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Welfare Reform Act 2009

Schedule 5: Section 51: consequential amendments etc.

338.Paragraph 3 amends section 39C of the Child Support Act 1991 (‘the 1991 Act’) to reflect the making of disqualification orders by the Commission.

339.Paragraph 4 amends section 39D to provide that where a person appeals against the making of a disqualification order, the court may order that person to be searched. Any money found during that search will be counted towards payment of the amount due after affirmation or variation of the order, unless the court directs otherwise.

340.Paragraph 4 amends section 39E of the 1991 Act, replacing references to ‘orders under section 39B’ and ‘the court’ with ‘disqualification order’ and ‘the Commission’ as appropriate. A new subsection (1A) is inserted, allowing the court, where an appeal is pending, to reduce the period of the order or revoke it, where part of the amount specified in the order is paid.

341.Subsections (3) to (5) of section 39E are repealed.

342.Paragraph 5 substitutes section 39F of the 1991 Act, giving the Secretary of State powers to make regulations relating to disqualification orders, appeals against disqualification orders and orders for costs under section 39DA.

343.Paragraphs 6 to 8 make other minor amendments.

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