(1)Where the Secretary of State has sought—
(a)in England and Wales to levy an amount by distress under this Act; or
(b)to recover an amount by virtue of section 36 or 38,
and that amount, or any portion of it, remains unpaid he may apply to the court under this section.
(2)An application under this section is for whichever the court considers appropriate in all the circumstances of—
(a)the issue of a warrant committing the liable person to prison; or
(b)an order for him to be disqualified from holding or obtaining a driving licence.
(3)On any such application the court shall (in the presence of the liable person) inquire as to—
(a)whether he needs a driving licence to earn his living;
(b)his means; and
(c)whether there has been wilful refusal or culpable neglect on his part.
(4)The Secretary of State may make representations to the court as to whether he thinks it more appropriate to commit the liable person to prison or to disqualify him from holding or obtaining a driving licence; and the liable person may reply to those representations.
(5)In this section and section 40B, “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.
(6)In this section “the court” means—
(a)in England and Wales, a magistrates’ court;
(b)in Scotland, the sheriff.]
Textual Amendments
F1S. 39A 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(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2
Modifications etc. (not altering text)
C1Ss. 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))