Child Maintenance and Other Payments Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

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(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.”
25
Administrative liability orders
After section 32L of the Child Support Act 1991 (c. 48) (inserted by section 24
5
of this Act) insert—
“32M
Liability orders
(1)
If it appears to the Commission that a person has failed to pay an
amount of child support maintenance, it may make an order against the
person in respect of that amount.
10
(2)
An order under subsection (1) (a “liability order”) may be made in
respect of an amount due under a maintenance calculation which is the
subject of an appeal only if it appears to the Commission—
(a)
that liability for the amount would not be affected were the
appeal to succeed, or
15
(b)
where paragraph (a) does not apply, that the making of a
liability order in respect of the amount would nonetheless be
fair in all the circumstances.
(3)
A liability order shall not come into force before—
(a)
the end of the period during which an appeal can be brought
20
under section 20 against the making of the order, and
(b)
if an appeal is brought under section 20, the time at which
proceedings on the appeal (including any proceedings on a
further appeal) have been concluded and any period during
which a further appeal may ordinarily be brought has ended.
25
(4)
Where regulations have been made under section 29(3)(a), a person
liable to pay an amount of child support maintenance is to be taken for
the purposes of this section to have failed to pay the amount, unless it
is paid to or through the person specified in, or by virtue of, the
regulations for the case in question.
30
32N
Regulations about liability orders
(1)
The Secretary of State may by regulations make provision with respect
to liability orders.
(2)
Regulations under subsection (1) may, in particular—
(a)
make provision about the form and content of a liability order;
35
(b)
make provision for a liability order not to come into force if,
before it does so, the whole of the amount in respect of which it
is made is paid;
(c)
make provision for the discharge of a liability order;
(d)
make provision for the revival of a liability order in prescribed
40
circumstances.”
26
Enforcement in county courts
In section 36 of the Child Support Act 1991 (enforcement in county courts), in
subsection (1) (under which the amount in respect of which a liability order is

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made is recoverable by a third party debt order or charging order as if it were
payable under a county court order, but only if a county court so orders), the
words “, if a county court so orders,” are omitted.
27
Disqualification for holding or obtaining travel authorisation
Before section 40 of the Child Support Act 1991 (c. 48) insert—
5
“39B
Disqualification for holding or obtaining travel authorisation
(1)
The Commission may make an order under this section against a
person where—
(a)
it has sought to recover an amount from the person by means of
taking enforcement action by virtue of section 35 or 38, or by
10
means of a third party debt order or a charging order by virtue
of section 36;
(b)
the whole or any part of the amount remains unpaid; and
(c)
the Commission is of the opinion that there has been wilful
refusal or culpable neglect on the part of the person.
15
(2)
For the purposes of subsection (1)(a), the Commission is to be taken to
have sought to recover an amount by means of a charging order if an
interim charging order has been made, whether or not any further steps
have been taken to recover the amount.
(3)
A person against whom an order under this section is made is
20
disqualified for holding or obtaining a travel authorisation while the
order has effect.
(4)
Before making an order under this section against a person, the
Commission shall consider whether the person needs a travel
authorisation in order to earn a living.
25
(5)
An order under this section shall specify the amount in respect of which
it is made, which 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
(b)
the amount which the person against whom the order under
30
this section is made is required to pay by the order under
section 39G(1).
(6)
The Commission shall serve a copy of an order under this section
(together with a copy of the order under section 39G(1)) on the person
against whom it is made.
35
(7)
In this section “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 2006 that records
that the person to whom it has been issued is a British citizen.
40
39C
Period for which orders under section 39B are to have effect
(1)
An order under section 39B shall specify the period for which it is to
have effect, which (subject to any extension under section 39D or 39E)
shall not exceed 12 months.

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(2)
That period shall begin to run with the first day after the end of the
period within which an appeal may be brought against the order under
section 39E(1), unless at that time the running of the period is
suspended (in which case it shall begin to run with the first day when
its running is no longer suspended).
5
(3)
On making an order under section 39B, the Commission may include
in the order provision suspending the running of the period for which
the order is to have effect until such day and on such conditions (if any)
as the Commission thinks fit.
(4)
After making such an order the Commission may by order suspend the
10
running of the period for which it has effect until such day and on such
conditions (if any) as the Commission thinks fit.
(5)
The powers conferred by subsections (3) and (4) may be exercised by
the Commission only—
(a)
if the person against whom the order under section 39B is made
15
agrees to pay the amount specified in the order; or
(b)
if the Commission is satisfied that the suspension in question is
justified by exceptional circumstances.
(6)
The Commission may make a further order under section 39B if the
amount specified in an order under that section has not been paid in
20
full by the end of the period for which the order has effect.
39D
Surrender of travel authorisations
(1)
A person against whom an order under section 39B is made who holds
any travel authorisation shall surrender the authorisation in the
prescribed manner and to the prescribed person within 7 days of the
25
beginning of any period for which the order has effect, or has effect
again following a period of suspension.
(2)
If immediately before the end of the period specified in subsection (1)
the person against whom the order under section 39B is made has a
good reason for not surrendering any travel authorisation to which the
30
duty under that subsection applies, the duty in relation to the
authorisation shall be discharged and the person shall instead
surrender the authorisation as soon as practicable after the end of that
period.
(3)
The Secretary of State may by regulations make provision
35
prescribing circumstances in which a person is, or is not, to be regarded
for the purposes of subsection (2) as having a good reason for not
surrendering any travel authorisation to which the duty under
subsection (1) applies.
(4)
The requirements imposed by subsections (1) and (2) cease to have
40
effect if the period for which the order under section 39B has effect is
suspended or ends.
(5)
A person who fails to comply with a requirement imposed by
subsection (1) or (2) commits an offence.
(6)
A person guilty of an offence under subsection (5) shall be liable on
45
summary conviction to a fine not exceeding level 3 on the standard
scale.

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(7)
On sentencing a person for an offence under subsection (5) the court
may by order provide for the period for which the order under section
39B is to have effect to be extended by such period as may be specified
in the order under this subsection.
(8)
But the power conferred by subsection (7) may not be exercised so as to
5
provide for the order to have effect for a period exceeding 2 years in
total.
(9)
In this section “travel authorisation” has the same meaning as in section
39B.
39E
Appeals against orders under section 39B
10
(1)
A person against whom an order is made under section 39B may appeal
to the court against the order within the period of 28 days beginning
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
15
at which the appeal is determined, withdrawn or discontinued.
(3)
If the person against whom an order is made under section 39B does not
bring an appeal within the period specified in subsection (1), the court
may grant leave for an appeal to be brought after the end of that period
if prescribed conditions are satisfied.
20
(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.
(5)
On an appeal under this section the court—
(a)
shall reconsider the exercise by the Commission of its powers
25
under section 39B; and
(b)
may by order affirm, vary or revoke the order under that
section.
(6)
On an appeal under this section the court shall not question—
(a)
the liability order by reference to which the Commission acted
30
as mentioned in section 39B(1)(a);
(b)
any liability order made against the same person after the order
under section 39B was made; or
(c)
the maintenance calculation by reference to which any liability
order within paragraph (a) or (b) was made.
35
(7)
The power under subsection (5) to vary an order under section 39B
includes power to extend the period for which the order has effect; but
that power may not be exercised so as to provide for the order to have
effect for a period exceeding 2 years in total.
(8)
If, on appeal under this section, the court affirms or varies an order
40
under section 39B, 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
45
made is required to pay by the order under section 39G(1), so far
as remaining unpaid;

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(c)
the amount which that person is required to pay by the order
under section 39G(2); and
(d)
if a liability order has been made against that person since the
order under section 39B was made, the amount in respect of
which the liability order was made, so far as remaining unpaid.
5
(9)
On the affirmation or variation of the order by the court, any existing
suspension of the running of the period for which the order is to have
effect shall cease; but the court may suspend the running of that period
until such time and on such conditions (if any) as it thinks fit—
(a)
if the person against whom the order under section 39B was
10
made agrees to pay the amount specified in the order; or
(b)
if the court is of the opinion that the suspension in question is
justified by exceptional circumstances.
(10)
If, on an appeal under this section, the court revokes the order made by
the Commission, the court shall also revoke the order made by the
15
Commission under section 39G(1) unless it is of the opinion that,
having regard to all the circumstances, it is reasonable to require the
person against whom the order under section 39B was made to pay the
costs incurred by the Commission in exercising its functions under that
section.
20
(11)
In this section “the court” means—
(a)
in relation to England and Wales, a magistrates’ court;
(b)
in relation to Scotland, the sheriff.
39F
Power to order search
(1)
On an appeal under section 39E the court may order the person against
25
whom the order under section 39B was made to be searched.
(2)
Any money found on such a search shall, unless the court otherwise
directs, be applied towards payment of any amount that would
otherwise, on the affirmation or variation of the order, be substituted
under section 39E(8) for the amount specified under section 39B(5); and
30
the balance (if any) shall be returned to the person searched.
(3)
The court shall not allow the application under subsection (2) of money
found on the person if it is satisfied that the money does not belong to
the person searched.
39G
Recovery of Commission’s costs
35
(1)
On making an order under section 39B the Commission shall also make
an order requiring the person against whom the order under section
39B is made to pay an amount (determined in accordance with
regulations made by the Secretary of State) specified in the order in
respect of the costs incurred by the Commission in exercising its
40
functions under section 39B.
(2)
If on an appeal under section 39E the court affirms or varies an order
made by the Commission under section 39B, the court shall also make
an order requiring the person against whom the order under section
39B was made to pay an amount (determined in accordance with
45
regulations made by the Secretary of State) specified in the order in
respect of the costs incurred by the Commission in connection with the
appeal.

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(3)
Subsection (2) also applies in a case where, on an appeal under section
39E, the court revokes an order made by the Commission under section
39B, but only if the court is satisfied that, having regard to all the
circumstances, it is reasonable to require the person against whom the
order under section 39B was made to pay the costs in question.
5
(4)
The provisions of this Act with respect to—
(a)
the collection of child support maintenance; and
(b)
the enforcement of an obligation to pay child support
maintenance,

apply equally (with any necessary modifications) to amounts which a
10
person is required to pay under this section.
39H
Variation and revocation of orders following payment
(1)
If part of the amount specified in an order under section 39B is paid to
any person authorised to receive it, the Commission may, on an
application made by the person against whom the order is made, by
15
order—
(a)
reduce the period for which the order under section 39B is to
have effect; or
(b)
revoke the order under section 39B.
(2)
The power conferred by subsection (1) shall be exercisable by the court
20
instead of by the Commission at any time when an appeal brought
under section 39E against the order has not been determined,
withdrawn or discontinued.
(3)
If the whole of the amount specified in an order under section 39B is
paid to any person authorised to receive it, the Commission shall, on an
25
application made by the person against whom the order is made, by
order revoke the order under section 39B.
39I
Power to make supplementary provision
(1)
The Secretary of State may by regulations make provision with respect
to—
30
(a)
orders under section 39B;
(b)
appeals against such orders; and
(c)
orders under section 39G.
(2)
The regulations may, in particular, make provision—
(a)
as to the form and content of an order under section 39B;
35
(b)
as to the surrender of documents under section 39D, and their
return where the period for which an order under section 39B
has effect is suspended or has ended;
(c)
that a statement in writing to the effect that wages of any
amount have been paid to a person during any period,
40
purporting to be signed by or on behalf of the person’s
employer, shall be evidence (in Scotland, sufficient evidence) of
the facts stated for the purposes of an appeal under section 39E;
(d)
permitting or requiring the court to dismiss an appeal brought
under section 39E where the person who brought the appeal
45
fails to appear at the hearing of the appeal;
(e)
requiring the court to send notice to the Commission of any
order made on an appeal under section 39E;

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(f)
as to the exercise by the Commission and the court of the power
conferred by section 39H(1);
(g)
as to the revival of an order under section 39B in such
circumstances as may be prescribed;
(h)
for sections 39C to 39H to have effect with prescribed
5
modifications in cases where a person against whom an order
under section 39B has effect is outside the United Kingdom.”
28
Curfew orders
After section 39I of the Child Support Act 1991 (c. 48) (inserted by section 27 of
this Act) insert—
10
“39J
Applications for curfew orders
(1)
The Commission may apply to the court for an order requiring a person
to remain, for periods specified in the order, at a place so specified (a
“curfew order”) where—
(a)
it has sought to recover an amount from the person by means of
15
taking enforcement action by virtue of section 35 or 38, or by
means of a third party debt order or a charging order by virtue
of section 36;
(b)
the whole or any part of the amount remains unpaid; and
(c)
the Commission is of the opinion that there has been wilful
20
refusal or culpable neglect on the part of the person.
(2)
For the purposes of subsection (1)(a), the Commission is to be taken to
have sought to recover an amount by means of a charging order if an
interim charging order has been made, whether or not any further steps
have been taken to recover the amount.
25
(3)
On an application for a curfew order the court shall (in the presence of
the person from whom the Commission has sought to recover the
amount) inquire as to—
(a)
the person’s means; and
(b)
whether there has been wilful refusal or culpable neglect on the
30
part of the person.
(4)
On an application for a curfew order the court shall not question—
(a)
the liability order by reference to which the Commission acted
as mentioned in subsection (1)(a); or
(b)
the maintenance calculation by reference to which that liability
35
order was made.
(5)
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 from whom the
Commission has sought to recover the amount, it may make a curfew
order against the person.
40
(6)
The court may not make a curfew order against a person who is under
the age of 18.
(7)
In this section and sections 39K to 39Q “the court” means—
(a)
in England and Wales, a magistrates’ court;
(b)
in Scotland, the sheriff.
45