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Child Maintenance and Other Payments Bill

moved Amendment No. 157: 157: Clause 22, page 14, line 28, leave out from beginning to end of line 32 on page 15 and insert— ““32EA Orders under sections 32D and 32E: freezing of accounts etc. (1) During the relevant period, an order under section 32D or 32E which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker not to do anything that would reduce the amount standing to the credit of the account below the amount specified in the order (or, if already below that amount, that would further reduce it). (2) During the relevant period, any other order under section 32D or 32E shall operate as an instruction to the third party at which it is directed not to do anything that would reduce the amount due to the liable person below the amount specified in the order (or, if already below that amount, that would further reduce it). (3) Subsections (1) and (2) have effect subject to regulations made under section 32EC(1). (4) In this section ““the relevant period””, in relation to an order under section 32D, means the period during which the order is in force. (5) In this section and section 32EB ““the relevant period””, in relation to an order under section 32E, means the period which— (a) begins with the service of the order on the deposit-taker or third party at which it is directed; and (b) (subject to subsection (6)) ends with the end of the period during which an appeal can be brought against the order by virtue of regulations under section 32G(6). (6) If an appeal is brought by virtue of the regulations, the relevant period ends at the time at which— (a) proceedings on the appeal (including any proceedings on a further appeal) have been concluded; and (b) any period during which a further appeal may ordinarily be brought has ended. (7) References in this section and sections 32EB and 32G to the amount due to the liable person are to be read as references to the total of any amounts within section 32D(1)(b) that are due or accruing to the liable person from the third party in question. 32EB Orders under section 32E: deductions and payments (1) Once the relevant period has ended, an order under section 32E which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker— (a) if the amount standing to the credit of the account is less than the remaining amount, to pay to the Commission the amount standing to the credit of the account; and (b) otherwise, to deduct from the account and pay to the Commission the remaining amount. (2) If an amount of arrears specified in the order remains unpaid after any payment required by subsection (1) has been made, the order shall operate until the relevant time as an instruction to the deposit-taker— (a) to pay to the Commission any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and (b) not to do anything else that would reduce the amount standing to the credit of the account. (3) Once the relevant period has ended, any other order under section 32E shall operate as an instruction to the third party at which it is directed— (a) if the amount due to the liable person is less than the remaining amount, to pay to the Commission the amount due to the liable person; and (b) otherwise, to deduct from the amount due to the liable person and pay to the Commission the remaining amount. (4) If an amount of arrears specified in the order remains unpaid after any payment required by subsection (3) has been made, the order shall operate until the relevant time as an instruction to the third party— (a) to pay to the Commission any amount (not exceeding the remaining amount) due to the liable person; and (b) not to do anything else that would reduce any amount due to the liable person. (5) This section has effect subject to regulations made under sections 32EC(1) and 32G(2)(c). (6) In this section— ““the relevant time”” means the earliest of the following— (a) the time at which the remaining amount is paid; (b) the time at which the order lapses or is discharged; and (c) the time at which a prescribed event occurs or prescribed circumstances arise; ““the remaining amount””, in relation to any time, means the amount of arrears specified in the order under section 32E which remains unpaid at that time. 32EC Power to disapply sections 32EA(1) and (2) and 32EB(2)(b) and (4)(b) (1) The Secretary of State may by regulations make provision as to circumstances in which things that would otherwise be in breach of sections 32EA(1) and (2) and 32EB(2)(b) and (4)(b) may be done. (2) Regulations under subsection (1) may require the Commission’s consent to be obtained in prescribed circumstances. (3) Regulations under subsection (1) which require the Commission’s consent to be obtained may provide for an application for that consent to be made— (a) by the deposit-taker or third party at which the order under section 32D or 32E is directed; (b) by the liable person; and (c) if the order is made in respect of a joint account, by any of the other account-holders. (4) If regulations under subsection (1) require the Commission’s consent to be obtained, the Secretary of State shall by regulations provide for a person of a prescribed description to have a right of appeal to a court against the withholding of that consent. (5) Regulations under subsection (4) may include— (a) provision with respect to the period within which a right of appeal under the regulations may be exercised; (b) provision with respect to the powers of the court to which the appeal under the regulations lies.”” On Question, amendment agreed to. [Amendment No. 158 not moved.]