Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

63.

Enforcement.

63.— (1) A maintenance creditor who fails to obtain a sum of money due under an attachment of earnings order, or the District Court clerk to whom the sum falls to be paid, may sue for the sum as a simple contract debt in any court of competent jurisdiction, if the failure to obtain the sum is caused by—

( a) a person failing, without reasonable excuse, to comply with section 54(3) or (4), or 57 , or an order under section 56 or 60(2) , or

( b) a person, without reasonable excuse, giving a false or misleading statement under section 56(1) or notification under section 57.

(2) A person who gives to a court a statement pursuant to section 56 or a notification under section 57 that he or she knows to be false or misleading commits an offence and is liable on summary conviction to F22 [ a class C fine ] or to imprisonment for a term not exceeding six months or to both.

(3) A person who contravenes section 54(5) commits an offence and is liable on summary conviction to F23 [ a class E fine ].

Annotations:

Amendments:

F22

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(c)(i), commenced on enactment.

F23

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(c)(ii), commenced on enactment.