Section 39C Period for which orders under section 39B are to have effectF1

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

s. 39C title words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(6)
s. 39C(1)-(1B) substituted for s. 39C(1) by Welfare Reform Act 2009 s. 51(3)
s. 39C(2) words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(2)(a)
s. 39C(2) words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(2)(b)
s. 39C(3) words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(3)(a)
s. 39C(3) words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(3)(b)
s. 39C(4) words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(4)(a)
s. 39C(4)(a) words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(4)(b)
s. 39C(5) words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(5)(a)
s. 39C(5) words substituted by Welfare Reform Act 2009 Sch. 5 para. 3(5)(b)

(1)

Disqualification by an order under section 39B shall be for such period not exceeding two years as the court may specify in the order.

(2)

On making an order under section 39B, the court may include in the order provision suspending the running of the period for which the order is to have effect until such day and on such conditions (if any) as the court thinks just.

(3)

After making such an order the court may by order suspend the running of the period for which it has effect until such day and on such conditions (if any) as the court thinks just.

(4)

The powers conferred by subsections (2) and (3) may be exercised by the court only—

(a)

if the person against whom the order under section 39B is made agrees to pay the amount specified in the order; or

(b)

if the court is satisfied that the suspension in question is justified by exceptional circumstances.

(5)

The F2Secretary of State may make a further application under section 39B if the amount specified in an order under that section has not been paid in full by the end of the period for which the order has effect.

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. 39C(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. 3(2), Sch. para. 80(3)

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.