CSA need money by 1.00 pm tomorrow

kelloggs36

I'll dig it out; it is a statutory instrument passed last year.

kelloggs36

STATUTORY INSTRUMENTS

2009 No. 1314 (C. 72)

FAMILY LAW

CHILD SUPPORT

The Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009

Made28th May 2009
The Secretary of State, in exercise of the power conferred by section 62(3) of the Child Maintenance and Other Payments Act 2008(1), makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009.
(2) In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.
Appointed days
2.—(1) The following provisions come into force on 1st June 2009 for the purpose of making regulations and on 3rd August 2009 for all other purposes—
(a)section 22 (orders for regular deductions from accounts);
(b)section 23 (lump sum deduction orders);
(c)section 57(1) (minor and consequential amendments), so far as relating to paragraph 1(22)(a) of Schedule 7; and
(d)paragraph 1(22)(a) of Schedule 7 (minor and consequential amendments).
(2) The following provisions, in so far as not already in force, come into force on 1st June 2009—
(a)sections 57(1) and 58 (repeals), so far as relating to the paragraphs and entries referred to in sub-paragraphs (b) and (c) below;
(b)the following paragraphs of Schedule 7—
(i)paragraphs 1(7), (9), (10), (26), (32) and (34), 2(3) to (6) and 4, and
(ii)paragraph 1(25)(a), except in relation to the definition of “curfew order”; and
(c)in Schedule 8 (repeals), the entries relating to—
(i)the repeal of sections 6 and 36(2) of the Child Support Act 1991(2) and the repeals in section 7(1) of that Act, and
(ii)the repeal of paragraph 9 of Schedule 3 to the Child Support Act 1995(3).
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzieParliamentary Under-Secretary of State,Department for Work and Pensions
28th May 2009

kelloggs36

22Orders for regular deductions from accountsAfter section 32 of the Child Support Act 1991 (c. 48) insert—
“32AOrders for regular deductions from accounts
(1)If in relation to any person it appears to the Commission—
(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;it 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 Commission—
(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 Commission.
(7)The Commission 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.
32BOrders under section 32A: joint accounts
(1)Before making an order under section 32A in respect of a joint account the Commission 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 Commission to be fair in all the circumstances.
(3)In determining those amounts the Commission 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.
32CRegulations about orders under section 32A
(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 Commission;
(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 Commission 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 Commission 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 Commission for it 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 Commission 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 Commission 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.
32DOrders under section 32A: offences
(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.”
23Lump sum deduction ordersAfter section 32D of the Child Support Act 1991 (c. 48) (inserted by section 22 of this Act) insert—
“32ELump sum deductions: interim orders
(1)The Commission may make an order under this section if it appears to the Commission 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 Commission 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 Commission—
(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 Commission 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.
32FLump sum deductions: final orders
(1)The Commission 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 Commission in respect of the proposal specified in the interim order has expired; and
(c)the Commission has considered any representations made to it 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 Commission 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 Commission—
(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 Commission 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.
32GOrders 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.
32HOrders 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 Commission the amount standing to the credit of the account; and
(b)otherwise, to deduct from the account and pay to the Commission 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 Commission 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.

chriszzz

Thats a bit long winded kellogs lol :rotfl::rotfl::rotfl:

You could ov at least condensed it!! Took me 30 mins to absorb and maintain information, which am sure by tomorrow i will forget lol

DUTR

Thanks Kellogs36 , it does read though as that every other possible avenue has to be explored 1st before they can dip into peoples accounts (just as well I keep mine off shore)

kelloggs36

I didn't condense it as I just copied and pasted it over!!!

chriszzz

thats a bit long winded kellogs lol :rotfl::rotfl::rotfl:

You could ov at least condensed it!! Took me 30 mins to absorb and maintain information, which am sure by tomorrow i will forget lol

Hope you took no offence to the above, it was in made with a light hearted sense of humour in relation to the length of your post and trying to read it all

kelloggs36

I didn't take offence at all!! I was hoping you didn't expect me to sit and edit it all lol!!!

romanempire

Not the clearest piece of legislation I've seen. Are they deliberately trying to make it as hard as possible to understand?

kelloggs36

Probably!!!!