Act of Sederunt (Child Support Rules Amendment) (Disqualification) 2018

Amendment of Child Support Rules

2.—(1) The Act of Sederunt (Child Support Rules) 1993(1) is amended in accordance with this paragraph.

(2) After rule 5A (application for commitment to prison or disqualification from driving)(2), insert—

Application for disqualification from holding or obtaining a United Kingdom passport

5AZA.— (1) An application under section 39B(1)(3) of the Act of 1991 is made by summary application.

(2) Citation, where necessary, of a liable person in respect of an application under paragraph (1) must be in Form 5AZA.”.

(3) In rule 5B(1) (warrant of arrest)—

(a) in sub-paragraph (a), after “rule 5A(2)”, insert “or 5AZA(2)”; and

(b) in sub-paragraph (b), after “section 39A(3)”, insert “or 39B(4)”.

(4) In rule 5C (evidence of means), after “rule 5A(1)”, insert “or 5AZA(1)”.

(5) After rule 5E (order for disqualification from driving), insert—

Order for disqualification from holding or obtaining a United Kingdom passport

5EA.— (1) An order made under section 39B of the Act of 1991 must be in Form 5EA.

(2) An application made under section 39E of the Act of 1991 for a reduction in a period of disqualification or for revocation of an order is to be made by minute.”.

(6) In rule 5F (renewal of application)—

(a) after “section 39A(1)”, insert “or 39B(1)”;

(b) for “that section”, substitute “the same section”; and

(c) after “rule 5A(1)”, insert “or 5AZA(1) respectively”.

(7) In the schedule (forms)(4)—

(a) after Form 5A (form of citation for summary application for commitment to prison or disqualification from driving), insert Form 5AZA in schedule 1 of this Act of Sederunt;

(b) in Form 5E (form of order of disqualification from holding or obtaining a driving licence), after “in respect of which this Order is made is paid*.”, insert—

“[Where the defender did not bring his or her driving licence to the hearing, Orders the defender to attend a hearing at (insert address of sheriff court) on (insert date) at (insert time) with his [or her] driving licence for the purpose of surrendering it.]

[[Where the sheriff decides under section 40B(1)(b) of the Child Support Act 1991 to suspend the operation of the disqualification, Orders that the operation of the disqualification be suspended until (insert date)] [if the sheriff imposes any conditions on the suspension, on the following conditions (describe the conditions here)].]”; and

(c) after Form 5E, insert Form 5EA in schedule 2 of this Act of Sederunt.

(1)

S.I. 1993/920, last amended by S.S.I. 2016/242.

(2)

Rules 5A to 5F were inserted by S.S.I. 2001/143; rules 5B, 5D and 5E were amended by S.S.I. 2015/351.

(3)

Sections 39B to 39G of the Child Support Act 1991 (c.48) were inserted by the Child Maintenance and Other Payments Act 2008 (c.6), section 27.

(4)

The schedule was substituted by S.S.I. 2015/351.