Regulation 33 Application for warrant of commitment

(1)

For the purposes of enabling an inquiry to be made under section F139A of the Act as to the liable person’s conduct and means, a justice of the peace F2... may—

(a)

issue a summons to him to appear before a magistrates’ court and (if he does not obey the summons) issue a warrant for his arrest; or

(b)

issue a warrant for his arrest without issuing a summons.

(2)

In any proceedings under F3sections 39A and 40 of the Act, a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be evidence of the facts there stated.

(3)

Where an application under section F439A of the Act has been made but no warrant of commitment is issued or term of imprisonment fixed, the application may be renewed on the ground that the circumstances of the liable person have changed.

Annotations

Textual amendments

F1: Words in reg. 33(1) substituted (31.5.2001, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(6)(b)(i) (with reg. 6)
F2: Words in reg. 33(1) omitted (1.8.2007) by virtue of The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 2(6)
F3: Words in reg. 33(2) substituted (31.5.2001, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(6)(b)(ii) (with reg. 6)
F4: Words in reg. 33(3) substituted (31.5.2001, See reg. 1 of S.I. for when to apply for different circumstances) by S.I. 2001/162, reg. 1(3), 2(6)(b)(i) (with reg. 6)