Child Support Act 1991

[F1 40B Disqualification from driving: further provision. E+W+S

(1) If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person, it may—

(a) order him to be disqualified, for such period specified in the order but not exceeding two years as it thinks fit, from holding or obtaining a driving licence (a “disqualification order”); or

(b) make a disqualification order but suspend its operation until such time and on such conditions (if any) as it thinks just.

(2) The court may not take action under both section 40 and this section.

(3) A disqualification order must state the amount in respect of which it is made, which is to be the aggregate of—

[F2 (a) the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and]

(b) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under section 39A.

(4) A court which makes a disqualification order shall require the person to whom it relates to produce any driving licence held by him, F3 ...

(5) On an application by the [F4 Secretary of State] or the liable person, the court—

(a) may make an order substituting a shorter period of disqualification, or make an order revoking the disqualification order, if part of the amount referred to in subsection (3) (the “amount due”) is paid to any person authorised to receive it; and

(b) must make an order revoking the disqualification order if all of the amount due is so paid.

(6) The [F4 Secretary of State] may make representations to the court as to the amount which should be paid before it would be appropriate to make an order revoking the disqualification order under subsection (5)(a), and the person liable may reply to those representations.

(7) The [F5 Secretary of State] may make a further application under section 39A if the amount due has not been paid in full when the period of disqualification specified in the disqualification order expires.

(8) Where a court—

(a) makes a disqualification order;

(b) makes an order under subsection (5); or

(c) allows an appeal against a disqualification order,

it shall send notice of that fact to the [F5 Secretary of State]; and the notice shall contain such particulars and be sent in such manner and to such address as the [F5 Secretary of State] may determine.

(9) Where a court makes a disqualification order, it shall also send the driving licence F6 ... , on [F7 its] being produced to the court, to the [F8 Secretary of State] at such address as [F8 the Secretary of State] may determine.

(10) Section 80 of the Magistrates’ Courts Act 1980 (application of money found on defaulter) shall apply in relation to a disqualification order under this section in relation to a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section.

(11) The Secretary of State may by regulations make provision in relation to disqualification orders corresponding to the provision he may make under section 40(11).

(12) In the application to Scotland of this section—

(a) in subsection (2) for “section 40” substitute “section 40A”;

(b) in subsection (3) for paragraph (a) substitute—

“(a) the appropriate amount under section 38;”;

(c) subsection (10) is omitted; and

(d) for subsection (11) substitute—

“(11) The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make, in relation to disqualification orders, provision corresponding to that which may be made by virtue of section 40A(8).”]

Textual Amendments

F1 S. 40B inserted (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 16(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2(3)

F2 S. 40B(3)(a) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 97 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F3 Words in s. 40B(4) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 65(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F4 Words in s. 40B(5)(6) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 49(a)

F5 Words in s. 40B(7)(8) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 49(a)

F6 Words in s. 40B(9) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 65(3)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F7 Word in s. 40B(9) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 65(3)(b); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F8 Words in s. 40B(9) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 49(b)

Modifications etc. (not altering text)

C1 Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))

C2 S. 40B modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(5), 62(3); S.I. 2008/1476, art. 2(6)

C3 S. 40B modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 59(6), 62(3); S.I. 2008/1476, art. 2(6)