(1) Where—
(a) an application for a variation is made by the non-resident parent; and
(b) the Secretary of State makes an interim maintenance decision,
the Secretary of State may also, if the Secretary of State has completed a preliminary consideration (under section 28B) of the application for a variation and has not rejected it under that section, impose on the non-resident parent one of the conditions mentioned in subsection (2) (a “regular payments condition”).
(2) The conditions are that—
(a) the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;
(b) the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.
(3) Where the Secretary of State imposes a regular payments condition, the Secretary of State shall give written notice of the imposition of the condition and of the effect of failure to comply with it to—
(a) the non-resident parent;
(b) all the persons with care concerned; and
(c) if the application for the maintenance calculation was made under section 7, the child who made the application.
(4) A regular payments condition shall cease to have effect—
(a) when the Secretary of State has made a decision on the application for a maintenance calculation under section 11 (whether the Secretary of State agrees to a variation or not);
(b) on the withdrawal of the application for a variation.
(5) Where a non-resident parent has failed to comply with a regular payments condition, the Secretary of State may in prescribed circumstances refuse to consider the application for a variation, and instead reach a decision under section 11 as if no such application had been made.
(6) The question whether a non-resident parent has failed to comply with a regular payments condition is to be determined by the Secretary of State.
(7) Where the Secretary of State determines that a non-resident parent has failed to comply with a regular payments condition the Secretary of State shall give written notice of the determination to—
(a) that parent;
(b) all the persons with care concerned; and
(c) if the application for the maintenance calculation was made under section 7, the child who made the application.
(1) Where an application for a variation has not failed, the Secretary of State shall, in accordance with the relevant provisions of, or made under, this Act—
(a) either agree or not to a variation, and make a decision under section 11 or 12(1); or
(b) refer the application to the First-tier Tribunal for the tribunal to determine what variation, if any, is to be made.
(2) For the purposes of subsection (1), an application for a variation has failed if—
(a) it has ... been withdrawn; or
(b) the Secretary of State has rejected it on completing a preliminary consideration under section 28B; or
(c) the Secretary of State has refused to consider it under section 28C(5).
(2A) Subsection (2B) applies if—
(a) the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and
(b) it appears to the Secretary of State that consideration of further information or evidence may affect the decision under subsection (1)(a) whether or not to agree to a variation.
(2B) Before making the decision under subsection (1)(a) the Secretary of State must—
(a) consider any such further information or evidence that is available to the Secretary of State, and
(b) where necessary, take such steps as the Secretary of State considers appropriate to obtain any such further information or evidence.
(3) In dealing with an application for a variation which has been referred to it under subsection (1)(b), the First-tier Tribunal shall have the same powers, and be subject to the same duties, apart from the duty under subsection (2B), as would the Secretary of State in dealing with the application.
(1) In determining whether to agree to a variation, the Secretary of State shall have regard both to the general principles set out in subsection (2) and to such other considerations as may be prescribed.
(2) The general principles are that—
(a) parents should be responsible for maintaining their children whenever they can afford to do so;
(b) where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.
(3) In determining whether to agree to a variation, the Secretary of State shall take into account any representations made to the Secretary of State—
(a) by the person with care or non-resident parent concerned; or
(b) where the application for the current calculation was made under section 7, by either of them or the child concerned.
(4) In determining whether to agree to a variation, no account shall be taken of the fact that—
(a) any part of the income of the person with care concerned is, or would be if the Secretary of State agreed to a variation, derived from any benefit; or
(b) some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.
(5) In this section “benefit” has such meaning as may be prescribed.
(1) The Secretary of State may agree to a variation if—
(a) the Secretary of State is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and
(b) it is the Secretary of State’s opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation.
(2) In considering whether it would be just and equitable in any case to agree to a variation, the Secretary of State—
(a) must have regard, in particular, to the welfare of any child likely to be affected if the Secretary of State did agree to a variation; and
(b) must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances.
(3) The Secretary of State shall not agree to a variation (and shall proceed to make a decision on the application for a maintenance calculation without any variation) if ... satisfied that—
(a) the Secretary of State has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that the decision would be made under section 12(1); or
(b) other prescribed circumstances apply.
(4) Where the Secretary of State agrees to a variation, the Secretary of State shall—
(a) determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation ... ; and
(b) make a decision under section 11 on that basis.
(5) If the Secretary of State has made an interim maintenance decision, it is to be treated as having been replaced by the Secretary of State’s decision under section 11, and except in prescribed circumstances any appeal connected with it (under section 20) shall lapse.
(6) In determining whether or not to agree to a variation, the Secretary of State shall comply with regulations made under Part II of Schedule 4B.
(1) An application for a variation may also be made when a maintenance calculation is in force.
(2) The Secretary of State may by regulations provide for—
(a) sections 16, 17 and 20; and
(b) sections 28A to 28F and Schedules 4A and 4B,
to apply with prescribed modifications in relation to such applications.
(3) The Secretary of State may by regulations provide that, in prescribed cases (or except in prescribed cases), a decision under section 17 made otherwise than pursuant to an application for a variation may be made on the basis of a variation agreed to for the purposes of an earlier decision without a new application for a variation having to be made.
(1) This section applies where—
(a) a person has applied for a maintenance calculation under section 4(1) or 7(1) ... ;
(b) the Secretary of State has neither made a decision under section 11 or 12 on the application, nor decided not to make a maintenance calculation; and
(c) the non-resident parent makes a voluntary payment.
(2) A “voluntary payment” is a payment—
(a) on account of child support maintenance which the non-resident parent expects to become liable to pay following the determination of the application (whether or not the amount of the payment is based on any estimate of his potential liability which the Secretary of State has agreed to give); and
(b) made before the maintenance calculation has been notified to the non-resident parent or (as the case may be) before the Secretary of State has notified the non-resident parent that the Secretary of State has decided not to make a maintenance calculation.
(3) In such circumstances and to such extent as may be prescribed—
(a) the voluntary payment may be set off against arrears of child support maintenance which accrued by virtue of the maintenance calculation taking effect on a date earlier than that on which it was notified to the non-resident parent;
(b) the amount payable under a maintenance calculation may be adjusted to take account of the voluntary payment.
(4) A voluntary payment shall be made to the Secretary of State unless the Secretary of State agrees, on such conditions as the Secretary of State may specify, that it may be made to the person with care, or to or through another person.
(5) The Secretary of State may by regulations make provision as to voluntary payments, and the regulations may in particular—
(a) prescribe what payments or descriptions of payment are, or are not, to count as “voluntary payments”;
(b) prescribe the extent to which and circumstances in which a payment, or a payment of a prescribed description, counts.
(1) The Secretary of State may (subject to section 4(2A) and 7(3A)) arrange for the collection of any child support maintenance payable in accordance with a maintenance calculation where—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an application has been made to the Secretary of State under section 4(2) or 7(3) for the Secretary of State to arrange for its collection.
(2) Where a maintenance calculation is made under this Act, payments of child support maintenance under the calculation shall be made in accordance with regulations made by the Secretary of State.
(3) The regulations may, in particular, make provision—
(a) for payments of child support maintenance to be made—
(i) to the person caring for the child or children in question;
(ii) to, or through, the Secretary of State; or
(iii) to, or through, such other person as the Secretary of State may, from time to time, specify;
(b) as to the method by which payments of child support maintenance are to be made;
(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—
(i) by reference to such an amount and a reference period; and
(ii) at prescribed intervals falling in a reference period;
(d) as to the method and timing of the transmission of payments which are made, to or through the Secretary of State or any other person, in accordance with the regulations;
(e) empowering the Secretary of State to direct any person liable to make payments in accordance with the calculation—
(i) to make them by standing order or by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him;
(ii) to open an account from which payments under the calculation may be made in accordance with the method of payment which that person is obliged to adopt;
(f) providing for the making of representations with respect to matters with which the regulations are concerned.
(3A) In subsection (3)(c) and (ca) “a reference period” means—
(a) a period of 52 weeks beginning with a prescribed date; or
(b) in prescribed circumstances, a prescribed period.
(4) If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—
(a) for that method of payment not to be used in any case where there is good reason not to use it; and
(b) for the person against whom the order under section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by paragraph (a) does not apply.
(5) On an appeal under regulations made under subsection (4)(b) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the order under section 31 would be made.
(6) Regulations under subsection (4)(b) may include—
(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;
(b) provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.
(7) If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—
(a) prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;
(b) prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.
30 Collection and enforcement of other forms of maintenance.
(1) Where the Secretary of State is arranging for the collection of any payments under section 29 or subsection (2), the Secretary of State may also arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable to or for the benefit of any person who falls within a prescribed category.
(2) The Secretary of State may, except in prescribed cases, arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable for the benefit of a child even though the Secretary of State is not arranging for the collection of child support maintenance with respect to that child.
(3) Where—
(a) the Secretary of State is arranging, under this Act, for the collection of different payments (“the payments”) from the same non-resident parent;
(b) an amount is collected by the Secretary of State from the non-resident parent which is less than the total amount due in respect of the payments; and
(c) the non-resident parent has not stipulated how that amount is to be allocated by the Secretary of State as between the payments,
the Secretary of State may allocate that amount as the Secretary of State sees fit.
(4) In relation to England and Wales, the Secretary of State may by regulations make provision for sections 29 and 31 to 40 to apply, with such modifications (if any) as he considers necessary or expedient, for the purpose of enabling the Secretary of State to enforce any obligation to pay any amount for the collection of which the Secretary of State is authorised under this section to make arrangements .
(5) In relation to Scotland, the Secretary of State may by regulations make provision for the purpose of enabling the Secretary of State to enforce any obligation to pay any amount for the collection of which the Secretary of State is authorised under this section to make arrangements—
(a) empowering the Secretary of State to bring any proceedings or take any other steps (other than diligence against earnings) which could have been brought or taken by or on behalf of the person to whom the periodical payments are payable;
(b) applying sections 29, 31 and 32 with such modifications (if any) as he considers necessary or expedient.
(1) This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.
(2) The Secretary of State may make an order (“a deduction from earnings order”) against a liable person to secure the payment of any amount due under the maintenance calculation in question.
(3) A deduction from earnings order may be made so as to secure the payment of—
(a) arrears of child support maintenance payable under the calculation;
(b) amounts of child support maintenance which will become due under the calculation; or
(c) both such arrears and such future amounts.
(4) A deduction from earnings order—
(a) shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and
(b) shall have effect from such date as may be specified in the order.
(5) A deduction from earnings order shall operate as an instruction to the employer to—
(a) make deductions from the liable person’s earnings; and
(b) pay the amounts deducted to the Secretary of State.
(6) The Secretary of State shall serve a copy of any deduction from earnings order made under this section on—
(a) the person who appears to the Secretary of State to have the liable person in question in his employment; and
(b) the liable person.
(7) Where—
(a) a deduction from earnings order has been made; and
(b) a copy of the order has been served on the liable person’s employer,
it shall be the duty of that employer to comply with the order; but he shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the date on which the copy was served on him.
(8) In this section and in section 32 “earnings” has such meaning as may be prescribed.
32 Regulations about deduction from earnings orders.
(1) The Secretary of State may by regulations make provision with respect to deduction from earnings orders.
(2) The regulations may, in particular, make provision—
(a) as to the circumstances in which one person is to be treated as employed by another;
(b) requiring any deduction from earnings under an order to be made in the prescribed manner;
(bb) for the amount or amounts which are to be deducted from the liable person’s earnings not to exceed a prescribed proportion of his earnings (as determined by the employer);
(c) requiring an order to specify the amount or amounts to which the order relates and the amount or amounts which are to be deducted from the liable person’s earnings in order to meet his liabilities under the maintenance calculation in question;
(d) requiring the intervals between deductions to be made under an order to be specified in the order;
(e) as to the payment of sums deducted under an order to the Secretary of State;
(f) allowing the person who deducts and pays any amount under an order to deduct from the liable person’s earnings a prescribed sum towards his administrative costs;
(g) with respect to the notification to be given to the liable person of amounts deducted, and amounts paid, under the order;
(h) requiring any person on whom a copy of an order is served to notify the Secretary of State in the prescribed manner and within a prescribed period if he does not have the liable person in his employment or if the liable person ceases to be in his employment;
(i) as to the operation of an order where the liable person is in the employment of the Crown;
(j) for the variation of orders;
(k) similar to that made by section 31(7), in relation to any variation of an order;
(l) for an order to lapse when the employer concerned ceases to have the liable person in his employment;
(m) as to the revival of an order in such circumstances as may be prescribed;
(n) allowing or requiring an order to be discharged;
(o) as to the giving of notice by the Secretary of State to the employer concerned that an order has lapsed or has ceased to have effect.
(3) The regulations may include provision that while a deduction from earnings order is in force—
(a) the liable person shall from time to time notify the Secretary of State, in the prescribed manner and within a prescribed period, of each occasion on which he leaves any employment or becomes employed, or re-employed, and shall include in such a notification a statement of his earnings and expected earnings from the employment concerned and of such other matters as may be prescribed;
(b) any person who becomes the liable person’s employer and knows that the order is in force shall notify the Secretary of State, in the prescribed manner and within a prescribed period, that he is the liable person’s employer, and shall include in such a notification a statement of the liable person’s earnings and expected earnings from the employment concerned and of such other matters as may be prescribed.
(4) The regulations may include provision with respect to the priority as between a deduction from earnings order and—
(a) any other deduction from earnings order;
(b) any order under any other enactment relating to England and Wales which provides for deductions from the liable person’s earnings;
(c) any diligence against earnings.
(5) The regulations may include a provision that a liable person may appeal to a magistrates’ court (or in Scotland to the sheriff) if he is aggrieved by the making of a deduction from earnings order against him, or by the terms of any such order, or there is a dispute as to whether payments constitute earnings or as to any other prescribed matter relating to the order.
(6) On an appeal under subsection (5) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the deduction from earnings order was made.
(7) Regulations made by virtue of subsection (5) may include—
(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;
(b) provision as to the powers of a magistrates’ court, or in Scotland of the sheriff, in relation to an appeal (which may include provision as to the quashing of a deduction from earnings order or the variation of the terms of such an order).
(8) If any person fails to comply with the requirements of a deduction from earnings order, or with any regulation under this section which is designated for the purposes of this subsection, he shall be guilty of an offence.
(9) In subsection (8) “designated” means designated by the regulations.
(10) It shall be a defence for a person charged with an offence under subsection (8) to prove that he took all reasonable steps to comply with the requirements in question.
(11) Any person guilty of an offence under subsection (8) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.
(1) If in relation to any person it appears to the Secretary of State—
(a) that the person has failed to pay an amount of child support maintenance; and
(b) that the person holds an account with a deposit-taker;
the Secretary of State may make an order against that person to secure the payment of any amount due under the maintenance calculation in question by means of regular deductions from the account.
(2) An order under this section may be made so as to secure the payment of—
(a) arrears of child support maintenance payable under the calculation;
(b) amounts of child support maintenance which will become payable under the calculation; or
(c) both such arrears and such future amounts.
(3) An order under this section may be made in respect of amounts due under a maintenance calculation which is the subject of an appeal only if it appears to the Secretary of State—
(a) that liability for the amounts would not be affected were the appeal to succeed; or
(b) where paragraph (a) does not apply, that the making of an order under this section in respect of the amounts would nonetheless be fair in all the circumstances.
(4) An order under this section—
(a) may not be made in respect of an account of a prescribed description; and
(b) may be made in respect of a joint account which is held by the person against whom the order is made and one or more other persons, and which is not of a description prescribed under paragraph (a), if (but only if) regulations made by the Secretary of State so provide.
(5) An order under this section—
(a) shall specify the account in respect of which it is made;
(b) shall be expressed to be directed at the deposit-taker with which the account is held; and
(c) shall have effect from such date as may be specified in the order.
(6) An order under this section shall operate as an instruction to the deposit-taker at which it is directed to—
(a) make deductions from the amount (if any) standing to the credit of the account specified in the order; and
(b) pay the amount deducted to the Secretary of State.
(7) The Secretary of State shall serve a copy of any order made under this section on—
(a) the deposit-taker at which it is directed;
(b) the person against whom it is made; and
(c) if the order is made in respect of a joint account, the other account-holders.
(8) Where—
(a) an order under this section has been made; and
(b) a copy of the order has been served on the deposit-taker at which it is directed,
it shall be the duty of that deposit-taker to comply with the order; but the deposit-taker shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the day on which the copy was served on the deposit-taker.
(9) 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 an amount of child support maintenance unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.
(1) Before making an order under section 32A in respect of a joint account the Secretary of State shall offer each of the account-holders an opportunity to make representations about—
(a) the proposal to make the order; and
(b) the amounts to be deducted under the order, if it is made.
(2) The amounts to be deducted from a joint account under such an order shall not exceed the amounts that appear to the Secretary of State to be fair in all the circumstances.
(3) In determining those amounts the Secretary of State shall have particular regard to—
(a) any representations made in accordance with subsection (1)(b);
(b) the amount contributed to the account by each of the account-holders; and
(c) such other matters as may be prescribed.
(1) The Secretary of State may by regulations make provision with respect to orders under section 32A.
(2) Regulations under subsection (1) may, in particular, make provision—
(a) requiring an order to specify the amount or amounts in respect of which it is made;
(b) requiring an order to specify the amounts which are to be deducted under it in order to meet liabilities under the maintenance calculation in question;
(c) requiring an order to specify the dates on which deductions are to be made under it;
(d) for the rate of deduction under an order not to exceed such rate as may be specified in, or determined in accordance with, the regulations;
(e) as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of section 32A;
(f) as to the payment of sums deducted under an order to the Secretary of State;
(g) allowing the deposit-taker at which an order is directed to deduct from the amount standing to the credit of the account specified in the order a prescribed amount towards its administrative costs before making any deduction required by section 32A(6)(a);
(h) with respect to notifications to be given to the person against whom an order is made (and, in the case of an order made in respect of a joint account, to the other account-holders) of amounts deducted, and amounts paid, under the order;
(i) requiring the deposit-taker at which an order is directed to notify the Secretary of State in the prescribed manner and within a prescribed period—
(i) if the account specified in the order does not exist at the time at which the order is served on the deposit-taker;
(ii) of any other accounts held with the deposit-taker at that time by the person against whom the order is made;
(j) requiring the deposit-taker at which an order is directed to notify the Secretary of State in the prescribed manner and within a prescribed period if, after the time at which the order is served on the deposit-taker—
(i) the account specified in the order is closed;
(ii) a new account of any description is opened with the deposit-taker by the person against whom the order is made;
(k) as to circumstances in which the deposit-taker at which an order is directed, the person against whom the order is made and (in the case of an order made in respect of a joint account) the other account-holders may apply to the Secretary of State for the Secretary of State to review the order and as to such a review;
(l) for the variation of orders;
(m) similar to that made by section 32A(8), in relation to any variation of an order;
(n) for an order to lapse in such circumstances as may be prescribed;
(o) as to the revival of an order in such circumstances as may be prescribed;
(p) allowing or requiring an order to be discharged;
(q) as to the giving of notice by the Secretary of State to the deposit-taker that an order has lapsed or ceased to have effect.
(3) The Secretary of State may by regulations make provision with respect to priority as between an order under section 32A and—
(a) any other order under that section;
(b) any order under any other enactment relating to England and Wales which provides for deductions from the same account;
(c) any diligence done in Scotland against the same account.
(4) The Secretary of State shall by regulations make provision for any person affected to have a right to appeal to a court—
(a) against the making of an order under section 32A;
(b) against any decision made by the Secretary of State on an application under regulations made under subsection (2)(k).
(5) On an appeal under regulations made under subsection (4)(a), the court shall not question the maintenance calculation by reference to which the order was made.
(6) Regulations under subsection (4) may include—
(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;
(b) provision with respect to the powers of the court to which the appeal under the regulations lies.
(1) A person who fails to comply with the requirements of—
(a) an order under section 32A, or
(b) any regulation under section 32C which is designated by the regulations for the purposes of this paragraph,
commits an offence.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that the person took all reasonable steps to comply with the requirements in question.
(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.
(1) The Secretary of State may make an order under this section if it appears to the Secretary of State that a person (referred to in this section and sections 32F to 32J as “the liable person”) has failed to pay an amount of child support maintenance and—
(a) an amount stands to the credit of an account held by the liable person with a deposit-taker; or
(b) an amount not within paragraph (a) that is of a prescribed description is due or accruing to the liable person from another person (referred to in this section and sections 32F to 32J as the “third party”).
(2) An order under this section—
(a) may not be made by virtue of subsection (1)(a) in respect of an account of a prescribed description; and
(b) may be made by virtue of subsection (1)(a) in respect of a joint account which is held by the liable person and one or more other persons, and which is not of a description prescribed under paragraph (a) of this subsection, if (but only if) regulations made by the Secretary of State so provide.
(3) The Secretary of State may by regulations make provision as to conditions that are to be disregarded in determining whether an amount is due or accruing to the liable person for the purposes of subsection (1)(b).
(4) An order under this section—
(a) shall be expressed to be directed at the deposit-taker or third party in question;
(b) if made by virtue of subsection (1)(a), shall specify the account in respect of which it is made; and
(c) shall specify the amount of arrears of child support maintenance in respect of which the Secretary of State proposes to make an order under section 32F.
(5) An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Secretary of State—
(a) that liability for the amount would not be affected were the appeal to succeed; or
(b) where paragraph (a) does not apply, that the making of an order under section 32F in respect of the amount would nonetheless be fair in all the circumstances.
(6) The Secretary of State shall serve a copy of any order made under this section on—
(a) the deposit-taker or third party at which it is directed;
(b) the liable person; and
(c) if the order is made in respect of a joint account, the other account-holders.
(7) An order under this section shall come into force at the time at which it is served on the deposit-taker or third party at which it is directed.
(8) An order under this section shall cease to be in force at the earliest of the following—
(a) the time at which the prescribed period ends;
(b) the time at which the order under this section lapses or is discharged; and
(c) the time at which an order under section 32F made in pursuance of the proposal specified in the order under this section is served on the deposit-taker or third party at which that order is directed.
(9) 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.
(1) The Secretary of State may make an order under this section in pursuance of a proposal specified in an order under section 32E if—
(a) the order in which the proposal was specified (“the interim order”) is in force;
(b) the period prescribed for the making of representations to the Secretary of State in respect of the proposal specified in the interim order has expired; and
(c) the Secretary of State has considered any representations made to the Secretary of State during that period.
(2) An order under this section—
(a) shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;
(b) if the interim order was made by virtue of section 32E(1)(a), shall specify the account specified in the interim order; and
(c) shall specify the amount of arrears of child support maintenance in respect of which it is made.
(3) The amount so specified—
(a) shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this section is made; and
(b) if the order is made in respect of a joint account, shall not exceed the amount that appears to the Commission to be fair in all the circumstances.
(4) In determining the amount to be specified in an order made in respect of a joint account the Secretary of State shall have particular regard—
(a) to the amount contributed to the account by each of the account-holders; and
(b) to such other matters as may be prescribed.
(5) An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Secretary of State—
(a) that liability for the amount would not be affected were the appeal to succeed; or
(b) where paragraph (a) does not apply, that the making of an order under this section in respect of the amount would nonetheless be fair in all the circumstances.
(6) The Secretary of State shall serve a copy of any order made under this section on—
(a) the deposit-taker or third party at which it is directed;
(b) the liable person; and
(c) if the order is made in respect of a joint account, the other account-holders.
32G Orders under sections 32E and 32F: freezing of accounts etc.
(1) During the relevant period, an order under section 32E or 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker not to do anything that would reduce the amount standing to the credit of the account below the amount specified in the order (or, if already below that amount, that would further reduce it).
(2) During the relevant period, any other order under section 32E or 32F shall operate as an instruction to the third party at which it is directed not to do anything that would reduce the amount due to the liable person below the amount specified in the order (or, if already below that amount, that would further reduce it).
(3) Subsections (1) and (2) have effect subject to regulations made under section 32I(1).
(4) In this section “the relevant period”, in relation to an order under section 32E, means the period during which the order is in force.
(5) In this section and section 32H “the relevant period”, in relation to an order under section 32F, means the period which—
(a) begins with the service of the order on the deposit-taker or third party at which it is directed; and
(b) (subject to subsection (6)) ends with the end of the period during which an appeal can be brought against the order by virtue of regulations under section 32J(5).
(6) If an appeal is brought by virtue of the regulations, the relevant period ends at the time at which—
(a) proceedings on the appeal (including any proceedings on a further appeal) have been concluded; and
(b) any period during which a further appeal may ordinarily be brought has ended.
(7) References in this section and sections 32H and 32J to the amount due to the liable person are to be read as references to the total of any amounts within section 32E(1)(b) that are due or accruing to the liable person from the third party in question.
32H Orders under section 32F: deductions and payments
(1) Once the relevant period has ended, an order under section 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker—
(a) if the amount standing to the credit of the account is less than the remaining amount, to pay to the Secretary of State the amount standing to the credit of the account; and
(b) otherwise, to deduct from the account and pay to the Secretary of State the remaining amount.
(2) If an amount of arrears specified in the order remains unpaid after any payment required by subsection (1) has been made, the order shall operate until the relevant time as an instruction to the deposit-taker—
(a) to pay to the Secretary of State any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and
(b) not to do anything else that would reduce the amount standing to the credit of the account.
(3) Once the relevant period has ended, any other order under section 32F shall operate as an instruction to the third party at which it is directed—
(a) if the amount due to the liable person is less than the remaining amount, to pay to the Secretary of State the amount due to the liable person; and
(b) otherwise, to deduct from the amount due to the liable person and pay to the Secretary of State the remaining amount.
(4) If an amount of arrears specified in the order remains unpaid after any payment required by subsection (3) has been made, the order shall operate until the relevant time as an instruction to the third party—
(a) to pay to the Secretary of State any amount (not exceeding the remaining amount) due to the liable person; and
(b) not to do anything else that would reduce any amount due to the liable person.
(5) This section has effect subject to regulations made under sections 32I(1) and 32J(2)(c).
(6) In this section—
“the relevant time” means the earliest of the following—
the time at which the remaining amount is paid;
the time at which the order lapses or is discharged; and
the time at which a prescribed event occurs or prescribed circumstances arise;
“the remaining amount”, in relation to any time, means the amount of arrears specified in the order under section 32F which remains unpaid at that time.
32I Power to disapply sections 32G(1) and (2) and 32H(2)(b) and (4)(b)
(1) The Secretary of State may by regulations make provision as to circumstances in which things that would otherwise be in breach of sections 32G(1) and (2) and 32H(2)(b) and (4)(b) may be done.
(2) Regulations under subsection (1) may require the Secretary of State’s consent to be obtained in prescribed circumstances.
(3) Regulations under subsection (1) which require the Secretary of State’s consent to be obtained may provide for an application for that consent to be made—
(a) by the deposit-taker or third party at which the order under section 32E or 32F is directed;
(b) by the liable person; and
(c) if the order is made in respect of a joint account, by any of the other account-holders.
(4) If regulations under subsection (1) require the Secretary of State’s consent to be obtained, the Secretary of State shall by regulations provide for a person of a prescribed description to have a right of appeal to a court against the withholding of that consent.
(5) Regulations under subsection (4) may include—
(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;
(b) provision with respect to the powers of the court to which the appeal under the regulations lies.
32J Regulations about orders under section 32E or 32F
(1) The Secretary of State may by regulations make provision with respect to orders under section 32E or 32F.
(2) The regulations may, in particular, make provision—
(a) as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of sections 32E, 32G and 32H;
(b) as to the payment to the Secretary of State of sums deducted under an order under section 32F;
(c) allowing a deposit-taker or third party at which an order under section 32F is directed to deduct from the amount standing to the credit of the account specified in the order, or due to the liable person, a prescribed amount towards its administrative costs before making any payment to the Secretary of State required by section 32H;
(d) with respect to notifications to be given to the liable person (and, in the case of an order made in respect of a joint account, to the other account-holders) as to amounts deducted, and amounts paid, under an order under section 32F;
(e) requiring a deposit-taker or third party at which an order under section 32E or 32F is directed to supply information of a prescribed description to the Secretary of State, or to notify the Secretary of State if a prescribed event occurs or prescribed circumstances arise;
(f) for the variation of an order under section 32E or 32F;
(g) for an order under section 32E or 32F to lapse in such circumstances as may be prescribed;
(h) as to the revival of an order under section 32E or 32F in such circumstances as may be prescribed;
(i) allowing or requiring an order under section 32E or 32F to be discharged.
(3) Where regulations under subsection (1) make provision for the variation of an order under section 32E or 32F, the power to vary the order shall not be exercised so as to increase the amount of arrears of child support maintenance specified in the order.
(4) The Secretary of State may by regulations make provision with respect to priority as between an order under section 32F and—
(a) any other order under that section;
(b) any order under any other enactment relating to England and Wales which provides for payments to be made from amounts to which the order under section 32F relates;
(c) any diligence done in Scotland against amounts to which the order under section 32F relates.
(5) The Secretary of State shall by regulations make provision for any person affected by an order under section 32F to have a right to appeal to a court against the making of the order.
(6) On an appeal under regulations under subsection (5), the court shall not question the maintenance calculation by reference to which the order under section 32F was made.
(7) Regulations under subsection (5) may include—
(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;
(b) provision with respect to the powers of the court to which the appeal under the regulations lies.
(1) A person who fails to comply with the requirements of—
(a) an order under section 32E or 32F; or
(b) any regulation under section 32J which is designated by the regulations for the purposes of this paragraph,
commits an offence.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that the person took all reasonable steps to comply with the requirements in question.
(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.
(1) The Secretary of State may apply to the court, on the grounds that a person—
(a) has failed to pay an amount of child support maintenance, and
(b) with the intention of avoiding payment of child support maintenance, is about to make a disposition or to transfer out of the jurisdiction or otherwise deal with any property,
for an order restraining or, in Scotland, interdicting the person from doing so.
(2) The Secretary of State may apply to the court, on the grounds that a person—
(a) has failed to pay an amount of child support maintenance, and
(b) with the intention of avoiding payment of child support maintenance, has at any time made a reviewable disposition,
for an order setting aside or, in Scotland, reducing the disposition.
(3) If the court is satisfied of the grounds mentioned in subsection (1) or (2) it may make an order under that subsection.
(4) Where the court makes an order under subsection (1) or (2) it may make such consequential provision by order or directions as it thinks fit for giving effect to the order (including provision requiring the making of any payments or the disposal of any property).
(5) Any disposition is a reviewable disposition for the purposes of subsection (2), unless it was made for valuable or, in Scotland, adequate consideration (other than marriage or formation of civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of an intention to avoid payment of child support maintenance.
(6) Subsection (7) applies where an application is made under this section with respect to—
(a) a disposition or other dealing with property which is about to take place, or
(b) a disposition which took place after the making of the application on which the maintenance calculation concerned was made.
(7) If the court is satisfied—
(a) in a case falling within subsection (1), that the disposition or other dealing would (apart from this section) have the consequence of making ineffective a step that has been or may be taken to recover the amount outstanding, or
(b) in a case falling within subsection (2), that the disposition has had that consequence,
it is to be presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of avoiding payment of child support maintenance.
(8) In this section “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
(9) This section does not apply to a disposition made before the coming into force of section 24 of the Child Maintenance and Other Payments Act 2008.
(10) In this section “the court” means—
(a) in relation to England and Wales, the High Court or the family court;
(b) in relation to Scotland, the Court of Session or the sheriff.
(11) An order under this section interdicting a person—
(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.
(1) This section applies where—
(a) a person who is liable to make payments of child support maintenance (“the liable person”) fails to make one or more of those payments; and
(b) it appears to the Secretary of State that—
(i) it is inappropriate to make a deduction from earnings order against him (because, for example, he is not employed); or
(ii) although such an order has been made against him, it has proved ineffective as a means of securing that payments are made in accordance with the maintenance calculation in question.
(2) The Secretary of State may apply to a magistrates’ court or, in Scotland, to the sheriff for an order (“a liability order”) against the liable person.
(3) Where the Secretary of State applies for a liability order, the magistrates’ court or (as the case may be) sheriff shall make the order if satisfied that the payments in question have become payable by the liable person and have not been paid.
(4) On an application under subsection (2), the court or (as the case may be) the sheriff shall not question the maintenance calculation under which the payments of child support maintenance fell to be made.
(5) If the Secretary of State designates a liability order for the purposes of this subsection it shall be treated as a judgment entered in a county court for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc).
(6) Where regulations have been made under section 29(3)(a)—
(a) the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and
(b) a payment is not paid (for the purposes of subsection (3)),
unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.
(1) The Secretary of State may make regulations in relation to England and Wales—
(a) prescribing the procedure to be followed in dealing with an application by the Secretary of State for a liability order;
(b) prescribing the form and contents of a liability order; and
(c) providing that where a magistrates’ court has made a liability order, the person against whom it is made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the Secretary of State.
(2) In subsection (1) “relevant information” means any information of a prescribed description which is in the possession of the liable person and which the Secretary of State has asked him to supply.
(1) Where a liability order has been made against a person, the amount in respect of which the order was made, to the extent that it remains unpaid, shall, if a county court so orders, be recoverable by means of a third party debt order or a charging order, as if it were payable under a county court order.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Section 34(1) does not apply to Scotland.
(2) In Scotland, the Secretary of State may make regulations providing that where the sheriff has made a liability order, the person against whom it is made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the Secretary of State.
(3) In this section “relevant information” has the same meaning as in section 34(2).
38 Enforcement of liability orders by diligence: Scotland.
(1) In Scotland, where a liability order has been made against a person, the order shall be warrant anywhere in Scotland—
(a) for the Secretary of State to charge the person to pay the appropriate amount and to recover that amount by an attachment and, in connection therewith, for the opening of shut and lockfast places;
(b) for an arrestment (other than an arrestment of the person’s earnings in the hands of his employers) and action of furthcoming or sale,
(c) for an inhibition.
and shall be apt to found a Bill of Inhibition or an action of adjudication at the instance of the Secretary of State.
(2) In subsection (1) the “appropriate amount” means the amount in respect of which the order was made, to the extent that it remains unpaid.
39 Liability orders: enforcement throughout United Kingdom.
(1) The Secretary of State may by regulations provide for—
(a) any liability order made by a court in England and Wales; or
(b) any corresponding order made by a court in Northern Ireland,
to be enforced in Scotland as if it had been made by the sheriff.
(2) The power conferred on the Court of Session by section 104 of the Courts Reform (Scotland) Act 2014 (power to regulate procedure etc. in the sheriff court and Sheriff Appeal Court) shall extend to making provision for the registration in the sheriff court for enforcement of any such order as is referred to in subsection (1).
(3) The Secretary of State may by regulations make provision for, or in connection with, the enforcement in England and Wales of—
(a) any liability order made by the sheriff in Scotland; or
(b) any corresponding order made by a court in Northern Ireland,
as if it had been made by a magistrates’ court in England and Wales.
(4) Regulations under subsection (3) may, in particular, make provision for the registration of any such order as is referred to in that subsection in connection with its enforcement in England and Wales.
39A Commitment to prison and disqualification from driving.
(1) Where the Secretary of State has sought—
(a) in England and Wales to recover an amount by virtue of section 35(1); or
(b) to recover an amount by virtue of section 36 or 38,
and that amount, or any portion of it, remains unpaid the Secretary of State may apply to the court under this section.
(2) An application under this section is for whichever the court considers appropriate in all the circumstances of—
(a) the issue of a warrant committing the liable person to prison; or
(b) an order for him to be disqualified from holding or obtaining a driving licence.
(3) On any such application the court shall (in the presence of the liable person) inquire as to—
(a) whether he needs a driving licence to earn his living;
(b) his means; and
(c) whether there has been wilful refusal or culpable neglect on his part.
(4) The Secretary of State may make representations to the court as to whether the Secretary of State thinks it more appropriate to commit the liable person to prison or to disqualify him from holding or obtaining a driving licence; and the liable person may reply to those representations.
(5) In this section and section 40B, “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.
(6) In this section “the court” means—
(a) in England and Wales, a magistrates’ court;
(b) in Scotland, the sheriff.
39B Disqualification for holding or obtaining United Kingdom passport
(1) The Secretary of State may apply to the court for an order under this section against a person where—
(a) the Secretary of State has sought to recover an amount from the person by means of 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 Secretary of State is of the opinion that there has been wilful refusal or culpable neglect on the part of the person.
(2) For the purposes of subsection (1)(a), the Secretary of State 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 disqualified for holding or obtaining a travel authorisation while the order has effect.
(4) On an application under subsection (1) for an order against a person the court shall (in the presence of that person) inquire as to—
(a) whether the person needs a travel authorisation to earn a living;
(b) the person's means;
(c) whether there has been wilful refusal or culpable neglect on the part of the person.
(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, it may make an order under this section.
(6) The court may not take action under both this section and section 40.
(7) On an application under subsection (1) the court shall not question—
(a) the liability order by reference to which the Secretary of State acted as mentioned in paragraph (a) of that subsection; or
(b) the maintenance calculation by reference to which that liability order was made.
(8) 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) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under this section.
(9) A court which makes an order under this section shall require the person to whom it relates to produce any travel authorisation that the person holds.
(10) The court shall send to the prescribed person any travel authorisation produced to the court under subsection (9).
(11) Where a court—
(a) makes an order under this section, or
(b) allows an appeal against such an order,
it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.
(12) 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.
(13) In this section (except for the purposes of subsection (11)(b)) and in sections 39C to 39E, “court” means—
(a) in relation to England and Wales, a magistrates' court;
(b) in relation to Scotland, the sheriff.
39C Period for which orders under section 39B are to have effect
(1) Disqualification by an order under section 39B shall be for such period not exceeding two years as the court may specify in the order.
(2) On making an order under section 39B, the court 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 court thinks just.
(3) After making such an order the court may by order suspend the running of the period for which it has effect until such day and on such conditions (if any) as the court thinks just.
(4) The powers conferred by subsections (2) and (3) may be exercised by the court only—
(a) if the person against whom the order under section 39B is made agrees to pay the amount specified in the order; or
(b) if the court is satisfied that the suspension in question is justified by exceptional circumstances.
(5) The Secretary of State may make a further application under section 39B if the amount specified in an order under that section has not been paid in full by the end of the period for which the order has effect.
(1) On making an order under section 39B the court may order the person against whom the order is made to be searched.
(2) Any money found on such a search shall, unless the court otherwise directs, be applied towards payment of the amount specified under section 39B(8); 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 found on a search under subsection (1) if it is satisfied that the money does not belong to the person searched.
39E 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 court may, on an application made by the Secretary of State or the person against whom the order is made, by 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) If the whole of the amount specified in an order under section 39B is paid to any person authorised to receive it, the court shall, on an application made by the Secretary of State or the person against whom the order is made, by order revoke the order under section 39B.
(3) The Secretary of State may make representations to the court as to the amount which should be paid before it would be appropriate to make an order under subsection (1) revoking an order under section 39B, and the person against whom the order was made may reply to those representations.
(4) The court may exercise the powers conferred on it by subsection (1) or (2) without the need for an application where money found on a search under section 39D(1) is applied towards payment of the amount specified in the order under section 39B.
(5) Where a court makes an order under this section, it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.
The Secretary of State may by regulations—
(a) make provision in relation to orders under section 39B corresponding to the provision that may be made under section 40(11);
(b) make provision for sections 39C to 39E to have effect with prescribed modifications in cases where a person against whom an order under section 39B has effect is outside the United Kingdom.
39G Application of sections 39B and 39F to Scotland
(1) In their application to Scotland, sections 39B and 39F have effect with the following modifications.
(2) In section 39B(6) for “section 40” substitute “ section 40A ”.
(3) For section 39F substitute—
Power to make supplementary provision
39F In relation to orders under section 39B—
(a) the Secretary of State may by regulations make provision—
(i) for sections 39C to 39E to have effect with prescribed modifications in cases where a person against whom such an order has effect is outside the United Kingdom;
(ii) that a statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of the person's employer, shall be sufficient evidence of the facts stated; and
(b) 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 corresponding to that which may be made by virtue of section 40A(8).
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person it may—
(a) issue a warrant of commitment against him; or
(b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as it thinks just.
(4) Any such warrant—
(a) shall be made in respect of an amount equal to the aggregate of—
(i) the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and
(ii) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of commitment; and
(b) shall state that amount.
(5) No warrant may be issued under this section against a person who is under the age of 18.
(6) A warrant issued under this section shall order the liable person—
(a) to be imprisoned for a specified period; but
(b) to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.
(7) The maximum period of imprisonment which may be imposed by virtue of subsection (6) shall be calculated in accordance with Schedule 4 to the Magistrates’ Courts Act 1980 (maximum periods of imprisonment in default of payment) but shall not exceed six weeks.
(8) The Secretary of State may by regulations make provision for the period of imprisonment specified in any warrant issued under this section to be reduced where there is part payment of the amount in respect of which the warrant was issued.
(9) A warrant issued under this section may be directed to such person or persons as the court issuing it thinks fit.
(10) Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a warrant issued under this section against a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.
(11) The Secretary of State may by regulations make provision—
(a) as to the form of any warrant issued under this section;
(b) allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed;
(c) that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be evidence of the facts stated;
(d) that, for the purposes of enabling an inquiry to be made as to the liable person’s conduct and means, a justice of the peace may issue a summons to him to appear before a magistrates’ court and (if he does not obey) may issue a warrant for his arrest;
(e) that for the purpose of enabling such an inquiry, a justice of the peace may issue a warrant for the liable person’s arrest without issuing a summons;
(f) as to the execution of a warrant for arrest.
(12) This section does not apply to Scotland.
(1) If, but only if, the sheriff is satisfied that there has been wilful refusal or culpable neglect on the part of the liable person he may—
(a) issue a warrant for his committal to prison; or
(b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as he thinks just.
(2) A warrant under this section—
(a) shall be made in respect of an amount equal to the aggregate of—
(i) the appropriate amount under section 38; and
(ii) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the expenses of commitment; and
(b) shall state that amount.
(3) No warrant may be issued under this section against a person who is under the age of 18.
(4) A warrant issued under this section shall order the liable person—
(a) to be imprisoned for a specified period; but
(b) to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.
(5) The maximum period of imprisonment which may be imposed by virtue of subsection (4) is six weeks.
(6) The Secretary of State may by regulations make provision for the period of imprisonment specified in any warrant issued under this section to be reduced where there is part payment of the amount in respect of which the warrant was issued.
(7) A warrant issued under this section may be directed to such person as the sheriff thinks fit.
(8) 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 any warrant issued under this section;
(b) allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed;
(c) that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be sufficient evidence of the facts stated;
(d) that, for the purposes of enabling an inquiry to be made as to the liable person’s conduct and means, the sheriff may issue a citation to him to appear before the sheriff and (if he does not obey) may issue a warrant for his arrest;
(e) that for the purpose of enabling such an inquiry, the sheriff may issue a warrant for the liable person’s arrest without issuing a citation;
(f) as to the execution of a warrant of arrest.