F1 PART   3A Deduction Orders

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Amendments (Textual)

CHAPTER 3Lump Sum Deduction Orders

F2Notice where an interim lump sum deduction order has been made in respect of a joint account25MA

1

Where the Secretary of State serves a copy of the interim order made in respect of a joint account on each account-holder, that order must be accompanied by a notice containing the information set out in paragraph (2).

2

The information is—

a

the name of the liable person;

b

that the Secretary of State has made the interim order in respect of the account and is proposing to make a final order in respect of that account;

c

that an interim order or final order which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker not to do anything that would reduce the amount standing to the credit of the account below the amount specified in the order (or, if already below that amount, that would further reduce it);

d

that the interim order has been made because the liable person is required to pay an amount of arrears of child support maintenance and the Secretary of State is seeking to secure the payment of some or all of that amount;

e

the earliest date proposed by the Secretary of State for paying the amount of arrears of child support maintenance secured under a final order;

f

that the account-holder has an opportunity to make representations about the proposal specified in the interim order;

g

that a final order is likely to be made in the terms set out in the notice if representations are not made; and

h

the period for making representations.

3

The period for making representations to the Secretary of State in respect of the matters referred to in paragraph (2)(b), (d) and (e) is—

a

28 days, beginning with the day on which the account-holder receives the notice; or

b

such longer period as the Secretary of State considers reasonable in the circumstances of the case.

4

A final order may not be made before the period for making representations has expired and the Secretary of State has considered any representations in respect of the matters referred to in paragraph (2)(b), (d) and (e) made to the Secretary of State during that period.”.

5

In this regulation—

  • “interim order” means an order under section 32E of the Act; and

  • “final order” means an order under section 32F of the Act.