Section 39B Disqualification for holding or obtaining United Kingdom passportF1F4C1
England, Wales and Scotland
The F2Secretary of State may apply to the court for an order under this section against a person where—
the Secretary of State has sought to recover an amount from the person by means of taking enforcement action by virtue of section 35 or 38, or by means of a third party debt order or a charging order by virtue of section 36;
the whole or any part of the amount remains unpaid; and
the Secretary of State is of the opinion that there has been wilful refusal or culpable neglect on the part of the person.
For the purposes of subsection (1)(a), the F3Secretary of State is to be taken to have sought to recover an amount by means of a charging order if an interim charging order has been made, whether or not any further steps have been taken to recover the amount.
A person against whom an order under this section is made is disqualified for holding or obtaining a travel authorisation while the order has effect.
On an application under subsection (1) for an order against a person the court shall (in the presence of that person) inquire as to—
whether the person needs a travel authorisation to earn a living;
the person's means;
whether there has been wilful refusal or culpable neglect on the part of the person.
If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the person, it may make an order under this section.
The court may not take action under both this section and section 40.
On an application under subsection (1) the court shall not question—
the liability order by reference to which the Secretary of State acted as mentioned in paragraph (a) of that subsection; or
the maintenance calculation by reference to which that liability order was made.
An order under this section shall specify the amount in respect of which it is made, which shall be the aggregate of—
the amount sought to be recovered as mentioned in subsection (1)(a), or so much of it as remains unpaid; and
an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of the application under this section.
A court which makes an order under this section shall require the person to whom it relates to produce any travel authorisation that the person holds.
The court shall send to the prescribed person any travel authorisation produced to the court under subsection (9).
Where a court—
makes an order under this section, or
allows an appeal against such an order,
it shall send notice of that fact to the Secretary of State; and the notice shall contain such particulars and be sent in such manner and to such address as the Secretary of State may determine.
In this section “travel authorisation” means—
a United Kingdom passport (within the meaning of the Immigration Act 1971);
an ID card issued under the Identity Cards Act 2006 that records that the person to whom it has been issued is a British citizen.
In this section (except for the purposes of subsection (11)(b)) and in sections 39C to 39E, “court” means—
in relation to England and Wales, a magistrates' court;
in relation to Scotland, the sheriff.
Annotations
Textual amendments
- F1
Ss. 39B-39G inserted (29.11.2018 for specified purposes, 14.12.2018 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 27, 62(3); S.I. 2018/1261, art. 2(a)(b)
- F2
Words in s. 39B(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. 3(2), Sch. para. 80(2)(a)
- F3
Words in s. 39B(2)(7)(11) 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. 3(2), Sch. para. 80(2)(b)
- F4
Words in s. 39B heading substituted (1.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 7(4)
Modifications
- C1
S. 39B modified (10.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 59(5)(6); 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.