The Child Support (Collection and Enforcement) Regulations 1992

[^key-5d4d99c633b95a7d8871726779909d13]: Reg. 25MA inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(13)

[^key-f5226e2e52e52fb44388a561c7080605]: Regs. 25XA-25XC inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(18)

[^key-53beb3eddd12543fff5f5b8aa7e4dd22]: Reg. 25AE inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(20)

[^key-ce8c4c3d0fa473de89f65329b7113f5f]: Words in reg. 25A(1) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(2)(a)(i)

[^key-484de9997a737a6a37a1b695c51f9a4b]: Words in reg. 25A(4) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(2)(c)

[^key-d4a946c71e60cf68366b3aee21515b69]: Words in reg. 25AC(a) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(19)(a)

[^key-d76b9db641883d69bf4e273423a6e630]: Words in reg. 25AC(e) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(19)(d)

[^key-ffb22301d1a6ed3b6e55562b1a50f78f]: Words in reg. 25AC(c) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(19)(b)

[^key-ab5b3412bd73ee0d0a380d22b35261f8]: Word in reg. 25AC(d) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(19)(c)

[^key-fb5f5d40e0ea9aded5e18d613455450d]: Reg. 25E(5A) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(4)(b)

[^key-1299d1b7f328d1ec9d698d69d21e7dbc]: Words in reg. 25E(1) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(4)(a)

[^key-0e832f4eae164cb8df537b781f1cadab]: Reg. 25G(1) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(a)

[^key-6add1c71b69e136356ec3ca2511f076c]: Words in reg. 25G(2)(a) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(b)(i)

[^key-f183e4119812e10116cdd5c554f1136e]: Regs. 25G(2)(g)-(h) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(b)(iv)

[^key-268fed17199a0f82f9f3b0ee8c039e60]: Words in reg. 25G(2)(b) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(b)(ii)

[^key-af95798dd102a3e3a6ab354a1274ce84]: Word in reg. 25G(2)(e) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(5)(b)(iii)

[^key-9c1bae480e6a1cbfff3804b8d2259abf]: Reg. 25I(5) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(d)

[^key-dcf5327ef9f22ce1ca74c63563774f88]: Reg. 25I(1) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(a)

[^key-9e7bc78ff24700db2d040f340ad87060]: Words in reg. 25I(3) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(c)

[^key-461a1e1b705cdc28ce96b6d2e459c157]: Word in reg. 25I(2)(c) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(b)(i)

[^key-fac53fcc93830475a4b78a1b243853bf]: Reg. 25I(2)(e) and word inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(6)(b)(ii)

[^key-e0103b0b1d110d2faed9433cac61f0dd]: Reg. 25J(5) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(8)(b)

[^key-ff258df3258dd7d40a497ad05812bc6c]: Word in reg. 25J(2)(a) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(8)(a)(i)

[^key-c1975f707feabcb399352245ab548e0f]: Reg. 25J(2)(c) and word inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(8)(a)(ii)

[^key-d6811e80637afe5d351c43948080c78b]: Word in reg. 25K(1)(a) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(9)(a)

[^key-54b3e5ef2849106dae99a790a6669adb]: Reg. 25K(1)(c) and word inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(9)(b)

[^key-f674c2ee1d141f71cc4907f933afba5e]: Reg. 25L(1)(f) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(11)(a)

[^key-f679f6e9336f11056fe276ab9d881528]: Word in reg. 25L(1)(g) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(11)(b)

[^key-dbefa94b0c857aa7d99e1c134700f41f]: Reg. 25L(1)(i) and word inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(11)(c)

[^key-9e2387467c13e33e34cf29acaa01bb1f]: Reg. 25M substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(12)

[^key-0d0050ca985582b7d4d99623da8d9e19]: Reg. 25N(1)(aa) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(14)(a)

[^key-fa043623f30e1b4639efe4b75e6781f8]: Words in reg. 25N(1)(b) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(14)(b)

[^key-55fe1f61115c007a9dd2a381a0a618aa]: Words in reg. 25N(1)(d) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(14)(c)

[^key-9bd2459e1b8e075d059e3c441c7cbcf9]: Words in reg. 25N(2) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(14)(d)

[^key-b6cc68fb86bd2169783420c791049813]: Words in reg. 25N(3)(b) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(14)(d)

[^key-835418efedb77257c4f9391b984699e6]: Reg. 25O(5A) inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(15)

[^key-aa6a97e5e791d65e0b0fd6c60031fa56]: Word in reg. 25U(1)(f) omitted (20.12.2018) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(16)(a)

[^key-da57b51b31229872d1c867f077de28e8]: Reg. 25U(1)(h) and word inserted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(16)(b)

[^key-7e8a53ad3b7b666dffdc04d181d97f54]: Reg. 25X(3) substituted (20.12.2018) by The Child Support (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1279), regs. 1(3), 3(17)

[^key-5c4a891212e76ee4bad487d00af9513e]: Words in reg. 3(9) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 44

[^key-0e639f49a58e35e582d2f3fd01a6103e]: Sch. 1 omitted (E.W.) (19.7.2021) by virtue of The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 3(6)

[^key-d1514f25fc6e7d8a62c107fb7229baa6]: Sch. 3 omitted (E.W.) (19.7.2021) by virtue of The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 3(7)

[^key-d3e6fd94ad45553b45a365c4484c2f6f]: Sch. 4 omitted (E.W.) (19.7.2021) by virtue of The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 3(8)

[^key-35e38e57f5822c4c08e5c95f32b37777]: Sch. 5 omitted (E.W.) (19.7.2021) by virtue of The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 3(9)

[^key-3d6d0974d91537fcc777bc4ba7e18ccb]: Reg. 29(1) omitted (E.W.) (19.7.2021) by virtue of The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 3(2)

[^key-99e85d122491abda0c8fbde81a807767]: Reg. 34(1) omitted (E.W.) (19.7.2021) by virtue of The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 3(3)

[^key-3ec0442594d6eabb74750996772e465d]: Reg. 35(4) omitted (E.W.) (19.7.2021) by virtue of The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 3(4)

[^key-dff43b6a2418e7cb4184d15062a7d107]: Reg. 35A(4) omitted (E.W.) (19.7.2021) by virtue of The Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment No. 2) Regulations 2021 (S.I. 2021/763), regs. 1(2), 3(5)

[^key-db538e0fa03bed273760c3b2335a5336]: Reg. 1A inserted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 4

[^key-9ae6550aaf561710b433479844221b0e]: Sch. A1 inserted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 6

[^key-6d3e9bccc4e58891bce1a0e7ebf400a4]: Words in reg. 1(2) inserted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 3(a)

[^key-6f5e39986fd93b2f38810c81588d799c]: Word in reg. 1(3)(a) omitted (26.5.2022) by virtue of The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 3(b)(i)

[^key-b1a5d804ec92381d7ac27345fbc18ee2]: Reg. 1(3)(c) and word inserted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 3(b)(ii)

[^key-6bc0998cfc41bbe6ff25f21133e1558d]: Reg. 25A(3)(b) substituted (26.5.2022) by The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 5(a)

[^key-c985597be2956cefc33e1f748dbf818c]: Reg. 25A(5) omitted (26.5.2022) by virtue of The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 5(b)

[^key-8dfc230dcbfceed1b66be33c715c1f73]: Reg. 25A(7)(a) omitted (26.5.2022) by virtue of The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 5(c)

[^key-9df7b1698e08d2c25653149c7635fe5e]: Reg. 25A(7)(b) omitted (26.5.2022) by virtue of The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022 (S.I. 2022/503), regs. 1(2), 5(c)

FORM OF ORDER OF DISQUALIFICATION FROM HOLDING OR OBTAINING A DRIVING LICENCE

Sections 39A and 40B of the Child Support Act 1991 and regulation 35 and the Child Support (Collection and Enforcement) Regulations 1992
Magistrates' Court
Date:
Liable Person:
Address:
A liability order ("the order") was made against the liable person by the [__] Magistrates' Court on [____] under section 33 of the Child Support Act 1991 ("the Act") in respect of an amount of [______].
The court is satisfied
(i) that the Secretary of State sought under section 35 of the Act of levy by distress the amount then outstanding in respect of which the order was made;
[and/or]
that the Secretary of State sought under section 36 of the Act to recover through [___] County Court by means of [garnishee proceedings] [a charging order], the amount then outstanding in respect of which the order was made;
(ii) that such amount, or any proportion of it, remains unpaid; and
(iii) having inquired in the liable person's presence as to his means and whether there has been [wilful refusal] [culpable neglect] on his part.
This decision of the court is that the liable person be disqualified from [holding or obtaining] a driving licence from [date] for [period] unless the aggregate amount in respect of which this order is made is sooner paid*
This order is made in respect of
Amount outstanding (including any interest, fees, penalty payments, costs and charges);
aggregate amount:
And you [the liable person] shall surrender to the court any driving licence ... held.
Justice of the Peace
[or by order of the Court
Clerk of the Court]
*Note: The period of disqualification may be reduced as provided by section 40B(5)(a) of the Act if part payment is made of the aggregate amount. The order will be revoked by section 40B(5)(b) of the Act if full payment is made of the aggregate amount.

Disqualification for holding or obtaining a United Kingdom passport

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) A 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

SCHEDULE 5

FORM OF ORDER OF DISQUALIFICATION FOR HOLDING OR OBTAINING A UNITED KINGDOM PASSPORT

Sections 39B to 39G of the Child Support Act 1991 and regulation 36 of the Child Support (Collection and Enforcement) Regulations 1992
Magistrates' Court
Date:
Liable Person:
Address:
A liability order ("the order") was made against the liable person by the [___] Magistrates' Court on [___] under section 33 of the Child Support Act 1991 ("the Act") in respect of an amount of [________].
The Court is satisfied-
(i) that the Secretary of State sought under section 35 of the Act to take control of goods to recover the amount then outstanding in respect of which the order was made:
[and/or]
that the Secretary of State sought under section 36 of the Act to recover through [___] County Court by means of [a third party debt order] [a charging order], the amount then outstanding in respect of which the order was made:
(ii) that such amount, or any proportion of it, remains unpaid; and
(iii) having inquired in the liable person's presence as to the liable person's means and whether there has been [wilful refusal] [culpable neglect] on their part.
the decision of the court is that the liable person be disqualified for [holding or obtaining] a United Kingdom passport from [date] for [period] unless the aggregate amount in respect of which this order is made is sooner paid.*
This order is made in respect of-
Amount outstanding (including any interest, fees, penalty payments, costs and charges):
Aggregate amount:
And you [the liable person] must surrender to the court any United Kingdom passport held.
Justice of the Peace
[or by order of the Court
Clerk of the Court]
*Note: The period of disqualification may be reduced as provided by section 39E(1)(a) of the Act if part payment is made of the aggregate amount. The order will be revoked under section 39E(2) of the Act if full payment is made of the aggregate amount.

Regular deduction order in respect of a joint account

25A1

• (1) Before making a regular deduction order in respect of a joint account the Secretary of State shall serve a notice containing the information set out in paragraph (2) and the further information set out in paragraph (3) or (4) (as appropriate).

• (2) The information for each account-holder is—

• (a) that the Secretary of State is proposing to make an order in respect of the account;

• (b) the name of the liable person;

• (c) the number and sort code of the account;

• (d) that the order would be made to secure the payment of child support maintenance payable by the liable person;

• (e) the dates on which the Secretary of State is proposing to make deductions under the order;

• (f) that each account-holder has an opportunity to make representations to the Secretary of State about the matters in sub-paragraphs (a) and (e);

• (g) that the order is likely to be made in the terms set out in the notice if representations are not made; and

• (h) the period for making representations.

• (3) The further information to the liable person is—

• (a) the amounts that the Secretary of State is proposing to deduct under the order in respect of arrears of child support maintenance payable under the calculation and amounts of child support maintenance which will become payable under the calculation;

• (b) that the liable person has an opportunity to make representations to the Secretary of State about the matters in sub-paragraph (a);

• (c) that the order is likely to be made in the terms set out in the notice if representations are not made; and

• (d) the period for making representations.

• (4) The further information to another account-holder is—

• (a) the amounts that the Secretary of State is proposing to deduct under the order;

• (b) that another account-holder has an opportunity to make representations to the Secretary of State about the matters in sub-paragraph (a);

• (c) that the order is likely to be made in the terms set out in the notice if representations are not made; and

• (d) the period for making representations.

• (5) The period for making representations to the Secretary of State in respect of the matters referred to in paragraphs (2)(a), (e) and (3)(a) or (4)(a) is—

• (a) 14 days, beginning with the day on which the account-holder receives the notice; or

• (b) such longer period as the Secretary of State considers reasonable in the circumstances of the case.

• (6) A regular deduction order may not be made before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraphs (2)(a), (e) and (3)(a) or (4)(a) made to the Secretary of State during that period.

Variation of a regular deduction order in respect of a joint account

25IA

• (1) Before varying a regular deduction order made in respect of a joint account—

• (a) to increase the amounts deducted; or

• (b) to vary the deduction dates,

the Secretary of State shall serve on each account-holder a notice containing the information set out in paragraph (2).

• (2) The information is—

• (a) that listed in regulation 25A1(2)(b), (c), (e), (g), (h) and (3)(a) or (4)(a) (as appropriate);

• (b) that the Secretary of State is proposing to vary the order in respect of the joint account;

• (c) an explanation as to why the Secretary of State is proposing to vary the order; and

• (d) that the account-holder has an opportunity to make representations about the matters in sub-paragraph (b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate).

• (3) The period for making representations to the Secretary of State in respect of the matters referred to in paragraph (2)(b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate) is—

• (a) 14 days, beginning with the day on which the account-holder receives the notice; or

• (b) such longer period as the Secretary of State considers reasonable in the circumstances of the case.

• (4) The regular deduction order may not be varied before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraph (2)(b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate) made to the Secretary of State during that period.

Lapse of a regular deduction order

Revival of a regular deduction order

Revival of a regular deduction order proposed in respect of a joint account

25KA

• (1) Before reviving a regular deduction order made in respect of a joint account, the Secretary of State shall serve on each account-holder a notice containing the information set out in paragraph (2).

• (2) The information is—

• (a) that listed in regulation 25A1(2)(b), (c), (e), (g), (h) and (3)(a) or (4)(a) (as appropriate);

• (b) that the Secretary of State is proposing to revive the order in respect of the account;

• (c) an explanation as to why the Secretary of State is proposing to revive the order; and

• (d) that the account-holder has an opportunity to make representations about the matters in sub-paragraph (b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate).

• (3) The period for making representations to the Secretary of State in respect of the matters referred to in paragraph (2)(b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate) is—

• (a) 14 days, beginning with the day on which the account-holder receives the notice; or

• (b) such longer period as the Secretary of State considers reasonable in the circumstances of the case.

• (4) A regular deduction order may not be revived before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraph (2)(b) and regulation 25A1(2)(e) and (3)(a) or (4)(a) (as appropriate) made to the Secretary of State during that period.

Discharge of a regular deduction order

Notice where an interim lump sum deduction order has been made in respect of a joint account

25MA

• (1) Where the Secretary of State serves a copy of the interim order made in respect of a joint account on each account-holder, that order must be accompanied by a notice containing the information set out in paragraph (2).

• (2) The information is—

• (a) the name of the liable person;

• (b) that the Secretary of State has made the interim order in respect of the account and is proposing to make a final order in respect of that account;

• (c) that an interim order or final order 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);

• (d) that the interim order has been made because the liable person is required to pay an amount of arrears of child support maintenance and the Secretary of State is seeking to secure the payment of some or all of that amount;

• (e) the earliest date proposed by the Secretary of State for paying the amount of arrears of child support maintenance secured under a final order;

• (f) that the account-holder has an opportunity to make representations about the proposal specified in the interim order;

• (g) that a final order is likely to be made in the terms set out in the notice if representations are not made; and

• (h) the period for making representations.

• (3) The period for making representations to the Secretary of State in respect of the matters referred to in paragraph (2)(b), (d) and (e) is—

• (a) 28 days, beginning with the day on which the account-holder receives the notice; or

• (b) such longer period as the Secretary of State considers reasonable in the circumstances of the case.

• (4) A final order may not be made before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraph (2)(b), (d) and (e) made to the Secretary of State during that period.”.

• (5) In this regulation—

• “interim order” means an order under section 32E of the Act; and

• “final order” means an order under section 32F of the Act.

Disapplication of sections 32G(1) and 32H(2)(b) of the Act

Information

Priority as between orders – lump sum deduction orders

Minimum amount

Variation of a lump sum deduction order

Lapse of a lump sum deduction order

Revival of a lump sum deduction order

Discharge of a lump sum deduction order

Time at which a lump sum deduction order under section 32E of the Act ceases to be in force

Meaning of “the relevant time”

Deduction orders in respect of joint accounts

25XA

A regular deduction order or a lump sum deduction order may be made in respect of a joint account which is held by the liable person and one or more other persons.

Sharing information with account-holders

25XB

Where the Secretary of State serves a notice on an account-holder under regulation 25A1, 25IA, 25KA or 25MA, that notice may be accompanied by such information about the liable person as the Secretary of State considers essential to enable the account-holder to make representations in respect of the proposal specified in the notice.

Information provided by a deposit-taker before the making of an order

25XC

• (1) Before making a regular deduction order or a lump sum deduction order in respect of a joint account, the Secretary of State may by way of notice require a deposit-taker to provide the information set out in paragraph (3) to the Secretary of State.

• (2) The information required under paragraph (1) must be provided within 14 days, beginning with the day on which the Secretary of State’s notice was served on the deposit-taker.

• (3) The information is—

• (a) the name of each account-holder;

• (b) the residential address or the address for correspondence, if different, of each account-holder;

• (c) the number and sort code of the account;

• (d) the type of account;

• (e) the amount standing to the credit of the account specified in the request; and

• (f) details of any transactions on the account in the 6 month period before the Secretary of State’s notice was served on the deposit-taker.

Circumstances in which amounts standing to the credit of an account are to be disregarded

Administrative costs

Payment by deposit-taker to the Secretary of State

Appeals

Offences

Secretary of State to warn of consequences of failing to comply with an order or to provide information

Review

25AE

• (1) The Secretary of State must from time to time—

• (a) carry out a review of the regulatory provision contained in regulations 25A to 25AD of these Regulations;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) The report must, in particular—

• (a) set out the objectives intended to be achieved by those provisions;

• (b) assess the extent to which those objectives are achieved;

• (c) assess whether those objectives remain appropriate; and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

• (3) The first report under this regulation must be published before the end of the period of 5 years, beginning with the date on which the Child Support (Miscellaneous Amendments) Regulations 2018 come into force.

• (4) Subsequent reports under this regulation must be published at intervals not exceeding 5 years.

• (5) In this regulation, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015.

Use of electronic communications

1A

Schedule A1 makes provision for the use of electronic communications.

SCHEDULE A1 — Electronic Communications

PART 1 — Use of Electronic Communications

Use of electronic communications

1

• (1) Where these Regulations require or permit a person to carry out an action referred to in sub-paragraph (2)—

• (a) that person may, if the conditions specified in paragraph 2 are met, use electronic communication to carry out the action, and

• (b) any reference to the action is to be construed as being capable of being carried out using electronic communication.

• (2) The actions are—

• (a) giving consent;

• (b) giving or sending of a document or notice;

• (c) notifying a person;

• (d) making an application other than an application under—

• (i) paragraph (2)(a) of regulation 22 (appeals against deduction from earnings orders);

• (ii) regulation 28 (application for a liability order);

• (e) making representations;

• (f) serving a notice or order, including a copy of that notice or order;

• (g) setting out in writing.

Conditions for the use of electronic communications

2

The conditions for the use of electronic communications are—

• (a) the electronic communication, its form, and the electronic address for the communication, have been agreed with the recipient for a purpose in paragraph 1(2);

• (b) the electronic communication is sent in the agreed form to the agreed electronic address for the agreed purpose;

• (c) the electronic communication is—

• (i) legible, and

• (ii) in a form sufficiently permanent to be used for subsequent reference.

Use of intermediaries

3

The Secretary of State may use intermediaries in connection with the actions referred to in paragraph 1(2).

PART 2 — Evidential provisions

Proof of delivery

4

• (1) An agreed electronic communication is presumed, unless the contrary is proved, to have resulted in delivery if—

• (a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is recorded on an official computer system; or

• (b) in the case that it falls to be delivered by the Secretary of State, if the despatch of the agreed electronic communication is recorded on an official computer system.

• (2) An agreed electronic communication is presumed, unless the contrary is proved, not to have resulted in delivery if—

• (a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is not recorded on an official computer system; or

• (b) in the case that it falls to be delivered by the Secretary of State, the despatch of that agreed electronic communication is not recorded on an official computer system.

• (3) The time and date of receipt of an agreed electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Proof of identity

5

• (1) The identity of the sender and the recipient of an electronic communication is presumed to be the persons whose names are recorded on an official computer system, unless the contrary is proved.

• (2) An electronic communication sent on behalf of another person (“P”) is presumed to have been delivered by P unless P proves that it was delivered without P’s knowledge.

Proof of content

6

The content of an electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Interpretation

7

In this Schedule—

• “agreed electronic address” means an electronic address agreed in accordance with paragraph 2(a);

• “agreed electronic communication” means an electronic communication agreed in accordance with paragraph 2(a);

• “agreed form” means the form agreed in accordance with paragraph 2(a);

• “agreed purpose” means the purpose agreed in accordance with paragraph 2(a);

• “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the purposes of these Regulations.