3.—(1) This paragraph applies to England and Wales only.E+W+S
(2) Where a creditor makes a complaint under section 93 of the 1980 Act for enforcement under section 76 of that Act of a maintenance decision, the court may make a driving disqualification order.
(3) The court shall not make a driving disqualification order—
(a)in the absence of the debtor;
(b)if it considers that, in a case in which it has power to do so, it is appropriate to—
(i)make an attachment of earnings order;
(ii)make an order under section 76(5) of the 1980 Act; or
(iii)issue a warrant of control for the purpose of recovering the arrears under section 76(1) M1 of that Act;
(c)unless either—
(i)the creditor has sought to obtain a charging order or a third party debt order in respect of the arrears and the arrears or any portion of them remain unpaid; or
(ii)the debtor has no assets in England and Wales which are susceptible to such methods of enforcement.
(4) Pending the entry into force of section 62 of, and Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007 M2, the reference in sub-paragraph (b)(iii) to obtaining a warrant of control is to be read as a reference to obtaining a warrant of distress.
Marginal Citations
M1Section 76(1) is amended by section 62(3) and paragraphs 45 and 46 of Schedule 13 to the Tribunals Courts and Enforcement Act 2007 (c.15) from a date to be appointed.