Child Support, Pensions and Social Security Act 2000

Child Support, Pensions and Social Security Act 2000

2000 CHAPTER 19

Part 1: Child Support.

Commentary on Sections

Disqualification from driving

Section 17: Civil Imprisonment: Scotland

214. Subsection (1) provides that section 40 does not apply to Scotland.

215. Subsection (2) inserts new section 40A into the 1991 Act. The new section provides the procedure for the sheriff to follow if he is satisfied that it is appropriate to commit a liable person to prison. The new section is comparable in its scope to section 40 of the 1991 Act for England and Wales (see the introduction to section 16).

New section 40A: Commitment to Prison – Scotland

216. New section 40A(1) provides that where the sheriff is satisfied that the liable person has wilfully refused or culpably neglected to pay, the sheriff may issue a warrant for his committal to prison or may fix a term of imprisonment but postpone the committal of the liable person to prison. The sheriff may impose conditions on the postponement, for example, that the liable person makes regular payments of maintenance.

217. New section 40A(2) provides that the warrant which the sheriff issues will be in respect of the arrears of maintenance and the Secretary of State’s expenses in raising the proceedings for committal to prison. The warrant must state what the total amount is.

218. New section 40A(3) prohibits a warrant being issued in respect of a person who is under 18 years of age.

219. New section 40A(4) provides that the warrant will order the imprisonment of the liable person for a specified period but that he may be released on payment of the amount stated in the warrant – unless he is in custody for some other reason.

220. New section 40A(5) provides that the maximum period of imprisonment is 6 weeks.

221. New section 40A(6) gives the Secretary of State power in regulations to provide for the period of imprisonment to be reduced where the outstanding amount has been partly paid.

222. New section 40A(7) provides that the warrant may be directed to such person as the sheriff thinks fit.

223. New section 40A(8) gives the Court of Session power to make subordinate legislation regulating practice and procedure in the Sheriff Court in relation to civil imprisonment for child support purposes. The power will be exercised through Rules of Court made in Acts of Sederunt. The Court of Session will have power to make provision:

• about the form of any warrant issued;

• with respect to renewing applications where no warrant is issued or no term of imprisonment has been fixed;

• that an employer’s statement about a liable person’s wages is to be sufficient evidence of the amount of those wages;

• for the sheriff citing a liable person to appear before him for the purposes of an inquiry into the liable person’s behaviour and means; and, if the liable person does not obey the citation, for the sheriff issuing a citation for him to appear before the sheriff and, if necessary, warrant for his arrest;

• for the sheriff issuing a warrant for the liable person’s arrest, without issuing a citation, for the purposes of enabling the inquiry into his means and conduct to be heard;

• as to the execution of the warrant of arrest.