(1)The [F2Secretary of State] may make an order under this section if it appears to the [F2Secretary of State] that a person (referred to in this section and sections 32F to 32J as “the liable person”) has failed to pay an amount of child support maintenance and—
(a)an amount stands to the credit of an account held by the liable person with a deposit-taker; or
(b)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”).
(2)An order under this section—
(a)may not be made by virtue of subsection (1)(a) in respect of an account of a prescribed description; and
(b)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.
(3)The Secretary of State may by regulations make provision as to conditions that are to be disregarded in determining whether an amount is due or accruing to the liable person for the purposes of subsection (1)(b).
(4)An order under this section—
(a)shall be expressed to be directed at the deposit-taker or third party in question;
(b)if made by virtue of subsection (1)(a), shall specify the account in respect of which it is made; and
(c)shall specify the amount of arrears of child support maintenance in respect of which the [F3Secretary of State] proposes to make an order under section 32F.
(5)An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the [F4Secretary of State]—
(a)that liability for the amount would not be affected were the appeal to succeed; or
(b)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.
(6)The [F4Secretary of State] shall serve a copy of any order made under this section on—
(a)the deposit-taker or third party at which it is directed;
(b)the liable person; and
(c)if the order is made in respect of a joint account, the other account-holders.
(7)An order under this section shall come into force at the time at which it is served on the deposit-taker or third party at which it is directed.
(8)An order under this section shall cease to be in force at the earliest of the following—
(a)the time at which the prescribed period ends;
(b)the time at which the order under this section lapses or is discharged; and
(c)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.
(9)Where regulations have been made under section 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this section to have failed to pay the amount unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.]
Textual Amendments
F1Ss. 32E-32K inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 23, 62(3); S.I. 2009/1314, art. 2(1)(b)
F2Words in s. 32E(1) 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. 37
F3Words in s. 32E(4)(c) 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. 37
F4Words in s. 32E(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. 37
Modifications etc. (not altering text)
C1S. 32E modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 59(4)(5); S.I. 2008/1476, art. 2(6)