195.New section 39A(1) provides that this section applies where the Secretary of State has tried to obtain the amount outstanding by distress or enforcement through the county or sheriff courts.
196.New section 39A(2) provides for the courts to be able to consider either committal or disqualification from driving.
197.New section 39A(3) provides for the courts to consider:
	whether a driving licence is needed by the liable person to earn a living;
	the financial circumstances of the liable person; and
	whether there has been wilful refusal or culpable neglect.
198.New section 39A(4) provides for the Secretary of State and the liable person to make representations to court on which penalty should be imposed.
199.New section 39A(5) defines “driving licence”.
200.New section 39A(6) defines “court”.
201.Subsection (2) of section 16 amends section 40 of the 1991 Act which provides for committal by omitting subsections (1) and (2) which set out the present powers of the court and what must be considered. These matters are now covered by the new section 39A(1) and (3) above.
202.Subsection (3) provides for a new section 40B to be inserted before section 41.
Part 1: Child Support. Commentary on Sections Disqualification from driving New section 39A: Commitment to prison and disqualification from driving