The Child Support (Northern Ireland) Order 1991, Section 36A is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
36A.—(1) Where the Department has sought to recover an amount by virtue of Article 35 and that amount, or any portion of it, remains unpaid, the Department may apply to the court under this Article.
(2) An application under this Article 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 for 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 Department may make representations to the court as to whether the Department thinks it more appropriate to commit the liable person to prison or to disqualify him for holding or obtaining a driving licence; and the liable person may reply to those representations.
(5) In this Article and Article 37A, “driving licence” means a licence to drive a motor vehicle granted under Part II of the Road Traffic (Northern Ireland) Order 1981.
(6) In this Article and Articles 37 and 37A, “the court” means a court of summary jurisdiction.]
Modifications etc. (not altering text)
C1Art. 36A excluded (30.6.2014) by The Child Support Fees Regulations (Northern Ireland) 2014 (S.R. 2014/182), regs. 1(1), 9(2)(a)
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