The Child Support (Collection and Enforcement) Regulations 1992

Regulation 34(1)

SCHEDULE 3 E+W+S FORM OF WARRANT OF COMMITMENT

Section 40 of the Child Support Act 1991 and regulation 34(1) 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 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 the [»] County Court, by means of [garnishee proceedings] F1 ... [a charging order], the amount then outstanding in respect of which the order was made;

(ii) that such amount, or any portion of it, remains unpaid; and

(iii) having inquired in the liable person’s presence as to his means and as to whether there has been [wilful refusal] F2 ... [culpable neglect] on his part, the court is of the opinion that there has been [wilful refusal] F3 ... [culpable neglect] on his part.

Textual Amendments

F1 Word in Sch. 3 para (i) omitted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(8)(b) (with reg. 6)

F2 Word in Sch. 3 para (iii) omitted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(8)(c) (with reg. 6)

F3 Word in Sch. 3 para (iii) omitted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(8)(c) (with reg. 6)

The decision of the court is that the liable person be [committed to prison] [detained] for [»] unless the aggregate amount mentioned below in respect of which this warrant is made is sooner paid.*

This warrant is made in respect of—

Amount outstanding (including any interest, [F4 penalty payments, fees,] costs and charges):

Textual Amendments

F4 Words in Sch. 3 inserted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(8)(a) (with reg. 6)

Costs of commitment of the Secretary of State:

Aggregate amount:

And you[name of person or persons to whom warrant is directed] are hereby required to take the liable person and convey him to[name of prison or place of detention] and there deliver him to the [governor] [officer in charge] thereof; and you, the [governor] [officer in charge], to receive the liable person into your custody and keep him for[period of imprisonment] from the date of his arrest under this warrant or until he be sooner discharged in due course of law.

» Justice of the Peace

» [or by order of the Court Clerk of the Court].

*Note: The period of imprisonment will be reduced as provided by regulation 34(5) and (6) of the Child Support (Collection and Enforcement) Regulations 1992 if part-payment is made of the aggregate amount.