Collection and enforcement

C132CF1Regulations about orders under section 32A

1

The Secretary of State may by regulations make provision with respect to orders under section 32A.

2

Regulations under subsection (1) may, in particular, make provision—

a

requiring an order to specify the amount or amounts in respect of which it is made;

b

requiring an order to specify the amounts which are to be deducted under it in order to meet liabilities under the maintenance calculation in question;

c

requiring an order to specify the dates on which deductions are to be made under it;

d

for the rate of deduction under an order not to exceed such rate as may be specified in, or determined in accordance with, the regulations;

e

as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of section 32A;

f

as to the payment of sums deducted under an order to the F2Secretary of State;

g

allowing the deposit-taker at which an order is directed to deduct from the amount standing to the credit of the account specified in the order a prescribed amount towards its administrative costs before making any deduction required by section 32A(6)(a);

h

with respect to notifications to be given to the person against whom an order is made (and, in the case of an order made in respect of a joint account, to the other account-holders) of amounts deducted, and amounts paid, under the order;

i

requiring the deposit-taker at which an order is directed to notify the F2Secretary of State in the prescribed manner and within a prescribed period—

i

if the account specified in the order does not exist at the time at which the order is served on the deposit-taker;

ii

of any other accounts held with the deposit-taker at that time by the person against whom the order is made;

j

requiring the deposit-taker at which an order is directed to notify the F2Secretary of State in the prescribed manner and within a prescribed period if, after the time at which the order is served on the deposit-taker—

i

the account specified in the order is closed;

ii

a new account of any description is opened with the deposit-taker by the person against whom the order is made;

k

as to circumstances in which the deposit-taker at which an order is directed, the person against whom the order is made and (in the case of an order made in respect of a joint account) the other account-holders may apply to the F2Secretary of State for F4the Secretary of State to review the order and as to such a review;

l

for the variation of orders;

m

similar to that made by section 32A(8), in relation to any variation of an order;

n

for an order to lapse in such circumstances as may be prescribed;

o

as to the revival of an order in such circumstances as may be prescribed;

p

allowing or requiring an order to be discharged;

q

as to the giving of notice by the F2Secretary of State to the deposit-taker that an order has lapsed or ceased to have effect.

3

The Secretary of State may by regulations make provision with respect to priority as between an order under section 32A and—

a

any other order under that section;

b

any order under any other enactment relating to England and Wales which provides for deductions from the same account;

c

any diligence done in Scotland against the same account.

4

The Secretary of State shall by regulations make provision for any person affected to have a right to appeal to a court—

a

against the making of an order under section 32A;

b

against any decision made by the F3Secretary of State on an application under regulations made under subsection (2)(k).

5

On an appeal under regulations made under subsection (4)(a), the court shall not question the maintenance calculation by reference to which the order was made.

6

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.