(1)In section 41 of the 1991 Act (arrears of child support maintenance), subsections (3) to (5) (which provide for the payment of interest on arrears) shall cease to have effect.
(2)For section 41A of the 1991 Act (arrears: alternative to interest payments) there shall be substituted—
(1)The Secretary of State may by regulations make provision for the payment to him by non-resident parents who are in arrears with payments of child support maintenance of penalty payments determined in accordance with the regulations.
(2)The amount of a penalty payment in respect of any week may not exceed 25% of the amount of child support maintenance payable for that week, but otherwise is to be determined by the Secretary of State.
(3)The liability of a non-resident parent to make a penalty payment does not affect his liability to pay the arrears of child support maintenance concerned.
(4)Regulations under subsection (1) may, in particular, make provision—
(a)as to the time at which a penalty payment is to be payable;
(b)for the Secretary of State to waive a penalty payment, or part of it.
(5)The provisions of this Act with respect to—
(a)the collection of child support maintenance;
(b)the enforcement of an obligation to pay child support maintenance,
apply equally (with any necessary modifications) to penalty payments payable by virtue of regulations under this section.
(6)The Secretary of State shall pay penalty payments received by him into the Consolidated Fund.”
Commencement Information
I1S. 18 partly in force; s. 18 not in force at Royal Assent see s. 86(2); s. 18 in force for certain purposes at 10.11.2000 by S.I. 2000/2994, art. 2(1), Sch. Pt. I; s. 18 in force for certain further purposes at 3.3.2003 by S.I. 2003/192, art. 3, Sch.
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Textual Amendments
F1S. 19 repealed (14.7.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 58, 62, Sch. 8; S.I. 2008/1476, art. 2(2)(c)(iii)