SCHEDULE 2ENFORCEMENT OF INTERNATIONAL MAINTENANCE ORDERS – DRIVING DISQUALIFICATION ORDERSInterpretationApplication for a driving disqualification order – England and Wales
3
1
This paragraph applies to England and Wales only.
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.