PART VIIIPOWERS OF COURTS

Imprisonment for wilful default

Committal for default107.

(1)

A court may, subject to this Article and in accordance with rules of court, make an order committing to prison until payment of the relevant amount, but not in any event for a term exceeding six weeks, any person who makes default—

(a)

in payment of the amount due or recoverable on foot of a judgment; or

(b)

in payment of any one or more than one instalment due under an instalment order under Article 30 or under paragraph (3); or

(c)

in payment of an amount due under an order for the periodical payment of money made by the High Court or a F1... county court in the exercise of its matrimonial jurisdictionF2 or by the High Court or a F1... county court in the exercise of its civil partnership jurisdiction.

(2)

A person shall not be committed to prison under paragraph (1)—

(a)

by a county court, where—

(i)

the judgment is that of the High Court and the amount due on foot thereof exceedsF3 £15,000; or

(ii)

the order was made by the High Court in the exercise of its matrimonialF2 or civil partnership jurisdiction;

(b)

by a court of summary jurisdiction, where the judgment is not a judgment of such a court;

(c)

by any court, where the relevant amount is due on foot of a judgment which is enforceable through the Office, unless an application has first been made for the enforcement of the judgment by the Office.

(3)

Upon the hearing of an application for committal under paragraph (1), a court may make an order directing that the amount due or recoverable on foot of the judgment or any part thereof, or the instalments or any one or more than one of them, in respect of the payment of which default has been made, be paid by instalments and thereupon the court may—

(a)

dismiss the application; or

(b)

adjourn the hearing of the application; or

(c)

make an order but stay its execution so long as the debtor complies with the order.

(4)

The jurisdiction conferred by this Article may be exercised only where it is proved to the satisfaction of the court that the person making default either has or has had, or but for his act or default would have had, since the date of the judgment or of the instalment order, as the case may be, the means to pay the amount due or recoverable on foot of the judgment or any part thereof, or the instalments or any one or more than one of them, in respect of which he has made default, and has refused or neglected or refuses or neglects to pay the same.

(5)

Where an attachment of earnings order is in force, an order under this Article shall not be made in respect of any failure to pay the amount recoverable on foot of the judgment in respect of which that attachment of earnings order has been made.