OpenLegislation

Section 32F Lump sum deductions: final ordersF1C1

England, Wales and Scotland

(1)

The F2Secretary of State may make an order under this section in pursuance of a proposal specified in an order under section 32E if—

(a)

the order in which the proposal was specified (“the interim order”) is in force;

(b)

the period prescribed for the making of representations to the Secretary of State in respect of the proposal specified in the interim order has expired; and

(c)

the Secretary of State has considered any representations made to the Secretary of State during that period.

(2)

An order under this section—

(a)

shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;

(b)

if the interim order was made by virtue of section 32E(1)(a), shall specify the account specified in the interim order; and

(c)

shall specify the amount of arrears of child support maintenance in respect of which it is made.

(3)

The amount so specified—

(a)

shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this section is made; and

(b)

if the order is made in respect of a joint account, shall not exceed the amount that appears to the Commission to be fair in all the circumstances.

(4)

In determining the amount to be specified in an order made in respect of a joint account the F3Secretary of State shall have particular regard—

(a)

to the amount contributed to the account by each of the account-holders; and

(b)

to such other matters as may be prescribed.

(5)

An order under this section may specify an amount of arrears 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 amount 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 amount would nonetheless be fair in all the circumstances.

(6)

The F4Secretary of State shall serve a copy of any order made under this section on—

(a)

the deposit-taker or third party at which it is directed;

(b)

the liable person; and

(c)

if the order is made in respect of a joint account, the other account-holders.

Annotations

Textual amendments

F1

Ss. 32E-32K 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. 23, 62(3); S.I. 2009/1314, art. 2(1)(b)

F2

Words in s. 32F(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. 38(a)

F3

Words in s. 32F(4)(5) 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. 38(b)

F4

Words in s. 32F(6) 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. 38(b)

Modifications

C1

S. 32F 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)

Notes on the whole Act

Textual amendments

F1

Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.