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Article 36A Commitment to prison and disqualification from drivingF1C1

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

(1)

Where the Department has sought to recover an amount by virtue of Article 35 and that amount, or any portion of it, remains unpaid, the Department may apply to the court under this Article.

(2)

An application under this Article 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 for 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 Department may make representations to the court as to whether the Department thinks it more appropriate to commit the liable person to prison or to disqualify him for holding or obtaining a driving licence; and the liable person may reply to those representations.

(5)

In this Article and Article 37A, “driving licence” means a licence to drive a motor vehicle granted under Part II of the Road Traffic (Northern Ireland) Order 1981.

(6)

In this Article and Articles 37 and 37A, “the court” means a court of summary jurisdiction.

Annotations

Textual amendments

F1

2000 c. 4 (NI)

Modifications

C1

Art. 36A excluded (30.6.2014) by The Child Support Fees Regulations (Northern Ireland) 2014 (S.R. 2014/182), regs. 1(1), 9(2)(a)