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Section 33 Liability orders.C1C2

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where—

(a)

a person who is liable to make payments of child support maintenance (“the liable person”) fails to make one or more of those payments; and

(b)

it appears to the F1Secretary of State that—

(i)

it is inappropriate to make a deduction from earnings order against him (because, for example, he is not employed); or

(ii)

although such an order has been made against him, it has proved ineffective as a means of securing that payments are made in accordance with the F2maintenance calculation in question.

(2)

The F3Secretary of State may apply to a magistrates’ court or, in Scotland, to the sheriff for an order (“a liability order”) against the liable person.

(3)

Where the Secretary of State applies for a liability order, the magistrates’ court or (as the case may be) sheriff shall make the order if satisfied that the payments in question have become payable by the liable person and have not been paid.

(4)

On an application under subsection (2), the court or (as the case may be) the sheriff shall not question the maintenance calculation under which the payments of child support maintenance fell to be made.

F4(5)

If the F5Secretary of State designates a liability order for the purposes of this subsection it shall be treated as a judgment entered in a county court for the purposes of F6section 98 of the Courts Act 2003 (register of judgments and orders etc).

F7(6)

Where regulations have been made under section 29(3)(a)—

(a)

the liable person fails to make a payment (for the purposes of subsection (1)(a) of this section); and

(b)

a payment is not paid (for the purposes of subsection (3)),

unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.

Annotations

Textual amendments

F1

Words in s. 33(1)(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. 43

F2

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

F3

Words in s. 33(2)(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. 43

F4

S. 33(5) added (4.9.1995) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 10; S.I. 1995/2302, art. 2, Sch. Pt. 1

F5

Words in s. 33(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. 43

F6

Words in s. 33(5) substituted (6.4.2006) by The Courts Act 2003 (Consequential Amendment) Order 2006 (S.I. 2006/1001), arts. 1(1), 2

F7

S. 33(6) inserted (1.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(17) (with s. 83(6)); S.I. 2000/2994, art. 2(3)

Modifications

C1

S. 33 applied (with modifications) (E.W.) (5.4.1993) by S.I. 1992/2643, reg.3

C2

Ss. 29-41B modified by The Child Support (Transitional Provisions) Regulations 2000 (S.I. 2000/3186), reg. 16(2A) (as inserted (21.2.2003) by S.I. 2003/328, regs. 1(3)(a), 9(7)(b))

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.