F5SCHEDULE 3 FORM OF WARRANT OF COMMITMENT

Regulation 34(1)

Annotations:
Amendments (Textual)

Section 40 of the Child Support Act 1991 and regulation 34(1) of the Child Support (Collection and Enforcement) Regulations 1992

»....................Magistrates’ Court

Date:

Liable Person:

Address:

A liability order (“the order”) was made against the liable person by the [»] Magistrates’ Court on [»] under section 33 of the Child Support Act 1991 (“the Act”) in respect of an amount of [»].

The court is satisfied—

i

that the Secretary of State sought under section 35 of the Act to levy by distress the amount then outstanding in respect of which the order was made;

[and/or]

that the Secretary of State sought under section 36 of the Act to recover through the [»] County Court, by means of [garnishee proceedings] F2... [a charging order], the amount then outstanding in respect of which the order was made;

ii

that such amount, or any portion of it, remains unpaid; and

iii

having inquired in the liable person’s presence as to his means and as to whether there has been [wilful refusal] F3... [culpable neglect] on his part, the court is of the opinion that there has been [wilful refusal] F4... [culpable neglect] on his part.

The decision of the court is that the liable person be [committed to prison] [detained] for [»] unless the aggregate amount mentioned below in respect of which this warrant is made is sooner paid.*

This warrant is made in respect of—

Amount outstanding (including any interest, F1penalty payments, fees, costs and charges):

Costs of commitment of the Secretary of State:

Aggregate amount:

And you[name of person or persons to whom warrant is directed] are hereby required to take the liable person and convey him to[name of prison or place of detention] and there deliver him to the [governor] [officer in charge] thereof; and you, the [governor] [officer in charge], to receive the liable person into your custody and keep him for[period of imprisonment] from the date of his arrest under this warrant or until he be sooner discharged in due course of law.

» Justice of the Peace

» [or by order of the Court Clerk of the Court].

*Note: The period of imprisonment will be reduced as provided by regulation 34(5) and (6) of the Child Support (Collection and Enforcement) Regulations 1992 if part-payment is made of the aggregate amount.