Act Amending The Act Of 21 February 2003 Creating A Maintenance Within The Fps Finance And The Judicial Code Claims Service, To Ensure The Effective Recovery Of Maintenance Claims (1)

Original Language Title: Loi modifiant la loi du 21 février 2003 créant un Service des créances alimentaires au sein du SPF Finances et le Code judiciaire, en vue d'assurer le recouvrement effectif des créances alimentaires (1)

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12 MAI 2014. - An Act to amend the Act of February 21, 2003 to establish a Food Claims Service within the SPF Finance and the Judicial Code, with a view to ensuring the effective recovery of food claims (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of February 21, 2003 creating a Food Claims Service within the SPF Finance
Art. 2. In Article 4, § 1st, paragraph 1st, of the Act of 21 February 2003 creating a Food Claims Service within the FPS Finance, replaced by the Act of 22 December 2003, the following amendments are made:
1° the words "are not greater than the amount referred to in Article 1409, § 1erParagraph 1er, of the Judicial Code" are replaced by the words "are not more than 1,800 euros (basic amount)";
2° the paragraph is supplemented by the following sentence: "The amount of the increase is doubled for each disabled child opening the right to the increased family allowances or for each child receiving a disability allowance."
Art. 3. In section 5 of the Act, replaced by the Act of 22 December 2003, paragraph 2 is replaced by the following:
"The amount of this contribution is as follows:
dependant on the debtor of food: 13% of the amount of money to be collected or recovered principally."
Art. 4. In Article 7, § 2, of the Act, replaced by the Act of 22 December 2003, paragraph 1er is replaced by the following:
"If the food creditor asks for advances:
1° he mentions in his application the amount of his monthly income and encloses the material evidence of the last three months preceding the application;
2° he joins his application, if any, the material evidence attesting that he has a child opening up the right to the increased family allowance or benefiting from a disability allowance;
3° it joins its application, for each major child, a certificate of schooling or any material evidence attesting that the child is in vocational training. ".
Art. 5. In section 10 of the Act, replaced by the Act of 22 December 2003, the following amendments are made:
1° paragraph 1er is supplemented by a paragraph that reads as follows:
"If the food debtor has no home known in Belgium or abroad, the notification is sent to the prosecutor of the King of Brussels. ";
Paragraph 2 is replaced by the following:
"§2. Where applicable, such notification shall remain for the amounts it designates and shall cause the late interest, which shall be due from the day after the day on which the notification is filed at the post. Delay interest is calculated on the basis of the legal interest rate in civil matters. Without prejudice to the interruption of the limitation in the manner and conditions specified in articles 2244 et seq. of the Civil Code, the limitation shall be interrupted by that notification. The interruption of the prescription occurs at the time of filing the notification to the position. The interruption of subsequent requirements will occur when notification to the food debtor by registered letter. This letter contains the information mentioned in § 1er2.
Art. 6. In Article 13 of the Act, the words "Article 94 of the Acts on State Accounting, coordinated on July 17, 1991" are replaced by the words "Article 3 of the State Law of December 22, 1949".
Art. 7. In Article 16 of the Act, § 2 is replaced by the following:
"§2. With a view to the collection and recovery of maintenance, the Food Claims Service has the same rights, actions and guarantees as the food creditor. ".
Art. 8. In section 18 of the Act, the following amendments are made:
1° the words "Article 94 of the Laws on State Accounting, coordinated on 17 July 1991" are replaced by the words "Article 3 of the Republican Law of 22 December 1949";
2° the article is supplemented by a paragraph written as follows:
"In addition, the Food Claims Service may recover, on its own, the amounts paid unduly to the food creditor:
- up to 10% of any subsequent payment to be made in favour of the food creditor;
- up to 100% of any subsequent payment that will be made in favour of the creditor of food if the unduly paid amounts were obtained as a result of a statement or fraudulent act of the creditor of food. ".
CHAPTER 3. - Amendments to the Judicial Code
Section 1re. - Creation of a central file of judgments, judgments and acts allocating maintenance
Art. 9. In the Judicial Code, Part 5, Title 1, Chapter I is insertederquater, containing articles 1394/1 to 1394/19 and as follows:
"Chapter Ierquater. - Central file of judgments, judgments and acts allocating maintenance
Art. 1394/1. It is established with the SPF Justice a register known as the "Central file of judgments, judgments and acts allocating maintenance".
The central file of judgments, judgments and acts allocating maintenance is the computerized database that centralizes all judgments, judgments and acts relating to the granting of maintenance granted on the basis of articles 203, § 1er, 203, § 3, 205, 205bis, 206, 301, 336 and 353.14 of the Civil Code.
The purpose of this register is to electronically centralize all judgments, judgments and acts referred to in paragraph 2, with a view to ensuring a better recovery of the arrears of maintenance by the judicial officers mandated by a food creditor or by the FPS Finance Maintenance Service, as set out in the Act of 21 February 2003, creating a Maintenance Claims Service within the FPS Finance.
The central file of judgments, judgments and acts allocating maintenance is responsible for the identification, retention, management and electronic provision of the judgments, judgments and acts referred to in paragraph 2, in accordance with the provisions of this chapter and its enforcement orders.
Art. 1394/2. Individuals who can directly record, view, modify, process or destroy data from the central file of judgments, judgments and acts allocating maintenance are designated by name in a computerized registry, which is kept up to date by that central file.
Art. 1394/3. Any person who participates, in any capacity, in the collection, processing or communication of data recorded in the central file or is aware of such data, is required to respect the confidential nature of the data. Section 458 of the Criminal Code applies to him.
Art. 1394/4. In order to monitor the accuracy of the data in the central file of judgments, judgments and acts allocating maintenance and to keep it up to date, the SPF Justice staff responsible for data processing have access to the information referred to in Article 3, paragraph 1er, 1°, 2°, 5°, 6°, 7°, 8° and 13°, of the law of 8 August 1983 organizing a national register of natural persons and can use the identification number of this register. However, they cannot communicate the number to third parties in any form.
The King determines how to transmit information from the national registry to officials designated by the SPF Justice for data processing.
Art. 1394/5. The recording of judgments, judgments, deeds and personal data in the file is done without charge.
Art. 1394/6. At the request of the Minister of Justice, ministers with the Economy in their responsibilities, the Legislative Chambers, community and regional parliaments and the Office of the Plan, as well as the advice of the Management and Monitoring Committee, of any person or agency concerned, the central file of judgments, judgments and acts allocating maintenance provides them with anonymous data relevant to the research relating to the legal organization, to the granting of pension Codated data may only be disclosed in accordance with the rules applicable to the protection of privacy with respect to personal data processing.
Art. 1394/7. A Committee for the Management and Monitoring of the Central File of Judgments, Decisions and Acts Allocating a Maintenance is established with the SPF Justice, which is referred to as the Management and Monitoring Committee.
The Management and Oversight Committee is chaired by a judge of the court of first instance or by an emeritus magistrate or magistrate who may justify an effective experience of at least two years in the area of family law, and who is appointed by the Minister of Justice. The Committee is also composed of a legal officer and an informatician representing the Minister of Justice and appointed by him, a clerk of a court of first instance appointed by the Minister of Justice, a member of the Commission of the Protection of Privacy appointed by that commission, of a representative of the Service of Food Claims appointed by the Minister of Finance, of a representative of the National Bank of Belgium designated by the Governor
The Management and Oversight Committee can only deliberate effectively if at least half of its members are present.
The decisions of the Management and Oversight Committee shall be taken by a majority vote. In the event of parity, the president's voice is preponderant.
The members of the Committee are appointed for a renewable term of four years.
For each member of the Committee, an alternate shall be appointed in the same manner as for the actual members.
If the term of office of an effective member or an alternate member ends before the end of the term, the term shall be replaced. The alternate completes the mandate of his predecessor.
The Management and Oversight Committee sets out its rules of procedure, which is approved by the Minister of Justice and published in the Belgian Monitor.
Art. 1394/8. The Minister of Justice shall, for the President and the members of the Management and Oversight Committee, establish the amount and conditions for the granting of attendance tokens, residence allowances and the conditions for reimbursement of their travel expenses. All costs of the Committee are borne by the federal public service Justice.
Art. 1394/9. § 1er. The Management and Oversight Committee shall:
1° to ensure and contribute to the effective and safe operation of the central file in accordance with the provisions of this chapter;
2° to issue a notice on the enforcement orders referred to in 1394/1 and 1394/4, and on the requests referred to in 1394/6;
3° to advise the Minister of Justice, at his request, on any matter relating to the central file of judgments, judgments and acts allocating maintenance;
4° to give an opinion, ex officio or as a result of a request made in accordance with Article 1394/12, on any difficulty or dispute arising from the application of this chapter and its enforcement measures;
5° ordering the central file of judgments, judgments and acts allocating maintenance to render inoperative the individual codes of access to the central file, in accordance with Article 1394/13.
§ 2. While the member of the Privacy Commission has the same tasks and competencies as the other members of the Management and Oversight Committee, he also ensures coordination of the Committee ' s activities and those of the Committee as they interfere with each other.
Whereever it deems it useful to ensure coordination, the member referred to in the first paragraph may request the Committee to adjourn a notice, decision or recommendation and to submit the matter before the Privacy Commission.
In the case of such a request, the discussion of the file is suspended within the Management and Oversight Committee and the file is immediately forwarded to the Board. Upon receipt of the file, the Board shall have a period of 30 frank days to communicate its notice to the Management and Oversight Committee. If this deadline is not met, the Committee may issue its opinion or decision without waiting for the Commission's opinion.
The Board's view is explicitly mentioned in the Board's advice, decision or recommendation.
Art. 1394/10. Each year, the Management and Oversight Committee reports on the performance of its missions over the past year. This report contains suggestions regarding the appropriateness of modifying the advertising system in the context of the central file of judgments, judgments and acts allocating maintenance.
The report also includes an analysis of income and expenditure related to the central file of judgments, judgments and acts allocating maintenance.
The report is provided to the Legislative Chambers and the Minister of Justice.
Art. 1394/11. § 1er. The Management and Oversight Committee may collect all information necessary to carry out its tasks referred to in 1394/9, § 1er. To this end, it may conduct hearings and require the production of relevant documents; It also has access to the central file of judgments, judgments and acts allocating maintenance and all data relating to its operation. Persons heard or required to produce documents are entitled to disclose data covered by professional secrecy.
§ 2. If the Management and Oversight Committee deems it useful to carry out its tasks referred to in Article 1394/9, § 1er, it may inform the disciplinary authority or supervisor of the negligence and misconduct of the persons referred to in section 1394/2. It may also require the latter to investigate and submit a written report within the time limit.
If, as part of the execution of his duties, the Management and Oversight Committee is aware of a violation of articles 1394/14 and 1394/15 or of any other offence, it shall inform the competent King's Prosecutor.
§ 3. Section 1394/3 is applicable to the members of the Management and Oversight Committee for all information they have received in the performance of their duties, as well as to the individuals to whom the Committee discloses such data in the course of its duties.
Art. 1394/12. Any person may address in writing to the Management and Oversight Committee to report facts or situations that, in his or her opinion, require the Committee's intervention or make useful suggestions.
Unless expressly agreed to by the person who has addressed to him, the Committee may not reveal the identity of the person in question or the manner in which it has been seized.
The Management and Oversight Committee shall communicate to the applicant referred to in paragraph 1er the data he considers useful.
Art. 1394/13. In the expectation of the results of the measures referred to in Article 1394/11, the Management and Oversight Committee may attach to the central file of judgments, judgments and acts allocating maintenance to render inoperative, for a maximum period of one year, renewable only once, the individual code of access to the central file referred to in Article 13/1991, § 4, where there are reasonable indications that the holder has not complied with § 13/394. Except in case of absolute necessity, the interested person is first heard.
Art. 1394/14. Are punished by a fine of one hundred euros to five thousand euros, the organs or agents of the central file of judgments, judgments and acts allocating maintenance which:
1° did not take all measures to ensure the security and confidentiality of processed personal data;
2° did not maintain the individual register referred to in 1394/2.
Art. 1394/15. A penalty of eight days to six months and a fine of one hundred euros to five thousand euros or one of these penalties only, persons who:
1° in violation of the provisions of Article 1394/19, § 2, and apart from the cases provided by or under the law, knowingly disclosed their individual access code;
2° in violation of the provisions of Article 1394/3 and apart from the cases provided by or under the law, did not respect the confidential nature of the data recorded in the central file of judgments, judgments and acts allocating maintenance;
3° consulted the central file of judgments, judgments and acts allocating maintenance, without being in one of the cases referred to in article 1394/19, § 1er, or used data from this file for a purpose other than that that that could justify access to the file;
4° does not comply with their obligations under the provisions of Article 1394/18.
Art. 1394/16. The judge may decide to distract the sentenced person from the right to use his or her individual access code for a maximum of five years.
Art. 1394/17. All provisions of Book 1 of the Criminal Code, including Chapter VII and Article 85, but Chapter V excepted, apply to offences referred to in Articles 1394/14 and 1394/15.
Art. 1394/18. Within thirty calendar days of the passing of the act referred to in 1394/1, the notaries shall transmit a certified copy of that act to the central file of judgments, judgments and acts allocating maintenance through the Royal Federation of Belgian Notaries.
Within thirty calendar days of the passing of the judgment or the order provided for in Article 1394/1, the Clerks of Justices of Peace, Courts of First Instance and Courts of Appeal shall send a certified copy of this judgment or of this judgment to the central file of judgments, judgments and acts allocating maintenance.
Art. 1394/19. § 1er. Judges and Clerks may consult for the fulfilment of their legal duties the judgments, judgments and acts referred to in 1394/1.
Employees of the Food Debt Service within the SPF Finance, which is covered by the Act of 21 February 2003, creating a Food Debt Service within the SPF Finance, may, as part of their legal duties, consult the judgments, judgments and acts referred to in 1394/1.
The judicial officers referred to in Articles 509 et seq. of the Judicial Code may, as part of their legal duties, consult the judgments, judgments and acts referred to in Article 1394/1.
§ 2. Access to the data stored in the file is done through individual access codes. The holders of these codes may not disclose them to anyone and are personally responsible for the use of them.
§ 3. Any request to consult the file is admissible only if it mentions:
1° in addition to the access code, name, first name and professional address of the applicant referred to in paragraph 1er;
2° where applicable, the name, first name and domicile of the creditor or its name, legal nature and seat;
3° the subject matter of the application, justified in accordance with paragraph 1er.
§ 4. All persons registered in the file have a right of access and a right to rectify personal data registered, in accordance with sections 10 to 15 of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, without the right to the content of a judgment, a judgment or an act within the meaning of 1394/1. ".
Section 2. - Collective debt regulation
Art. 10. In article 1675/13, § 3, first dash, of the same Code, the words "not read on the day of the decision to stop the judicial settlement plan" are repealed.
CHAPTER 4. - Changes to the mortgage law
Art. 11. In section 19 of the Mortgage Act of 16 December 1851, last amended by the Act of 30 July 2013, the following amendments are made:
(a) a new 3rd bis is inserted as follows:
"3° bis. Food claims, which cannot exceed 15,000 euros;"
(b) the current 3° bis is renumbered in 3° ter.
CHAPTER 5. - Amendment of the Criminal Code
Art. 12. Section 391bis of the Criminal Code, last amended by the Act of 30 July 2013, is supplemented by a paragraph written as follows:
"In the event of a conviction for one of the offences provided for in this article, the judge may also declare the right to drive a motor vehicle, in accordance with sections 38 to 41 of the Act of 16 March 1968 on the Police of Road Traffic. ".
CHAPTER 6. - Entry into force
Art. 13. This Act, with the exception of sections 3, 4 and 9, comes into force on the first day of the third month following that of its publication in the Belgian Monitor.
Sections 2 to 8 apply to applications referred to in section 7 of the Act of 21 February 2003 creating a Food Claims Service within the FPS Finance, which the Food Claims Service will receive from the effective date of sections 3 and 4 of this Act.
Sections 3 and 4 come into force on 1er January following the day of the publication of this Act to the Belgian Monitor.
Article 9 comes into force on the date fixed by the King and no later than the first day of the sixth month following the day in which this Act was published in the Belgian Monitor.
Section 1394/18 of the Judicial Code, as set out in section 9, applies to acts, judgments and judgments passed or pronounced from the date of entry into force of section 9 of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 May 2014.
PHILIPPE
By the King:
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-3452.
Full report: 22 April 2014.
Senate (www.senate.be):
Documents: 5-2476.
Annales du Senate: February 27, 2014 and March 13, 2014.