3.—(1) This paragraph applies to England and Wales only.
[F1(2) Where payment under a maintenance decision is in arrears, the court may make a driving disqualification order on complaint made by a creditor.]
[F2(2A) A complaint under sub-paragraph (2) shall not be made earlier than the fifteenth day after the making of the maintenance decision to which it relates, but subject to this such a complaint may be made at any time.
(2B) Section 55 of the 1980 Act shall not apply in relation to a complaint under sub-paragraph (2).
(2C) Section 56 of the 1980 Act shall have effect in relation to a complaint under sub-paragraph (2) as if the words “if evidence has been received on a previous occasion” were omitted.
(2D) Sub-paragraph (2E) applies where, at the time and place appointed for the hearing or adjourned hearing of a complaint under sub-paragraph (2), the complainant appears but the defendant does not.
(2E) The court may proceed in the absence of the defendant if—
(a)it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed in rules of court, that the summons was served on the defendant within what appears to the court to be a reasonable time before the hearing or adjourned hearing; or
(b)the defendant has appeared on a previous occasion to answer the complaint.
(2F) If a complaint under sub-paragraph (2) is substantiated on oath, any justice of the peace acting in the same local justice area as a court having jurisdiction to hear the complaint may issue a warrant for the defendant’s arrest, whether or not a summons has been issued previously.]
(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 [F3section 59(4)] 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.
Textual Amendments
F1Sch. 2 para. 3(2) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 143(a)
F2Sch. 2 para. 3(2A)-(2F) inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 143(b)
F3Words in Sch. 2 para. 3(3)(b)(ii) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 143(c)
Marginal Citations
M1Section 76(1) is amended by section 62(3) and paragraphs 45 and 46 of Schedule 13 to the Tribunals Courts and Enforcement Act 2007 (c.15) from a date to be appointed.