Welfare Reform Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Part 3 — Child maintenance
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Interpretation of Part 2
In this Part—
“employment” includes self-employment;
“enactment” means an enactment contained in, or in an instrument made
under—
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(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.
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Part 3
Child maintenance
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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)—
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(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—
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“(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,
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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
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(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—

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“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
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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
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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
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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
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(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
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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.
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(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
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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.

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(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.
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(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
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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
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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.
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(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,
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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.
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(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—
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(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
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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
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
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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.
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(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
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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;
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(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
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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
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costs incurred by the Commission in connection with the appeal (“the
Commission’s appeal costs”).

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(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—
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(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.
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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
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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—
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(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
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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
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(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.
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(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);
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“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.
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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—
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“(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—
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(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—
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(a)
a period of 52 weeks beginning with a prescribed date; or
(b)
in prescribed circumstances, a prescribed period.”