of |
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(6) | That amount shall be the aggregate of— |
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(a) | the amount sought to be recovered as mentioned in |
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subsection (1)(a), or so much of it as remains unpaid; |
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(b) | the amount which the person against whom the order is |
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made is required to pay by the order under section |
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(7) | The Commission shall serve a copy of the disqualification order |
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(together with a copy of the order under section 39DA(1)) on the |
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person against whom it is made. |
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“driving licence” means a licence to drive a motor vehicle |
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granted under Part 3 of the Road Traffic Act 1988; |
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“relevant document”, in relation to a disqualification order |
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made against a person, means the document (or |
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documents) for the holding or obtaining of which the |
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person is disqualified by the order; |
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“travel authorisation” means— |
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(a) | a United Kingdom passport (within the meaning |
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of the Immigration Act 1971); |
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(b) | an ID card issued under the Identity Cards Act |
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2006 that records that the person to whom it has |
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been issued is a British citizen.” |
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(3) | In section 39C (period for which orders under section 39B are to have effect), |
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for subsection (1) substitute— |
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“(1) | A disqualification order shall specify the period for which it is to have |
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(1A) | That period shall not exceed 12 months (subject to any extension under |
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(1B) | That period shall begin to run with— |
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(a) | the first day after the end of the period within which an appeal |
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may be brought against the order under section 39CB(1); or |
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(b) | if the running of the period is suspended at that time, the first |
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day when its running is no longer suspended.” |
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(4) | After that section insert— |
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“39CA | Surrender of relevant documents |
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(1) | A person against whom a disqualification order is made who holds any |
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relevant document shall surrender it in the prescribed manner to the |
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prescribed person within the required period. |
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(2) | For this purpose “the required period” means the period of 7 days |
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beginning with the start of the period for which the order has effect or |
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has effect again following a period of suspension. |
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(3) | But, if immediately before the end of the required period the person has |
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a good reason for not surrendering any relevant document, the person |
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shall instead surrender it as soon as practicable after the end of that |
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(4) | The Secretary of State may by regulations make provision |
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prescribing circumstances in which a person is, or is not, to be regarded |
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for the purposes of subsection (3) as having a good reason for not |
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surrendering any relevant document. |
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(5) | The requirements imposed by subsections (1) and (3) cease to have |
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effect if the period for which the disqualification order has effect is |
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(6) | A person who fails to comply with a requirement imposed by |
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subsection (1) or (3) commits an offence. |
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(7) | A person guilty of an offence under subsection (6) shall be liable on |
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summary conviction to a fine not exceeding level 3 on the standard |
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(8) | On sentencing a person for an offence under that subsection the court |
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may by order extend the period for which the disqualification order is |
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to have effect by such period as may be specified in the order under this |
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(9) | But the power conferred by subsection (8) may not be exercised so as to |
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provide for the disqualification order to have effect for a period |
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exceeding 2 years in total. |
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(10) | In this section “relevant document” has the same meaning as in section |
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(11) | Where this section applies in relation to a driving licence at any time |
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before the commencement of Schedule 3 to the Road Safety Act 2006, |
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any reference in this section to any relevant document includes the |
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licence’s counterpart (within the meaning of section 108(1) of the Road |
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39CB | Appeals against disqualification orders |
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(1) | A person against whom a disqualification order is made may appeal to |
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the court against the order within a prescribed period (which must |
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begin with the first day on which that person had actual notice of the |
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(2) | Where an appeal is brought under subsection (1), the running of the |
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period for which the order has effect shall be suspended until the time |
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at which the appeal is determined, withdrawn or discontinued. |
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(a) | the person against whom a disqualification order is made does |
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not bring an appeal within the period specified in subsection |
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(b) | prescribed conditions are satisfied, |
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| the court may grant leave for an appeal to be brought after the end of |
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(4) | On granting leave under subsection (3) the court may suspend the |
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running of the period for which the order has effect until such time and |
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on such conditions (if any) as it thinks just. |
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(5) | On an appeal under this section the court— |
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(a) | shall reconsider the exercise by the Commission of its powers |
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(b) | may by order affirm, vary or revoke the disqualification order. |
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(6) | On an appeal under this section the court shall not question— |
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(a) | the liability order by reference to which the Commission acted |
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as mentioned in section 39B(1)(a); |
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(b) | any liability order made against the same person after the |
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disqualification order was made; or |
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(c) | the maintenance calculation by reference to which any liability |
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order within paragraph (a) or (b) was made. |
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(7) | The power under subsection (5) to vary a disqualification order |
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includes power to extend the period for which it has effect; but that |
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power may not be exercised so as to provide for it to have effect for a |
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period exceeding 2 years in total. |
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(8) | If, on appeal under this section, the court affirms or varies a |
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disqualification order, the court shall substitute for the amount |
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specified under section 39B(5) the aggregate of— |
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(a) | the amount sought to be recovered as mentioned in section |
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39B(1)(a), or so much of it as remains unpaid; |
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(b) | the amount which the person against whom the order was |
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made is required to pay by the order under section 39DA(1), so |
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(c) | the amount which that person is required to pay by the order |
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under section 39DA(2); and |
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(d) | if a liability order has been made against that person since the |
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disqualification order was made, the amount in respect of |
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which the liability order was made, so far as remaining unpaid. |
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(9) | On the affirmation or variation of the disqualification order by the |
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court, any existing suspension of the running of the period for which |
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the order is to have effect shall cease. |
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(10) | But the court may suspend the running of that period until such time |
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and on such conditions (if any) as it thinks fit if— |
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(a) | the person against whom the disqualification order was made |
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agrees to pay the amount specified in the order; or |
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(b) | the court is of the opinion that the suspension in question is |
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justified by exceptional circumstances. |
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(11) | If, on an appeal under this section, the court revokes a disqualification |
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order, the court shall also revoke the order made under section |
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(12) | But subsection (11) does not apply if the court is of the opinion that, |
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having regard to all the circumstances, it is reasonable to require the |
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person against whom the disqualification order was made to pay the |
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costs mentioned in section 39DA(1). |
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(13) | In this section “the 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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(5) | After section 39D insert— |
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“39DA | Recovery of Commission’s costs |
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(1) | On making a disqualification order against any person the Commission |
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shall also make an order requiring that person to pay an amount in |
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respect of the costs incurred by the Commission in exercising its |
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functions under section 39B. |
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(2) | If on an appeal under section 39CB the court affirms or varies a |
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disqualification order made against any person, the court shall also |
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make an order requiring that person to pay an amount in respect of the |
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costs incurred by the Commission in connection with the appeal (“the |
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Commission’s appeal costs”). |
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(a) | on an appeal under that section the court revokes a |
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disqualification order made against any person, and |
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(b) | the court is satisfied that, having regard to all the circumstances, |
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it is reasonable to require that person to pay an amount in |
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respect of the Commission’s appeal costs, |
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| the court shall also make an order requiring that person to pay an |
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amount in respect of those costs. |
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(4) | Any amount payable by virtue of an order made under this section |
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(a) | specified in the order; and |
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(b) | determined in accordance with regulations made by the |
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(5) | The provisions of this Act with respect to— |
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(a) | the collection of child support maintenance, and |
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(b) | the enforcement of an obligation to pay child support |
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| apply equally (with any necessary modifications) to amounts which a |
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person is required to pay under this section.” |
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(6) | Schedule 5 contains consequential amendments and other amendments |
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related to the provision made by this section. |
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41 | Report on operation of driving licences amendments |
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(1) | The Secretary of State must prepare a report on the operation during the |
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review period of the amendments of the 1991 Act made by section 40 and |
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Schedule 5 so far as those amendments relate to the disqualification of any |
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person for holding or obtaining a driving licence. |
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(2) | “The review period” is the period of 24 months beginning with the day on |
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which section 40 and Schedule 5 come into force in relation to the |
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disqualification of any person for holding or obtaining a driving licence. |
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(3) | The Secretary of State must— |
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(a) | prepare the report, and |
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(b) | lay it before Parliament, |
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| within 6 months from the end of the review period. |
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(4) | The continued effect of the driving licence amendments depends on whether |
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the Secretary of State makes an order under this subsection within the relevant |
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period providing for those provisions to continue to have effect. |
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(5) | “The relevant period” means the period of 30 days beginning with the day on |
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which the report is laid before Parliament; and, in reckoning this period, no |
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account is to be taken of any time during which Parliament— |
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(a) | is dissolved or prorogued, or |
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(b) | is adjourned for more than 4 days. |
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(6) | If no order is made as mentioned in subsection (4), the Secretary of State must |
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instead make an order under this subsection containing such amendments of |
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the 1991 Act as the Secretary of State considers necessary to secure that the |
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effect of the driving licence amendments is reversed. |
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(7) | The effect of the driving licence amendments is to be regarded as reversed if |
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the 1991 Act is amended so that it has the same effect in relation to the |
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disqualification of any person for holding or obtaining a driving licence as it |
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would have had if this Act had not been passed. |
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(8) | An order under subsection (6) may contain consequential provision and |
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transitional provision or savings. |
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(9) | The consequential provision that may be made by an order under subsection |
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(6) includes, in particular, provision amending, repealing or revoking— |
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(a) | any provision of any Act passed before the making of the order, or |
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(b) | any provision of any instrument made under any Act before the |
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(10) | Any power to make an order under this section is exercisable by statutory |
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(11) | An order under subsection (4) may not be made unless a draft of the statutory |
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instrument containing the order has been laid before, and approved by a |
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resolution of, each House of Parliament. |
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(12) | A statutory instrument containing an order under subsection (6) is subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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“the 1991 Act” means the Child Support Act 1991 (c. 48); |
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“driving licence” has the same meaning as in section 39B of the 1991 Act; |
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“the driving licence amendments” means the amendments of the 1991 Act |
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made by section 40 and Schedule 5 so far as relating to the |
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disqualification of any person for holding or obtaining a driving |
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42 | Payments of child support maintenance |
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(1) | Section 29 of the Child Support Act 1991 (collection of child support |
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maintenance) is amended as follows. |
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(2) | In subsection (3) (provision which may be made by regulations for payment of |
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child support maintenance), for paragraph (c) substitute— |
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“(c) | for determining, on the basis of prescribed assumptions, the |
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total amount of the payments of child support maintenance |
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payable in a reference period (including provision for |
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adjustments to such an amount); |
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(ca) | requiring payments of child support maintenance to be made— |
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(i) | by reference to such an amount and a reference period; |
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(ii) | at prescribed intervals falling in a reference period;”. |
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(3) | After that subsection insert— |
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“(3A) | In subsection (3)(c) and (ca) “a reference period” means— |
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(a) | a period of 52 weeks beginning with a prescribed date; or |
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(b) | in prescribed circumstances, a prescribed period.” |
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