PART IVE+W+S LIABILITY ORDERS

Extent of this PartE+W+S

26.  This Part, except regulations [F129(2), 35(5) and 35A(5)], does not apply to Scotland.

Notice of intention to apply for a liability orderE+W+S

27.—(1) [F2Subject to paragraph (1A),] the Secretary of State shall give the liable person at least 7 days notice of his intention to apply for a liability order under section 33(2) of the Act.

[F3(1A) Where the liable person is not resident in the United Kingdom, the Secretary of State shall give the liable person at least 28 days notice of his intention to apply for a liability order under section 33(2) of the Act.]

(2)  Such notice shall set out the amount of child support maintenance which it is claimed has become payable by the liable person and has not been paid and the amount of any interest[F4, penalty payments or fees which have become payable and have not been paid].

(3) Payment by the liable person of any part of the amounts referred to in paragraph (2) shall not require the giving of a further notice under paragraph (1) prior to the making of the application.

Application for a liability orderE+W+S

28.—(1) An application for a liability order shall be by way of complaint for an order to the magistrates’ court F5....

[F6(2) Subject to paragraph (2A), there is no period of limitation in relation to an application under paragraph (1).]

[F7(2A) An application under paragraph (1) may not be instituted in respect of an amount payment of which became due on or before 12th July 2000.]

(3)  A warrant shall not be issued under section 55(2) of the Magistrates’ Courts Act 1980 M1 in any proceedings under this regulation.

Liability ordersE+W+S

29.—(1) [F8A liability order shall be made in the form prescribed in Schedule 1.]

(2) A liability order made by a court in England or Wales or any corresponding order made by a court in Northern Ireland may be enforced in Scotland as if it had been made by the sheriff.

(3) A liability order made by the sheriff in Scotland or any corresponding order made by a court in Northern Ireland may, subject to paragraph (4), be enforced in England and Wales as if it had been made by a magistrates’ court in England and Wales.

(4)  A liability order made by the sheriff in Scotland or a corresponding order made by a court in Northern Ireland shall not be enforced in England or Wales unless registered in accordance with the provisions of [F9Part II] of the Maintenance Orders Act 1950 M2 and for this purpose—

(a)a liability order made by the sheriff in Scotland shall be treated as if it were a decree to which section 16(2)(b) of that Act applies (decree for payment of aliment);

(b)a corresponding order made by a court in Northern Ireland shall be treated as if it were an order to which section 16(2)(c) of that Act applies (order for alimony, maintenance or other payments).

Enforcement of liability orders by distressE+W+S

30.—(1) A distress made pursuant to section 35(1) of the Act may be made anywhere in England and Wales.

(2) The person levying distress on behalf of the Secretary of State shall carry with him the written authorisation of the Secretary of State, which he shall show to the liable person if so requested, and he shall hand to the liable person or leave at the premises where the distress is levied—

(a)copies of this regulation, regulation 31 and Schedule 2;

(b)a memorandum setting out the amount which is the appropriate amount for the purposes of section 35(2) of the Act;

(c)a memorandum setting out details of any arrangement entered into regarding the taking of possession of the goods distrained; and

(d)a notice setting out the liable person’s rights of appeal under regulation 31 giving the Secretary of State’s address for the purposes of any appeal.

(3) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order.

(4) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the Secretary of State, the Secretary of State shall accept the amount and the levy shall not be proceeded with.

(5) Where the Secretary of State has seized goods of the liable person in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the Secretary of State, the Secretary of State shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the liable person.

Appeals in connection with distressE+W+S

31.—(1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to the magistrates’ court F10....

(2) The appeal shall be by way of complaint for an order.

(3) If the court is satisfied that the levy was irregular, it may—

(a)order the goods distrained to be discharged if they are in the possession of the Secretary of State;

(b)order an award of compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings under section 35(6) of the Act were brought in trespass or otherwise in connection with the irregularity.

(4) If the court is satisfied that an attempted levy was irregular, it may by order require the Secretary of State to desist from levying in the manner giving rise to the irregularity.

Charges connected with distressE+W+S

32.  Schedule 2 shall have effect for the purpose of determining the amounts in respect of charges in connection with the distress for the purposes of section 35(2)(b) of the Act.

Application for warrant of commitmentE+W+S

33.—(1) For the purposes of enabling an inquiry to be made under section [F1139A] of the Act as to the liable person’s conduct and means, a justice of the peace F12... may—

(a)issue a summons to him to appear before a magistrates’ court and (if he does not obey the summons) issue a warrant for his arrest; or

(b)issue a warrant for his arrest without issuing a summons.

(2) In any proceedings under [F13sections 39A and 40] of the Act, 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 there stated.

(3) Where an application under section [F1439A] of the Act has been made but no warrant of commitment is issued or term of imprisonment fixed, the application may be renewed on the ground that the circumstances of the liable person have changed.

Warrant of commitmentE+W+S

34.—(1) [F15A warrant of commitment shall be in the form specified in Schedule 3, or in a form to the like effect.]

(2) The amount to be included in the warrant under section 40(4)(a)(ii) of the Act in respect of costs shall be such amount as in the view of the court is equal to the costs reasonably incurred by the Secretary of State in respect of the costs of commitment.

(3) A warrant issued under section 40 of the Act may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area.

(4) A warrant may be executed by a constable notwithstanding that it is not in his possession at the time but such warrant shall, on the demand of the person arrested, be shown to him as soon as possible.

(5) Where, after the issue of a warrant, part-payment of the amount stated in it is made, the period of imprisonment shall be reduced proportionately so that for the period of imprisonment specified in the warrant there shall be substituted a period of imprisonment of such number of days as bears the same proportion to the number of days specified in the warrant as the amount remaining unpaid under the warrant bears to the amount specified in the warrant.

(6) Where the part-payment is of such an amount as would, under paragraph (5), reduce the period of imprisonment to such number of days as have already been served (or would be so served in the course of the day of payment), the period of imprisonment shall be reduced to the period already served plus one day.

[F16Disqualification from driving orderE+W+S

35.—(1)  For the purposes of enabling an enquiry to be made under section 39A of the Act as to the liable person’s livelihood, means and conduct, a justice of the peace F17 ... may issue a summons to him to appear before a magistrates' court and to produce any driving licence held by him, F18... and, if he does not appear, may issue a warrant for his arrest.

(2)  In any proceedings under sections 39A and 40B of the Act, 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 for or on behalf of his employer, shall be evidence of the facts there stated.

(3)  Where an application under section 39A of the Act has been made but no disqualification order is made, the application may be renewed on the ground that the circumstances of the liable person have changed.

(4) [F19A disqualification order shall be in the form prescribed in Schedule 4.]

(5)  The amount to be included in the disqualification order under section 40B(3)(b) of the Act in respect of the costs shall be such amount as in the view of the court is equal to the costs reasonably incurred by the Secretary of State in respect of the costs of the application for the disqualification order.

(6)  An order made under section 40B(4) of the Act may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area, if the liable person fails to appear or produce or surrender his driving licence F20... to the court.

(7) An order may be executed by a constable notwithstanding that it is not in his possession at the time but such order shall, if demanded, be shown to the liable person as soon as reasonably practicable.

(8) In this regulation “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.]

[F21Disqualification for holding or obtaining a United Kingdom passportE+W+S

35A.—(1) For the purposes of enabling an inquiry to be made under section 39B(4) of the Act as to the liable person’s ability to earn a living, means and conduct, a justice of the peace may issue a summons to the liable person to appear before a magistrates’ court and to produce a United Kingdom passport held by the liable person and, if the person does not appear, may issue a warrant for their arrest.

(2) In any proceedings under section 39B of the Act, a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, signed by or on behalf of the liable person’s employer, is evidence of the facts stated.

(3) Where an application under section 39B of the Act has been made but no disqualification order is made, the application may be renewed on the ground that the circumstances of the liable person have changed.

(4) [F22A disqualification order must be in the form prescribed in Schedule 5.]

(5) The amount to be included in the disqualification order under section 39B(8)(b) of the Act in respect of the costs of the application for the disqualification order must be such amount as in the view of the court is equal to the costs reasonably incurred by the Secretary of State in respect of the costs of the application for the disqualification order.

(6) An order made under section 39B(9) of the Act may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within the constable’s police area, if the liable person fails to appear or produce or surrender their United Kingdom passport to the court.

(7) An order made under section 39B(9) of the Act may be executed by a constable even if it is not in the constable’s possession at the time but the order shall, if demanded, be shown to the liable person as soon as reasonably practicable.

(8) The court shall send to the Secretary of State for the Home Department a United Kingdom passport produced to the court under section 39B(9) of the Act]