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Section 39A Commitment to prison and disqualification from driving.F1C1

England, Wales and Scotland

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

(1)

Where the F2Secretary of State has sought—

(a)

in England and Wales to F3recover an amount by virtue of section 35(1); or

(b)

to recover an amount by virtue of section 36 or 38,

and that amount, or any portion of it, remains unpaid the Secretary of State may apply to the court under this section.

(2)

An application under this section is for whichever the court considers appropriate in all the circumstances of—

(a)

the issue of a warrant committing the liable person to prison; or

(b)

an order for him to be disqualified from holding or obtaining a driving licence.

(3)

On any such application the court shall (in the presence of the liable person) inquire as to—

(a)

whether he needs a driving licence to earn his living;

(b)

his means; and

(c)

whether there has been wilful refusal or culpable neglect on his part.

(4)

The F4Secretary of State may make representations to the court as to whether the Secretary of State thinks it more appropriate to commit the liable person to prison or to disqualify him from holding or obtaining a driving licence; and the liable person may reply to those representations.

(5)

In this section and section 40B, “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.

(6)

In this section “the court” means—

(a)

in England and Wales, a magistrates’ court;

(b)

in Scotland, the sheriff.

Annotations

Textual amendments

F1

S. 39A inserted (10.11.2000 for specified purposes, 2.4.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 16(1), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2000/3354, art. 2(3)

F2

Words in s. 39A(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. 48(a)

F3

Words in s. 39A(1)(a) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 95 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F4

Words in s. 39A(4) 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. 48(b)

Modifications

C1

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.