Collection and enforcement

Orders for regular deductions from accounts
32A
1
If in relation to any person it appears to the
Secretary of State
—
a
that the person has failed to pay an amount of child support maintenance; and
b
that the person holds an account with a deposit-taker;
the Secretary of State
may make an order against that person to secure the payment of any amount due under the maintenance calculation in question by means of regular deductions from the account.
2
An order under this section may be made so as to secure the payment of—
a
arrears of child support maintenance payable under the calculation;
b
amounts of child support maintenance which will become payable under the calculation; or
c
both such arrears and such future amounts.
3
An order under this section may be made in respect of amounts due under a maintenance calculation which is the subject of an appeal only if it appears to the
Secretary of State
—
a
that liability for the amounts would not be affected were the appeal to succeed; or
b
where paragraph (a) does not apply, that the making of an order under this section in respect of the amounts would nonetheless be fair in all the circumstances.
4
An order under this section—
a
may not be made in respect of an account of a prescribed description; and
b
may be made in respect of a joint account which is held by the person against whom the order is made and one or more other persons, and which is not of a description prescribed under paragraph (a), if (but only if) regulations made by the Secretary of State so provide.
5
An order under this section—
a
shall specify the account in respect of which it is made;
b
shall be expressed to be directed at the deposit-taker with which the account is held; and
c
shall have effect from such date as may be specified in the order.
6
An order under this section shall operate as an instruction to the deposit-taker at which it is directed to—
a
make deductions from the amount (if any) standing to the credit of the account specified in the order; and
b
pay the amount deducted to the
Secretary of State
.
7
The
Secretary of State
shall serve a copy of any order made under this section on—
a
the deposit-taker at which it is directed;
b
the person against whom it is made; and
c
if the order is made in respect of a joint account, the other account-holders.
8
Where—
a
an order under this section has been made; and
b
a copy of the order has been served on the deposit-taker at which it is directed,
it shall be the duty of that deposit-taker to comply with the order; but the deposit-taker shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the day on which the copy was served on the deposit-taker.
9
Where regulations have been made under section 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this section to have failed to pay an amount of child support maintenance unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.
S. 32A modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 59(4)(5); S.I. 2008/1476, art. 2(6)
Ss. 32A-32D inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 22, 62(3); S.I. 2009/1314, art. 2(1)(a)
Words in s. 32A(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 34(a)
Words in s. 32A(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 34(b)
Words in s. 32A(6)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 34(b)
Words in s. 32A(7) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 34(b)