one of his parents is, in relation to him, F1a non-resident parent; or

both of his parents are, in relation to him, F1non-resident parents.

that parent is not living in the same household with the child; and

the child has his home with a person who is, in relation to him, a person with care.

with whom the child has his home;

who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and

who does not fall within a prescribed category of person.

parents;

guardians;

persons in whose favour residence orders under section 8 of the M1Children Act 1989 are in force;

in Scotland, persons F8with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995.

the collection of the child support maintenance payable in accordance with the F3calculation;

the enforcement of the obligation to pay child support maintenance in accordance with the F3calculation.

the F1non-resident parent to be F16identified or traced (where that is necessary);

the amount of child support maintenance payable by the F1non-resident parent to be assessed; and

that amount to be recovered from the F1non-resident parent.

shall not apply in such circumstances as may be prescribed; and

may, in such circumstances as may be prescribed, be waived by the F20Commission.

there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F23made before a prescribed date, in respect of that child or those children and the person who is, at that time, the F1non-resident parent; or

a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or

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

there is more than one person with care of a qualifying child; and

one or more, but not all, of them have parental responsibility for F28... the child;

no such application has been made by a person who is, with respect to that child, a person with care or F1a non-resident parent; F31...

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

the collection of the child support maintenance payable in accordance with the F3calculation;

the enforcement of the obligation to pay child support maintenance in accordance with the F3calculation.

the F1non-resident parent to be traced (where that is necessary);

the amount of child support maintenance payable by the F1non-resident parent to be assessed; and

that amount to be recovered from the F1non-resident parent.

shall not apply in such circumstances as may be prescribed by the Secretary of State; and

may, in such circumstances as may be so prescribed, be waived by the F41Commission.

there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F44made before a prescribed date, in respect of that child and the person who is, at that time, the F1non-resident parent F45or

a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was madeF46; or

if the maintenance order was made on or after the date prescribed for the purposes of section 4(10)(a) or 7(10)(a); or

where the order was made before then, in any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.

a written agreement (whether or not enforceable) provides for the making, or securing, by F1a non-resident parent of the child of periodical payments to or for the benefit of the child; and

the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

a F2maintenance calculation is in force with respect to the child;

the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and

the court is satisfied that the circumstances of the case make it appropriate for the F1non-resident parent to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the F2maintenance calculation.

the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.

a disability living allowance is paid to or in respect of him; or

no such allowance is paid but he is disabled,

Part II of the M2Matrimonial Causes Act 1973;

the M3Domestic Proceedings and Magistrates’ Courts Act 1978;

Part III of the M4Matrimonial and Family Proceedings Act 1984;

the M5Family Law (Scotland) Act 1985;

Schedule 1 to the M6Children Act 1989; F54...

Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or

any other prescribed enactment,

to insert a provision requiring that F1non-resident parent to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or

to increase the amount payable under such a provision.

shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or

where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or

where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the F2maintenance calculation and of the provisions of this Act;

the recovery of any arrears under the order or agreement which fell due before the coming into force of the F2maintenance calculation,

notification to be given by F61the F62Commission to the prescribed person in any case where F63it considers that the making of a F2maintenance calculation has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;

notification to be given by the prescribed person to the F62Commission in any case where a court makes an order which it considers has affected, or is likely to affect, a F2maintenance calculation.

is required to make a maintenance calculation; or

is proposing to make a decision under section 16 or 17,

the procedure to be followed in making a default or an interim maintenance decision; and

a default rate of child support maintenance to apply where a default maintenance decision is made.

by such persons as may be determined in accordance with regulations made by the Secretary of State; and

in accordance with the regulations.

persons who are required to comply with regulations under section 4(4) or 7(5); and

persons specified in regulations under section 14(1)(a).

he makes a statement or representation which he knows to be false; or

he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.

are liable to inspection under this section; and

are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,

premises at which a non-resident parent is or has been employed;

premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;

premises at which there is information held by a person (“A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A’s own trade, profession, vocation or business.

intentionally delays or obstructs any inspector exercising his powers; or

without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,

moveable structures and vehicles, vessels, aircraft and hovercraft;

installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and

places of all other descriptions whether or not occupied as land or otherwise,

either within the prescribed period or in prescribed cases or circumstances; and

either on an application made for the purpose or on F105its own initiative;

a decision of the F104Commission under section 11, 12 or 17;

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

a decision of F108the First-tier Tribunal on a referral under section 28D(1)(b).

F109it may (if appropriate) do so as if F109it were revising a decision under section 11; and

if F109it does that, F105its decision as revised is to be treated as one under section 11 instead of section 12(1) (and, in particular, is to be so treated for the purposes of an appeal against it under section 20).

any decision of the F112Commission under section 11 or 12 or this section, whether as originally made or as revised under section 16;

any decision of F113the First-tier Tribunal under section 20; F114...

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

any decision of F117the First-tier Tribunal on a referral under section 28D(1)(b);

any decision of F118the Upper Tribunal on an appeal from such a decision as is mentioned in paragraph (b) or (d),

a decision of the F125Commission under section 11, 12 or 17 (whether as originally made or as revised under section 16);

a decision of the F126Commission not to make a maintenance calculation under section 11 or not to supersede a decision under section 17;

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

the imposition (by virtue of section 41A) of a requirement to make penalty payments, or their amount;

the imposition (by virtue of section 47) of a requirement to pay fees.

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

in relation to paragraph (d), the parent who has been required to make penalty payments; and

in relation to paragraph (e), the person required to pay fees.

that right; and

the relevant decision, or the imposition of the requirement.

provision as to the manner in which, and the time within which, appeals are to be brought; F130...

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

need not consider any issue that is not raised by the appeal; and

shall not take into account any circumstances not obtaining at the time when the F133Commission made the decision or imposed the requirement.

itself make such decision as it considers appropriate; or

remit the case to the F135Commission, together with such directions (if any) as it considers appropriate.

the Commission;

the Secretary of State; and

those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question.

the Commission,

the Secretary of State, and

any person who is aggrieved by the decision of an appeal tribunal.

an application for a maintenance calculation has been made F166... , or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made F166... ;

the F167Commission is not satisfied that the case falls within one of those set out in section 26(2); and

the F167Commission or the person with care makes an application for a declaration under section 55A of the Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.

if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and

if it is the F167Commission who makes the application, that subsection shall not apply.

an application for a F2maintenance calculation has been made F169... or a F2maintenance calculation is in force;

scientific tests have been carried out (otherwise than under a direction or in response to a request) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or F3calculation is made F170... ;

the results of the tests do not exclude the alleged parent from being one of the child’s parents; and

one of the conditions set out in subsection (2) is satisfied.

the alleged parent does not deny that he is one of the child’s parents;

in proceedings under F171section 55A of the Family Law Act 1986, a court has made a declaration that the alleged parent is a parent of the child in question; or

in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the F172Commission by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.

an application for a F2maintenance calculation has been made F176... , or a F2maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application F177was made F176... or the calculation was made; and

F178the F174Commission is not satisfied that the case falls within one of those set out in section 26(2).

a decision by the F181Commission falls to be made under section 11, 12, 16 or 17 F182... ; and

an appeal is pending against a decision given in relation to a different matter by F184the Upper Tribunal or a court.

F185it need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

F185it may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

an appeal against the decision has been brought but not determined;

an application for leave to appeal against the decision has been made but not determined; or

in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to F188the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and

an appeal (“appeal B”) is pending against a decision given in a different case by F189the Upper Tribunal or a court.

not to determine appeal A but to refer it to F193the Commission; or

to deal with the appeal in accordance with subsection (4).

in a case where appeal A has not been determined by the F194First-tier Tribunal, revise (under section 16) F195its decision which gave rise to that appeal; or

in a case where appeal A has been determined by the F196First-tier Tribunal, make a decision (under section 17) superseding the tribunal’s decision.

stay appeal A until appeal B is determined; or

an appeal against the decision has been brought but not determined;

an application for leave to appeal against the decision has been made but not determined; or

in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

the reference in subsection (1)(a) to an appeal to F202the Upper Tribunal includes a reference to an application for leave to appeal to F202the Upper Tribunal; and

the effect of the determination, whenever made, of an appeal to F204the Upper Tribunal or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

is one which, but for section 28ZA(2)(a), would have been made before the date of the relevant determination; or

is one made in pursuance of section 28ZB(3) or (5).

the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and

the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.

where such a decision as is mentioned in paragraph (b)(i) falls to be made; or

where such a decision as is mentioned in paragraph (b)(ii) or (iii) falls to be made on an application under section 16 or (as the case may be) section 17,

for a determination of a higher court to be treated as if it had been made on the date of a determination of a lower court or F214the Upper Tribunal; or

for a determination of a lower court or F215the Upper Tribunal to be treated as if it had been made on the date of a determination of a higher court.

the correction of accidental errors in any decision F216of the Secretary of State or record of a decision F216of the Secretary of State given under this Act; F217...

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

need not make the application in writing unless the F221Commission directs in any case that he must; and

must say upon what grounds the application is made.

that there are no grounds on which F226it could agree to a variation;

that F226it has insufficient information to make a decision on the application for the maintenance calculation under section 11 (apart from any information needed in relation to the application for a variation), and therefore that F227its decision would be made under section 12(1); or

that other prescribed circumstances apply.

an application for a variation is made by the non-resident parent; and

the F229Commission makes an interim maintenance decision,

the non-resident parent must make the payments of child support maintenance specified in the interim maintenance decision;

the non-resident parent must make such lesser payments of child support maintenance as may be determined in accordance with regulations made by the Secretary of State.

the non-resident parent;

all the persons with care concerned; and

if the application for the maintenance calculation was made under section 7, the child who made the application.

when the F232Commission has made a decision on the application for a maintenance calculation under section 11 (whether F233it agrees to a variation or not);

on the withdrawal of the application for a variation.

that parent;

all the persons with care concerned; and

if the application for the maintenance calculation was made under section 7, the child who made the application.

either agree or not to a variation, and make a decision under section 11 or 12(1); or

refer the application to F238the First-tier Tribunal for the tribunal to determine what variation, if any, is to be made.

it has F240... been withdrawn; or

the F237Commission has rejected it on completing a preliminary consideration under section 28B; F241or

the F237Commission has refused to consider it under section 28C(5).

parents should be responsible for maintaining their children whenever they can afford to do so;

where a parent has more than one child, his obligation to maintain any one of them should be no less of an obligation than his obligation to maintain any other of them.

by the person with care or F1non-resident parent concerned; or

where the application for the current F3calculation was made under section 7, by either of them or the child concerned.

any part of the income of the person with care concerned is, or would be if F248the F246Commission agreed to a variation, derived from any benefit; or

some or all of any child support maintenance might be taken into account in any manner in relation to any entitlement to benefit.

F251it is satisfied that the case is one which falls within one or more of the cases set out in Part I of Schedule 4B or in regulations made under that Part; and

it is F252its opinion that, in all the circumstances of the case, it would be just and equitable to agree to a variation.

must have regard, in particular, to the welfare of any child likely to be affected if F251it did agree to a variation; and

must, or as the case may be must not, take any prescribed factors into account, or must take them into account (or not) in prescribed circumstances.

F251it has insufficient information to make a decision on the application for the maintenance calculation under section 11, and therefore that F252its decision would be made under section 12(1); or

other prescribed circumstances apply.

determine the basis on which the amount of child support maintenance is to be calculated in response to the application for a maintenance calculation F253... ; and

make a decision under section 11 on that basis.

sections 16, 17 and 20; and

sections 28A to 28F and Schedules 4A and 4B,

a person has applied for a maintenance calculation under section 4(1) or 7(1) F258... ;

the F259Commission has neither made a decision under section 11 or 12 on the application, nor decided not to make a maintenance calculation; and

the non-resident parent makes a voluntary payment.

on account of child support maintenance which the non-resident parent expects to become liable to pay following the determination of the application (whether or not the amount of the payment is based on any estimate of his potential liability which the F259Commission has agreed to give); and

made before the maintenance calculation has been notified to the non-resident parent or (as the case may be) before the F259Commission has notified the non-resident parent that F260it has decided not to make a maintenance calculation.

the voluntary payment may be set off against arrears of child support maintenance which accrued by virtue of the maintenance calculation taking effect on a date earlier than that on which it was notified to the non-resident parent;

the amount payable under a maintenance calculation may be adjusted to take account of the voluntary payment.

prescribe what payments or descriptions of payment are, or are not, to count as “voluntary payments”;

prescribe the extent to which and circumstances in which a payment, or a payment of a prescribed description, counts.

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

an application has been made to the F261Commission under section 4(2) or 7(3) for F263it to arrange for its collection.

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

as to the intervals at which such payments are to be made;

as to the method and timing of the transmission of payments which are made, to or through the F264Commission 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.

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 section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by 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 magistrates' court (or, in Scotland, of the sheriff) 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 F266Commission is arranging, under this Act, for the collection of different payments (“the payments”) from the same F1non-resident parent;

an amount is collected by the F266Commission from the F1non-resident parent which is less than the total amount due in respect of the payments; and

the F1non-resident parent has not stipulated how that amount is to be allocated by the F266Commission as between the payments,

empowering F272the Commission to bring any proceedings or take any other steps (other than diligence against earnings) which could have been brought or taken by or on behalf of the person to whom the periodical payments are payable;

applying sections 29, 31 and 32 with such modifications (if any) as he considers necessary or expedient.

arrears of child support maintenance payable under the F3calculation;

amounts of child support maintenance which will become due under the F3calculation; 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 F275Commission.

the person who appears to the F275Commission 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 F2maintenance 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 F278Commission;

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 F278Commission 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 section 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 F278Commission to the employer concerned that an order has lapsed or has ceased to have effect.

the liable person shall from time to time notify the F278Commission, 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 F278Commission, 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 enactment relating to England and Wales which provides for deductions from the liable person’s earnings;

any diligence against 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 magistrates’ court, or in Scotland of the sheriff, 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 paragraph (a) does not apply, that the making of an order under this section 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 paragraph (a), if (but only if) regulations made by the Secretary of State 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 Commission.

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 section has been made; and

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 subsection (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 section 32A;

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

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 section 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 Commission for it to review the order and as to such a review;

for the variation of orders;

similar to that made by section 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 Commission to the deposit-taker that an order has lapsed or ceased to have effect.

any other order under that section;

any order under any other enactment relating to England and Wales which provides for deductions from the same account;

any diligence done in Scotland against the same account.

against the making of an order under section 32A;

against any decision made by the Commission on an application under regulations made under subsection (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 section 32A, or

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

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

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

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

may be made by virtue of subsection (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 paragraph (a) of this subsection, if (but only if) regulations made by the Secretary of State so provide.

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

if made by virtue of subsection (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 Commission proposes to make an order under section 32F.

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

where paragraph (a) does not apply, that the making of an order under section 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 section lapses or is discharged; and

the time at which an order under section 32F made in pursuance of the proposal specified in the order under this section 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 Commission in respect of the proposal specified in the interim order has expired; and

the Commission 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 section 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 section is made; and

if the order is made in respect of a joint account, shall not exceed the amount that appears to the Commission 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 paragraph (a) does not apply, that the making of an order under this section 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.

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

(subject to subsection (6)) ends with the end of the period during which an appeal can be brought against the order by virtue of regulations under section 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 Commission the amount standing to the credit of the account; and

otherwise, to deduct from the account and pay to the Commission the remaining amount.

to pay to the Commission 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 Commission the amount due to the liable person; and

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

to pay to the Commission 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 section 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 sections 32E, 32G and 32H;

as to the payment to the Commission of sums deducted under an order under section 32F;

allowing a deposit-taker or third party at which an order under section 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 Commission required by section 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 section 32F;

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

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

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

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

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

any other order under that section;

any order under any other enactment relating to England and Wales which provides for payments to be made from amounts to which the order under section 32F relates;

any diligence done in Scotland against amounts to which the order under section 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 section 32E or 32F; or

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

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 subsection (1)(a) of this section); and

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

prescribing the procedure to be followed in dealing with an application by the F286Commission for a liability order;

prescribing the form and contents of a liability order; and

providing that where a magistrates’ court 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 F287Commission.

the amount in respect of which the order was made, to the extent that it remains unpaid; and

an amount, determined in such manner as may be prescribed, in respect of the charges connected with the distress.

any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the liable person.

on that account; or

from the beginning, on account of any subsequent irregularity in levying the distress.

provide that a distress under this section may be levied anywhere in England and Wales;

provide that such a distress shall not be deemed unlawful on account of any defect or want of form in the liability order;

provide for an appeal to a magistrates’ court by any person aggrieved by the levying of, or an attempt to levy, a distress under this section;

make provision as to the powers of the court on an appeal (which may include provision as to the discharge of goods distrained or the payment of compensation in respect of goods distrained and sold).

for the F295Commission to charge the person to pay the appropriate amount and to recover that amount by F296an attachment and, in connection therewith, for the opening of shut and lockfast places;

for an arrestment (other than an arrestment of the person’s earnings in the hands of his employers) and action of furthcoming or sale,

for an inhibition.

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

any corresponding order made by a court in Northern Ireland,

any liability order made by the sheriff in Scotland; or

any corresponding order made by a court in Northern Ireland,

in England and Wales to levy an amount by distress under this Act; or

to recover an amount by virtue of section 36 or 38,

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

an order for him to be disqualified from 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.

in England and Wales, a magistrates’ court;

in Scotland, the sheriff.

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 section;

allowing an application under this section 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 magistrates’ court 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.

issue a warrant for his committal to prison; or

fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as he 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 section;

allowing an application under this section 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 sufficient 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, the sheriff may issue a citation to him to appear before the sheriff and (if he does not obey) may issue a warrant for his arrest;

that for the purpose of enabling such an inquiry, the sheriff may issue a warrant for the liable person’s arrest without issuing a citation;

as to the execution of a warrant of arrest.

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

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

the amount mentioned in section 35(1), or so much of it as remains outstanding; and

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

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

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

makes a disqualification order;

makes an order under subsection (5); or

allows an appeal against a disqualification order,

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

subsection (10) is omitted; and

the F310Commission is authorised under section 4 F311... or 7 to recover child support maintenance payable by F1a non-resident parent in accordance with a F2maintenance calculation; and

the F1non-resident parent has failed to make one or more payments of child support maintenance due from him in accordance with that F3calculation.

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

for the F321Commission 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 F1non-resident parent to recover the amount of the overpayment by way of an adjustment of the amount payable under a F2maintenance calculation; or

it would be inappropriate to rely on an adjustment of the amount payable under a F2maintenance calculation as the means of enabling the F1non-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,