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.