Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025

“Schedule 3ZBDisqualification from driving

Section 80D

Suspended DWP disqualification orders

1

(1)

This Schedule applies where—

(a)

the Secretary of State has sought to recover a recoverable amount from a liable person, and

(b)

some or all of the amount has not been recovered.

(2)

Where the amount still to be recovered is at least £1,000, the Secretary of State may apply to the court for a suspended DWP disqualification order (but see sub-paragraph (7)).

(3)

A suspended DWP disqualification order is an order—

(a)

setting out terms of repayment with which the liable person must comply, and

(b)

stating that the liable person may be subject to an immediate DWP disqualification order if the person fails to comply with the terms of repayment.

(4)

Subject to sub-paragraph (6), the court must make a suspended DWP disqualification order if the court is satisfied, on the balance of probabilities, that the liable person has, without reasonable excuse, not paid the recoverable amount.

(5)

The terms of repayment must include terms for the payment of any costs awarded by the court to the Secretary of State relating to the order.

(6)

The court may not make a suspended DWP disqualification order if the court considers that the liable person—

(a)

needs a driving licence to earn a living, or

(b)

has another essential need for a driving licence.

(7)

The Secretary of State may apply for a second or subsequent suspended DWP disqualification order in relation to a recoverable amount even if the amount still to be recovered has fallen to less than £1,000.

(8)

A suspended DWP disqualification order ceases to have effect when—

(a)

revoked under paragraph 4, or

(b)

the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in sub-paragraph (5) from the liable person.

(9)

Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.

(10)

In this Schedule—

“the court” means—

(a)

in England and Wales, a magistrates’ court, and

(b)

in Scotland, a sheriff or a summary sheriff;

“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.

Immediate DWP disqualification orders

2

(1)

Subject to sub-paragraph (6), if a liable person fails to comply with terms of repayment in a suspended DWP disqualification order, the Secretary of State may apply to the court for an immediate DWP disqualification order.

(2)

An immediate DWP disqualification order is an order—

(a)

setting out terms of repayment with which the liable person must comply, and

(b)

disqualifying the liable person from holding or obtaining a driving licence for such period as the court considers likely to result in the person paying the recoverable amount to the Secretary of State.

(3)

Subject to sub-paragraph (5), if the court is satisfied on the balance of probabilities that the liable person has failed, without reasonable excuse, to comply with terms of repayment in a suspended DWP disqualification order, the court must make an immediate DWP disqualification order on an application under sub-paragraph (1).

(4)

The period mentioned in sub-paragraph (2)(b) may not be longer than 2 years beginning with the day on which the order is made.

(5)

The court may not make an immediate DWP disqualification order if the court is of the opinion that the liable person—

(a)

needs a driving licence to earn a living, or

(b)

has another essential need for a driving licence.

(6)

Where the terms of repayment provide for repayment in instalments, the failure to pay a single instalment is not to be regarded as a failure to comply with the terms unless the liable person fails to repay the entire recoverable amount by the time the final instalment is due.

(7)

The Secretary of State may apply for more than one immediate DWP disqualification order in relation to the same suspended DWP disqualification order.

(8)

Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.

Terms of repayment

3

The court must be satisfied that the terms of repayment set out in a suspended or immediate DWP disqualification order are ones with which the liable person has the means to comply.

Variation and revocation of orders

4

(1)

On an application by the liable person or the Secretary of State, the court may, where some of the recoverable amount to which a suspended or immediate DWP disqualification order relates has been recovered, make an order varying, or revoking, a suspended or immediate DWP disqualification order.

(2)

But the court may revoke a suspended or immediate DWP disqualification order in reliance on sub-paragraph (1) only where the court considers that revoking the order will increase the likelihood of the remainder of the recoverable amount being recovered.

(3)

When considering an application under sub-paragraph (1), the court must invite representations from—

(a)

the Secretary of State, where the application was made by the liable person, and

(b)

the liable person, where the application was made by the Secretary of State,

or give both the Secretary of State and the liable person an opportunity to be heard.

(4)

The court may vary or revoke a suspended or immediate DWP disqualification order on an application from the liable person where—

(a)

the order was made without the liable person being heard despite being given an opportunity to be heard under paragraph 1(9), and

(b)

the court considers that the liable person had a good reason for not taking advantage of the opportunity to be heard.

(5)

An application under sub-paragraph (4) must be made within the period of 21 days beginning with the day after the day on which the liable person is given notice that the order has been made.

(6)

Before determining an application under this paragraph, the court must give the Secretary of State and the liable person an opportunity to be heard.

(7)

Where the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in paragraph 1(5) from a liable person subject to an immediate DWP disqualification order—

(a)

the Secretary of State must notify the court, and

(b)

a court officer must make an order (without a hearing) revoking the immediate DWP disqualification order.

(8)

In this paragraph, references to varying a suspended or immediate DWP disqualification order include varying the terms of repayment set out in the order.

(9)

In sub-paragraph (7)(b), “court officer” means a member of the staff of the court authorised by the court for the purposes of that sub-paragraph.

Holding of driving licence for period of disqualification

5

(1)

Where the court makes an immediate DWP disqualification order, the court—

(a)

may require the liable person to whom the order relates to give to the court by, or on, a specified date any driving licence which the liable person holds, and

(b)

must transfer each driving licence received in accordance with paragraph (a) to the Secretary of State.

(2)

For the purposes of this paragraph, “driving licence” includes any document by virtue of which a person is authorised under Part 3 of the Road Traffic Act 1988 to drive a motor vehicle in Great Britain.

Appeals

6

(1)

The liable person or the Secretary of State may appeal to the appropriate appellate court on a point of law against—

(a)

a decision to, or not to, make, vary or revoke a DWP disqualification order;

(b)

the terms of a DWP disqualification order.

(2)

An appeal under this paragraph must be made within the period of 21 days beginning with the day after the day on which notice of the decision to which it relates is given.

(3)

On an appeal under this paragraph, the appropriate appellate court may—

(a)

where the appeal relates to a DWP disqualification order that has been made—

(i)

dismiss the appeal,

(ii)

vary the order in any way that would have been available to the court that made it, or

(iii)

revoke the order, or

(b)

where the appeal is against a decision not to make a DWP disqualification order—

(i)

dismiss the appeal, or

(ii)

make a DWP disqualification order that the court could have made.

(4)

In this Schedule, the “appropriate appellate court” means—

(a)

in England and Wales, the Crown Court, and

(b)

in Scotland, the Sheriff Appeal Court.

DWP disqualification orders: further provision

7

(1)

A court must give the Secretary of State and the liable person notice if—

(a)

it makes or refuses to make a suspended or immediate DWP disqualification order,

(b)

it makes or refuses to make an order under paragraph 4, or

(c)

it allows an appeal against a suspended or immediate DWP disqualification order.

(2)

Notice under this paragraph is to be given to the Secretary of State in such manner and to such addresses, and to contain such particulars, as the Secretary of State may require.

(3)

The court may grant permission for an application or an appeal after the periods mentioned in paragraphs 4(5) and 6(2) (as the case may be) where satisfied that there is a compelling reason to do so.

(4)

Regulations may make provision—

(a)

for the purposes of enabling the court to assess the matters mentioned in paragraphs 1(6), 2(5) and 3, or

(b)

about procedure relating to applications to, or appeals from, a magistrates’ court in England and Wales under this Schedule.

(5)

In this paragraph, the reference to “a court” is to “the court” and “the appropriate appellate court”.

Information sharing

8

A public authority that holds information about a liable person’s driving licence may, on a request by the Secretary of State, disclose that information to the Secretary of State for the purpose of facilitating the exercise of the Secretary of State’s functions under this Schedule.

Northern Ireland licences

9

(1)

Section 109(1) of the Road Traffic Act 1988 (Northern Ireland licences) has effect subject to any provision made by or under this Schedule.

(2)

For the purposes of that section, the reference in paragraph 2(2)(b) to disqualifying a person from holding or obtaining a driving licence is to be read as a reference to disqualifying a person from driving any vehicle under Part 3 of the 1988 Act.”