. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an application has been made to the Department under Article 7(2) F5or (3A) for the Department to arrange for its collection.

as to the method by which payments of child support maintenance are to be made;

for determining, on the basis of prescribed assumptions, the total amount of the payments of child support maintenance payable in a reference period (including provision for adjustments to such an amount);

as to the method and timing of the transmission of payments which are made to or through the Department or any other person, in accordance with the regulations;

providing for the making of representations with respect to matters with which the regulations are concerned.

a period of 52 weeks beginning with a prescribed date; or

in prescribed circumstances, a prescribed period.

for that method of payment not to be used in any case where there is good reason not to use it; and

for the person against whom the order under Article 31 would be made to have a right of appeal to a court of summary jurisdiction against a decision that the exclusion required by sub-paragraph (a) does not apply.

provision with respect to the period within which a right of appeal under the regulations may be exercised;

provision with respect to the powers of a court of summary jurisdiction in relation to an appeal under the regulations.

prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;

prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.

the Department is arranging, under this Order, for the collection of different payments ( “the payments”) from the same F14non-resident parent;

an amount is collected by the Department from the F14non-resident parent which is less than the total amount due in respect of the payments; and

the F14non-resident parent has not stipulated how that amount is to be allocated by the Department as between payments,

arrears of child support maintenance payable under the F17calculation;

amounts of child support maintenance which will become due under the F18calculation; or

both such arrears and such future amounts.

shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and

shall have effect from such date as may be specified in the order.

make deductions from the liable person's earnings; and

pay the amounts deducted to the Department.

the person who appears to the Department to have the liable person in question in his employment; and

the liable person.

a deduction from earnings order has been made; and

a copy of the order has been served on the liable person's employer,

as to the circumstances in which one person is to be treated as employed by another;

requiring any deduction from earnings under an order to be made in the prescribed manner;

for the amount or amounts which are to be deducted from the liable person’s earnings not to exceed a prescribed proportion of his earnings (as determined by the employer);

requiring an order to specify the amount or amounts to which the order relates and the amount or amounts which are to be deducted from the liable person's earnings in order to meet his liabilities under the F20maintenance calculation in question;

requiring the intervals between deductions to be made under an order to be specified in the order;

as to the payment of sums deducted under an order to the Department;

allowing the person who deducts and pays any amount under an order to deduct from the liable person's earnings a prescribed sum towards his administrative costs;

with respect to the notification to be given to the liable person of amounts deducted, and amounts paid, under the order;

requiring any person on whom a copy of an order is served to notify the Department in the prescribed manner and within a prescribed period if he does not have the liable person in his employment or if the liable person ceases to be in his employment;

as to the operation of an order where the liable person is in the employment of the Crown;

for the variation of orders;

similar to that made by Article 31(7), in relation to any variation of an order;

for an order to lapse when the employer concerned ceases to have the liable person in his employment;

as to the revival of an order in such circumstances as may be prescribed;

allowing or requiring an order to be discharged;

as to the giving of notice by the Department to the employer concerned that an order has lapsed or has ceased to have effect.

the liable person shall notify the Department, in the prescribed manner and within a prescribed period, of each occasion on which he leaves any employment or becomes employed, or re-employed, and shall include in such a notification a statement of his earnings and expected earnings from the employment concerned and of such other matters as may be prescribed;

any person who becomes the liable person's employer and knows that the order is in force shall notify the Department, in the prescribed manner and within a prescribed period, that he is the liable person's employer, and shall include in such a notification a statement of the liable person's earnings and expected earnings from the employment concerned and of such other matters as may be prescribed.

any other deduction from earnings order;

any order under any other statutory provision which provides for deductions from the liable person's earnings.

provision with respect to the period within which a right of appeal under the regulations may be exercised;

provision as to the powers of a court of summary jurisdiction in relation to an appeal (which may include provision as to the quashing of a deduction from earnings order or the variation of the terms of such an order).

that the person has failed to pay an amount of child support maintenance; and

that the person holds an account with a deposit-taker;

arrears of child support maintenance payable under the calculation;

amounts of child support maintenance which will become payable under the calculation; or

both such arrears and such future amounts.

that liability for the amounts would not be affected were the appeal to succeed; or

where sub-paragraph (a) does not apply, that the making of an order under this Article in respect of the amounts would nonetheless be fair in all the circumstances.

may not be made in respect of an account of a prescribed description; and

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 sub-paragraph (a), if (but only if) regulations made by the Department so provide.

shall specify the account in respect of which it is made;

shall be expressed to be directed at the deposit-taker with which the account is held; and

shall have effect from such date as may be specified in the order.

make deductions from the amount (if any) standing to the credit of the account specified in the order; and

pay the amount deducted to the Department.

the deposit-taker at which it is directed;

the person against whom it is made; and

if the order is made in respect of a joint account, the other account holders.

an order under this Article has been made; an

a copy of the order has been served on the deposit-taker at which it is directed,

the proposal to make the order; and

the amounts to be deducted under the order, if it is made.

any representations made in accordance with paragraph (1)(b);

the amount contributed to the account by each of the account-holders; and

such other matters as may be prescribed.

requiring an order to specify the amount or amounts in respect of which it is made;

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;

requiring an order to specify the dates on which deductions are to be made under it;

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;

as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of Article 32A

as to the payment of sums deducted under an order to the Department;

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 Article 32A(6)(a);

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;

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 Department for it to review the order and as to such a review;

for the variation of orders;

similar to that made by Article 32A(8), in relation to any variation of an order;

for an order to lapse in such circumstances as may be prescribed;

as to the revival of an order in such circumstances as may be prescribed;

allowing or requiring an order to be discharged;

as to the giving of notice by the Department to the deposit-taker that an order has lapsed or ceased to have effect.

any other order under that Article;

any order under any other statutory provision which provides for deductions from the same account.

against the making of an order under Article 32A;

against any decision made by the Department on an application under regulations made under paragraph (2)(k).

provision with respect to the period within which a right of appeal under the regulations may be exercised;

provision with respect to the powers of the court to which the appeal under the regulations lies.

an order under Article 32A, or

any regulation under Article 32C which is designated by the regulations for the purposes of this sub-paragraph,

an amount stands to the credit of an account held by the liable person with a deposit-taker; or

an amount not within sub-paragraph (a) that is of a prescribed description is due or accruing to the liable person from another person (referred to in this Article and Articles 32F to 32J as the “third party”).

may not be made by virtue of paragraph (1)(a) in respect of an account of a prescribed description; an

may be made by virtue of paragraph (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 sub-paragraph (a) of this paragraph, if (but only if) regulations made by the Department so provide.

shall be expressed to be directed at the deposit-taker or third party in question;

if made by virtue of paragraph (1)(a), shall specify the account in respect of which it is made; and

shall specify the amount of arrears of child support maintenance in respect of which the Department proposes to make an order under Article 32F.

that liability for the amount would not be affected were the appeal to succeed; or

where sub-paragraph (a) does not apply, that the making of an order under Article 32F in respect of the amount would nonetheless be fair in all the circumstances.

the deposit-taker or third party at which it is directed;

the liable person; and

if the order is made in respect of a joint account, the other account-holders.

the time at which the prescribed period ends;

the time at which the order under this Article lapses or is discharged; and

the time at which an order under Article 32F made in pursuance of the proposal specified in the order under this Article is served on the deposit-taker or third party at which that order is directed.

the order in which the proposal was specified (“the interim order”) is in force;

the period prescribed for the making of representations to the Department in respect of the proposal specified in the interim order has expired; and

the Department has considered any representations made to it during that period.

shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;

if the interim order was made by virtue of Article 32E(1)(a), shall specify the account specified in the interim order; and

shall specify the amount of arrears of child support maintenance in respect of which it is made.

shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this Article is made; and

if the order is made in respect of a joint account, shall not exceed the amount that appears to the Department to be fair in all the circumstances.

to the amount contributed to the account by each of the account-holders; and

to such other matters as may be prescribed.

that liability for the amount would not be affected were the appeal to succeed; or

where sub-paragraph (a) does not apply, that the making of an order under this Article in respect of the amount would nonetheless be fair in all the circumstances.

the deposit-taker or third party at which it is directed;

the liable person; an

if the order is made in respect of a joint account, the other account-holders.

begins with the service of the order on the deposit-taker or third party at which it is directed; and

(subject to paragraph (6)) ends with the end of the period during which an appeal can be brought against the order by virtue of regulations under Article 32J(5).

proceedings on the appeal (including any proceedings on a further appeal) have been concluded; and

any period during which a further appeal may ordinarily be brought has ended.

if the amount standing to the credit of the account is less than the remaining amount, to pay to the Department the amount standing to the credit of the account; and

otherwise, to deduct from the account and pay to the Department the remaining amount

to pay to the Department any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and

not to do anything else that would reduce the amount standing to the credit of the account.

if the amount due to the liable person is less than the remaining amount, to pay to the Department the amount due to the liable person; and

otherwise, to deduct from the amount due to the liable person and pay to the Department the remaining amount.

to pay to the Department any amount (not exceeding the remaining amount) due to the liable person; and

not to do anything else that would reduce any amount due to the liable person.

by the deposit-taker or third party at which the order under Article 32E or 32F is directed;

by the liable person; and

if the order is made in respect of a joint account, by any of the other account-holders.

provision with respect to the period within which a right of appeal under the regulations may be exercised;

provision with respect to the powers of the court to which the appeal under the regulations lies.

as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of Articles 32E, 32G and 32H;

as to the payment to the Department of sums deducted under an order under Article 32F;

allowing a deposit-taker or third party at which an order under Article 32F is directed to deduct from the amount standing to the credit of the account specified in the order, or due to the liable person, a prescribed amount towards its administrative costs before making any payment to the Department required by Article 32H;

with respect to notifications to be given to the liable person (and, in the case of an order made in respect of a joint account, to the other account-holders) as to amounts deducted, and amounts paid, under an order under Article 32F;

requiring a deposit-taker or third party at which an order under Article 32E or 32F is directed to supply information of a prescribed description to the Department, or to notify the Department if a prescribed event occurs or prescribed circumstances arise;

for the variation of an order under Article 32E or 32F;

for an order under Article 32E or 32F to lapse in such circumstances as may be prescribed;

as to the revival of an order under Article 32E or 32F in such circumstances as may be prescribed

allowing or requiring an order under Article 32E or 32F to be discharged.

any other order under that Article;

any order under any other statutory provision which provides for payments to be made from amounts to which the order under Article 32F relates.

provision with respect to the period within which a right of appeal under the regulations may be exercised;

provision with respect to the powers of the court to which the appeal under the regulations lies.

an order under Article 32E or 32F; or

any regulation under Article 32J which is designated by the regulations for the purposes of this sub-paragraph,

has failed to pay an amount of child support maintenance, and

with the intention of avoiding payment of child support maintenance, is about to make a disposition or to transfer out of the jurisdiction or otherwise deal with any property,

has failed to pay an amount of child support maintenance, and

with the intention of avoiding payment of child support maintenance, has at any time made a reviewable disposition,

a disposition or other dealing with property which is about to take place, or

a disposition which took place after the making of the application on which the maintenance calculation concerned was made.

in a case falling within paragraph (1), that the disposition or other dealing would (apart from this Article) have the consequence of making ineffective a step that has been or may be taken to recover the amount outstanding, or

in a case falling within paragraph (2), that the disposition has had that consequence,

a person who is liable to make payments of child support maintenance ( “the liable person”) fails to make one or more of those payments; and

the liable person fails to make a payment (for the purposes of paragraph (1)(a)); and

a payment is not paid (for the purposes of paragraph (3)),

prescribing the procedure to be followed in dealing with an application by the Department for a liability order;

prescribing the form and contents of a liability order; and

providing that where a court of summary jurisdiction has made a liability order, the person against whom it is made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the Department.

the order shall be enforceable by the Enforcement of Judgments Office on an application to it by the Department; and

the Judgments Enforcement (Northern Ireland) Order 1981F30 ( “the Order of 1981”) shall apply in relation to the amount in respect of which the order was made, to the extent that it remains unpaid, as a money judgment, but subject to paragraphs (2) and (3).

any liability order made by a court in England and Wales; or

any liability order made by the sheriff in Scotland,

the issue of a warrant committing the liable person to prison; or

an order for him to be disqualified for holding or obtaining a driving licence.

whether he needs a driving licence to earn his living;

his means; and

whether there has been wilful refusal or culpable neglect on his part.

issue a warrant of commitment against him; or

fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as it thinks just.

shall state that amount.

to be imprisoned for a specified period; but

to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant.

as to the form of any warrant issued under this Article;

allowing an application under this Article to be renewed where no warrant is issued or term of imprisonment is fixed;

that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be evidence of the facts stated;

that, for the purposes of enabling an inquiry to be made as to the liable person's conduct and means, a justice of the peace may issue a summons to him to appear before a court of summary jurisdiction and (if he does not obey) may issue a warrant for his arrest;

that for the purpose of enabling such an inquiry, a justice of the peace may issue a warrant for the liable person's arrest without issuing a summons;

as to the execution of a warrant for arrest.

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

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

the amount in respect of which the liability order was made or so much of that amount as remains outstanding; and

an amount (determined in accordance with regulations made by the Department) in respect of the costs of the application under Article 36A.

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 paragraph (3) (the “amount due”) is paid to any person authorised to receive it; and

shall make an order revoking the disqualification order if all of the amount due is so paid.

makes a disqualification order;

makes an order under paragraph (5); or

allows an appeal against a disqualification order,

the Department is authorised under Article 7 F35... to recover child support maintenance payable by F36a non-resident parent in accordance with a F37maintenance calculation; and

the F36non-resident parent has failed to make one or more payments of child support maintenance due from him in accordance with that F38calculation.

as to the time at which a penalty payment shall be payable;

for the Department to waive a penalty payment, or part of it.

the collection of child support maintenance;

the enforcement of an obligation to pay child support maintenance,

it would not be possible for the F45non-resident parent to recover the amount of overpayment by way of an adjustment of the amount payable under a F46maintenance calculation; or

it would be inappropriate to rely on an adjustment of the amount payable under a F47maintenance calculation as the means of enabling the F45non-resident parent to recover the amount of the overpayment.

that he is not liable to pay child support maintenance; or

that he is liable, but some or all of the payment amounts to an overpayment,

one or more overpayments of child support maintenance are being reimbursed to the Department by the relevant person; and

child support maintenance has continued to be payable by the F45non-resident parent concerned to the person with care concerned, or again becomes so payable.

a payment made by a person under a maintenance calculation which was not validly made; and

a voluntary payment made in the circumstances set out in paragraph (1A)(a),

make provision enabling the Department in prescribed circumstances to set off liabilities to pay child support maintenance to which this Article applies;

make provision enabling the Department in prescribed circumstances to set off against a person's liability to pay child support maintenance to which this Article applies a payment made by the person which is of a prescribed description.

that the Department would be entitled to retain the whole of the arrears under Article 38(2) if it recovered them;

that the Department would be entitled to retain part of the arrears under Article 38(2) if it recovered them, and the part of the arrears that the Department would not be entitled to retain is equal to or less than the payment accepted under paragraph (1).

that the circumstances of the case are of a description specified in regulations made by the Department, and

that it would be unfair or otherwise inappropriate to enforce liability in respect of the arrears.