Section 39E Variation and revocation of orders following paymentF1

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

s. 39E(1A) inserted by Welfare Reform Act 2009 Sch. 5 para. 5(3)
s. 39E(1) words substituted by Welfare Reform Act 2009 Sch. 5 para. 5(2)(a)
s. 39E(1) word substituted by Welfare Reform Act 2009 Sch. 5 para. 5(2)(b)
s. 39E(1) words repealed by Welfare Reform Act 2009 Sch. 5 para. 5(2)(c) Sch. 7 Pt. 4
s. 39E(1)(a) words substituted by Welfare Reform Act 2009 Sch. 5 para. 5(2)(d)
s. 39E(1)(b) words substituted by Welfare Reform Act 2009 Sch. 5 para. 5(2)(d)
s. 39E(2) words substituted by Welfare Reform Act 2009 Sch. 5 para. 5(4)(a)
s. 39E(2) word substituted by Welfare Reform Act 2009 Sch. 5 para. 5(4)(b)
s. 39E(2) words repealed by Welfare Reform Act 2009 Sch. 5 para. 5(4)(c) Sch. 7 Pt. 4
s. 39E(2) words substituted by Welfare Reform Act 2009 Sch. 5 para. 5(4)(d)
s. 39E(3)-(5) repealed by Welfare Reform Act 2009 Sch. 5 para. 5(5) Sch. 7 Pt. 4

(1)

If part of the amount specified in an order under section 39B is paid to any person authorised to receive it, the court may, on an application made by the F2Secretary of State or the person against whom the order is made, by order—

(a)

reduce the period for which the order under section 39B is to have effect; or

(b)

revoke the order under section 39B.

(2)

If the whole of the amount specified in an order under section 39B is paid to any person authorised to receive it, the court shall, on an application made by the Secretary of State or the person against whom the order is made, by order revoke the order under section 39B.

(3)

The Secretary of State may make representations to the court as to the amount which should be paid before it would be appropriate to make an order under subsection (1) revoking an order under section 39B, and the person against whom the order was made may reply to those representations.

(4)

The court may exercise the powers conferred on it by subsection (1) or (2) without the need for an application where money found on a search under section 39D(1) is applied towards payment of the amount specified in the order under section 39B.

(5)

Where a court makes an order under this section, 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.

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. 39E 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(4)

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.