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Child Maintenance and Other Payments Bill


Child Maintenance and Other Payments Bill
Part 3 — Child support etc.

21

 

(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

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.

22

 

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.

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.

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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.

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.

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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;

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.

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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.

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.

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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;

 
 

Child Maintenance and Other Payments Bill
Part 3 — Child support etc.

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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

 
 

 
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