The Child Support (Collection and Enforcement) Regulations 1992

Regulation 29(1)

SCHEDULE 1 E+W+S LIABILITY ORDER PRESCRIBED FORM

Modifications etc. (not altering text)

C1 Sch. 1 modified (30.6.2014) by The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1386), regs. 1(2), 2(10) (as amended (24.6.2014) by S.I. 2014/1621, reg. 3)

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Section 33 of the Child Support Act 1991 and regulation 29(1) of the Child Support (Collection and Enforcement) Regulations 1992

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

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Date:

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Defendant:

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Address:

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On the complaint of the Secretary of State F1 ... that the sums specified below [F2 have become payable by the liable person (the defendant)] under the Child Support Act 1991 and Part IV of the Child Support (Collection and Enforcement) Regulations 1992 and [F3 have not been paid], it is adjudged that the defendant is liable to pay the aggregate amount specified below.

Sum payable and outstanding	—child support maintenance
	—interest
	[F4 —penalty payments
	—fees]
	—other periodical payments [F5 that the Secretary of State has arranged to collect under] section 30 of the Child Support Act 1991

Textual Amendments

F1 Words in Sch. 1 omitted (23.3.2015) by virtue of The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 5(a)

F2 Words in Sch. 1 substituted (23.3.2015) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 5(b)

F3 Words in Sch. 1 substituted (23.3.2015) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 5(c)

F4 Words in Sch. 1 inserted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(7) (with reg. 6)

F5 Words in Sch. 1 substituted (23.3.2015) by The Child Support (Miscellaneous and Consequential Amendments) Regulations 2015 (S.I. 2015/338), regs. 1(2), 5(d)

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Aggregate amount in respect of which the liability order is made:

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» Justice of the Peace

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

Regulation 32

SCHEDULE 2 E+W+S CHARGES CONNECTED WITH DISTRESS

1.  The sum in respect of charges connected with the distress which may be aggregated under section 35(2)(b) of the Act shall be set out in the following Table— E+W+S

(1)	(2)
Matter connected with distress	Charge
A For making a visit to premises with a view to levying distress (whether the levy is made or not):	Reasonable costs and fees incurred, but not exceeding an amount which, when aggregated with charges under this head for any previous visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is not greater than the relevant amount calculated under paragraph 2(1) with respect to the visit.
B For levying distress:	An amount (if any) which, when aggregated with charges under head A for any visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is equal to the relevant amount calculated under paragraph 2(1) with respect to the levy.
[F6 BB For preparing and sending a letter advising the liable person that the written authorisation of the Secretary of State is with the person levying the distress and requesting the total sum due:	£10.00.]
C For the removal and storage of goods for the purposes of sale:	Reasonable costs and fees incurred.
D For the possession of goods as described in paragraph 2(3)— (i)for close possession (the person in possession on behalf of the Secretary of State to provide his own board):	£4.50 per day.
(ii)for walking possession:	[F7 10p per day.]
E For appraisement of an item distrained, at the request in writing of the liable person:	Reasonable fees and expenses of the broker appraising.
F For other expenses of, and commission on, a sale by auction— (i)where the sale is held on the auctioneer’s premises:	The auctioneer’s commission fee and out-of-pocket expenses (but not exceeding in aggregate 15 per cent. of the sum realised), together with reasonable costs and fees incurred in respect of advertising.
(ii)where the sale is held on the liable person’s premises:	The auctioneer’s commission fee (but not exceeding 7½ per cent. of the sum realised), together with the auctioneer’s out-of-pocket expenses and reasonable costs and fees incurred in respect of advertising.
G For other expenses incurred in connection with a proposed sale where there is no buyer in relation to it:	Reasonable costs and fees incurred.

Textual Amendments

F6 Head BB in Sch. 2 inserted (7.2.1994) by S.I. 1994/227, reg. 1, 3(2)(a)

F7 Words in head D, col. 2 in Sch. 2 substituted (7.2.1994) by S.I. 1994/227, reg. 1, 3(2)(b)

2.—(1) In heads A and B of the Table to paragraph 1, “the relevant amount” with respect to a visit or a levy means— E+W+S

(a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50;

(b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds £100, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and¼ per cent. on any additional sum;

3.—(1) Where the calculation under this Schedule of a percentage of a sum results in an amount containing a fraction of a pound, that fraction shall be reckoned as a whole pound. E+W+S

(2) In the case of dispute as to any charge under this Schedule, the amount of the charge shall be taxed.

(3) Such a taxation shall be carried out by the district judge of the county court for the district in which the distress is or is intended to be levied, and he may give such directions as to the costs of the taxation as he thinks fit; and any such costs directed to be paid by the liable person to the Secretary of State shall be added to the sum which may be aggregated under section 35(2) of the Act.

(4) References in the Table in paragraph 1 to costs, fees and expenses include references to amounts payable by way of value added tax with respect to the supply of goods or services to which the costs, fees and expenses relate.

Regulation 34(1)

SCHEDULE 3 E+W+S FORM OF WARRANT OF COMMITMENT

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] F8 ... [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] F9 ... [culpable neglect] on his part, the court is of the opinion that there has been [wilful refusal] F10 ... [culpable neglect] on his part.

Textual Amendments

F8 Word in Sch. 3 para (i) omitted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(8)(b) (with reg. 6)

F9 Word in Sch. 3 para (iii) omitted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(8)(c) (with reg. 6)

F10 Word in Sch. 3 para (iii) omitted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(8)(c) (with reg. 6)

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, [F11 penalty payments, fees,] costs and charges):

Textual Amendments

F11 Words in Sch. 3 inserted (3.3.2003) by S.I. 2001/162, reg. 1(3), 2(8)(a) (with reg. 6)

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.

Regulation 35(4)

[F12 SCHEDULE 4 E+W+S

Textual Amendments

F12 Sch. 04 inserted (2.4.2001) by S.I. 2001/162, reg. 1(3), 2(9), Sch. (with reg. 6)

FORM OF ORDER OF DISQUALIFICATION FROM HOLDING OR OBTAINING A DRIVING LICENCE] E+W+S

[F13 Sections 39A and 40B of the Child Support Act 1991 and regulation 35 and 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 of 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 [ ] County Court by means of [garnishee proceedings] [a charging order], the amount then outstanding in respect of which the order was made;

(ii) that such amount, or any proportion of it, remains unpaid; and

(iii) having inquired in the liable person's presence as to his means and whether there has been [wilful refusal] [culpable neglect] on his part.

This decision of the court is that the liable person be disqualified from [holding or obtaining] a driving licence from [date] for [period] unless the aggregate amount in respect of which this order is made is sooner paid*

This order is made in respect of

Amount outstanding (including any interest, fees, penalty payments, costs and charges);

aggregate amount:

And you [the liable person] shall surrender to the court any driving licence F14 ... held.

Justice of the Peace

[or by order of the Court

Clerk of the Court]

*Note: The period of disqualification may be reduced as provided by section 40B(5)(a) of the Act if part payment is made of the aggregate amount. The order will be revoked by section 40B(5)(b) of the Act if full payment is made of the aggregate amount .]

Textual Amendments

F13 Sch. 04 inserted (5.4.93) by The Child Support (Collection and Enforcement) Regulations 1992 S.I. 1992/1989, reg. 1(1)

F14 Words in Sch. 4 omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 9(b)