Child Maintenance and Other Payments Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.
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39K
Curfew orders: duration etc.
(1)
The periods and places specified as mentioned in section 39J(1) may
include different periods and different places for different days, but
shall not include periods which amount to less than 2 hours or more
than 12 hours in any one day.
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(2)
A curfew order shall specify the period for which the requirements
imposed by the order shall have effect.
(3)
The period so specified—
(a)
shall not exceed 6 months; and
(b)
shall begin to run with the day on which the order is made
10
unless the order provides (subject to such conditions, if any, as
may be specified in the order) for it to begin to run with a later
day.
(4)
The court shall (so far as practicable) ensure that any requirement
imposed by a curfew order is such as to avoid—
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(a)
any conflict with the religious beliefs of the person against
whom the order is made; and
(b)
any interference with the times (if any) at which that person
normally works or attends any educational establishment.
(5)
On making a curfew order—
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(a)
a magistrates’ court may not specify in the order any place
outside England and Wales; and
(b)
the sheriff may not specify in the order any place outside
Scotland.
39L
Recovery of costs relating to curfew orders
25
(1)
On making a curfew order the court shall also make an order requiring
the person against whom the curfew order is made to pay an amount
(determined in accordance with regulations made by the Secretary of
State) specified in the order in respect of—
(a)
the costs of the application for the curfew order; and
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(b)
the costs of monitoring compliance with the requirements
imposed by the curfew order.
(2)
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
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maintenance,

apply equally (with any necessary modifications) to amounts which a
person is required to pay by an order under this section.
39M
Curfew orders: the amount due
(1)
A curfew order shall specify the amount in respect of which it is made,
40
which shall be the aggregate of—
(a)
the amount sought to be recovered as mentioned in section
39J(1)(a), or so much of it as remains unpaid; and
(b)
the amount which the person against whom the curfew order is
made is required to pay by the order under section 39L.
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(2)
If part of the amount in respect of which a curfew order was made is
paid to any person authorised to receive it, the court may, on an
application by the Commission or the person against whom the curfew
order was made, by order—
(a)
reduce the period for which the requirements imposed by the
5
curfew order have effect;
(b)
provide for that period to begin to run with a day later than that
with which it would otherwise have begun to run;
(c)
suspend the running of that period, or provide for any existing
such suspension to be extended, until a day specified in the
10
order; or
(d)
revoke the curfew order.
(3)
An order under subsection (2)(b) or (c) may include provision for its
effect to be subject to specified conditions.
(4)
On the hearing of an application made under subsection (2) the
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Commission may make representations to the court as to which of the
powers conferred by that subsection it would be appropriate for the
court to exercise, and the person against whom the curfew order was
made may reply to those representations.
(5)
If the whole of the amount in respect of which a curfew order was made
20
is paid to any person authorised to receive it, the court shall, on an
application by the Commission or the person against whom the order
was made, by order revoke the curfew order.
(6)
The Commission may make a further application under section 39J if
the amount in respect of which a curfew order was made has not been
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paid in full when the requirements imposed by the order cease to have
effect.
39N
Power to order search
(1)
On making a curfew order, the court may order the person against
whom the order is made to be searched.
30
(2)
Any money found on such a search shall, unless the court otherwise
directs, be applied towards payment of the amount in respect of which
the curfew order is made; and the balance (if any) shall be returned to
the person searched.
(3)
The court shall not allow the application under subsection (2) of money
35
found on a search under this section if it is satisfied that the money does
not belong to the person searched.
(4)
The court may exercise the powers conferred on it by section 39M(2)
and (5) without the need for an application where money found on a
search under this section is applied towards payment of the amount in
40
respect of which a curfew order is made.
39O
Monitoring of curfew orders
(1)
A curfew order shall—
(a)
provide for a person’s compliance with the requirements
imposed by the order to be monitored; and
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(b)
make a person specified in the order responsible for that
monitoring.

Child Maintenance and Other Payments Bill
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(2)
The court may not make a curfew order unless—
(a)
it has been notified by the Commission that arrangements for
monitoring compliance with the requirements imposed by such
orders are available in the area in which the place proposed to
be specified in the order is situated and the notice has not been
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withdrawn;
(b)
it is satisfied that the necessary provision can be made under
those arrangements; and
(c)
it has the consent of any person (other than the person against
whom the order is to be made) whose co-operation is necessary
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to secure the monitoring of compliance with the requirements
imposed by the order.
(3)
If a curfew order cannot be made because of the absence of any consent
required by subsection (2)(c), the court may treat the application for the
order as an application under section 40 (or, in the case of an
15
application made to the sheriff, as an application under section 40A).
(4)
The Secretary of State may by regulations make provision as to—
(a)
the cases or circumstances in which the person responsible for
monitoring a person’s compliance with the requirements
imposed by a curfew order may allow that person to be absent
20
from the place specified in the curfew order during a period so
specified; and
(b)
the requirements which may be imposed in connection with
such an absence.
39P
Breaches of curfew orders
25
(1)
The person responsible for monitoring a person’s compliance with the
requirements imposed by a curfew order, or the Commission, may
apply to the court where it appears that the person subject to the
requirements in question has failed to comply with—
(a)
any of those requirements; or
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(b)
any requirements imposed by virtue of section 39O(4).
(2)
On any such application the court shall (in the presence of the person
subject to the requirements in question) inquire as to whether the
person has failed without reasonable excuse to comply with any of
those requirements.
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(3)
If the court is of the opinion that the person has failed without
reasonable excuse to comply with any of those requirements, it may—
(a)
issue a warrant of commitment against that person; or
(b)
by order provide for the requirements imposed by the curfew
order to have effect for a specified further period.
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(4)
A warrant issued under subsection (3)(a) shall order the person against
whom it is issued—
(a)
to be imprisoned for a period specified in the warrant; but
(b)
to be released (unless in custody for some other reason) on
payment of the amount in respect of which the curfew order in
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question was made.
(5)
A warrant issued under subsection (3)(a) may be directed to such
person or persons as the court issuing it thinks fit.

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(6)
The power conferred by subsection (3)(b) may not be exercised so as to
provide for the requirements imposed by the curfew order to have
effect for a period exceeding 6 months after the making of the order
under that subsection.
(7)
Where, following the issue of a warrant under subsection (3)(a), part of
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the amount specified in the curfew order is paid to any person
authorised to receive it, the court may, on an application by the
Commission or the person against whom the warrant was issued—
(a)
reduce the period specified in the warrant; or
(b)
order the release of the person against whom the warrant was
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issued.
(8)
On the hearing of an application made under subsection (7) the
Commission may make representations to the court as to which of the
powers conferred by that subsection it would be appropriate for the
court to exercise, and the person against whom the warrant was issued
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may reply to those representations.
39Q
Effect of custody on curfew orders and power to make curfew orders
(1)
The court may not make a curfew order against a person at any time
when the person is in custody for any reason.
(2)
The running of the period during which the requirements imposed by
20
a curfew order have effect shall be suspended for the whole of any day
during any part of which the person against whom the order is made is
in custody for any reason.
(3)
If the period during which the requirements imposed by a curfew order
have effect would have begun to run but for its being suspended by
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virtue of this section, that period shall instead begin to run with the first
day when its running is no longer suspended.
39R
Power to make supplementary provision about curfew orders:
England and Wales
(1)
The Secretary of State may by regulations make provision for England
30
and Wales with respect to curfew orders.
(2)
The regulations may, in particular, make provision—
(a)
as to the form and content of a curfew order;
(b)
allowing an application for a curfew order to be renewed where
no curfew order is made;
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(c)
that a statement in writing to the effect that wages of any
amount have been paid during any period to a person,
purporting to be signed by or on behalf of that person’s
employer, shall be evidence of the facts stated;
(d)
that a justice of the peace may issue a summons to a person to
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appear before a magistrates’ court and (if that person does not
appear) may issue a warrant for that person’s arrest;
(e)
that, for the purpose of securing a person’s presence before a
magistrates’ court, a justice of the peace may issue a warrant for
that person’s arrest without issuing a summons;
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(f)
as to the execution of a warrant for arrest;
(g)
for the amendment or revocation of requirements imposed by a
curfew order, on an application made to a magistrates’ court by

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the Commission or the person against whom the order was
made;
(h)
similar to that made by sections 39L, 39N and 39O(2) and (3), in
relation to any amendment of a curfew order;
(i)
as to the exercise by a magistrates’ court of the powers
5
conferred by sections 39M(2) and (3) and 39P(7).
(3)
Regulations under subsection (2)(g) may confer power on a
magistrates’ court to substitute for the place or places specified in the
order a place or places in Scotland.
(4)
Where a magistrates’ court exercises such a power, the functions of the
10
magistrates’ court in relation to the order as so amended shall be
exercisable instead by the sheriff.
39S
Power to make supplementary provision about curfew orders:
Scotland
(1)
The Secretary of State may by regulations make provision for Scotland
15
with respect to curfew orders.
(2)
The regulations may, in particular, make provision—
(a)
as to the content of a curfew order;
(b)
that a statement in writing to the effect that wages of any
amount have been paid during any period to a person,
20
purporting to be signed by or on behalf of that person’s
employer, shall be sufficient evidence of the facts stated;
(c)
for the amendment or revocation of requirements imposed by a
curfew order, on an application made to the sheriff by the
Commission or the person against whom the order was made;
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(d)
similar to that made by sections 39L, 39N and 39O(2) and (3), in
relation to any amendment of a curfew order;
(e)
as to the exercise by the sheriff of the powers conferred by
sections 39M(2) and (3) and 39P(7).
(3)
Regulations under subsection (2)(c) may confer power on the sheriff to
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substitute for the place or places specified in the order a place or places
in England and Wales.
(4)
Where the sheriff exercises such a power, the functions of the sheriff in
relation to the order as so amended shall be exercisable instead by a
magistrates’ court.
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(5)
The power of the Court of Session by Act of Sederunt to regulate the
procedure and practice in civil proceedings in the sheriff court shall
include power to make provision—
(a)
as to the form of a curfew order;
(b)
allowing an application for a curfew order to be renewed where
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no curfew order is made;
(c)
that the sheriff may issue a citation to a person to appear before
the sheriff and (if the person does not appear) may issue a
warrant for the person’s arrest;
(d)
that, for the purpose of securing a person’s presence before the
45
sheriff, the sheriff may issue a warrant for the person’s arrest
without issuing a citation;
(e)
as to the execution of a warrant of arrest.”