[39B Disqualification for holding or obtaining [driving licence or] [United Kingdom passport]]

[39B  Disqualification for holding or obtaining [driving licence or] [United Kingdom passport]]

(1) The Commission may apply to the court for an order under this section [The [Secretary of State] may make an order under this section (referred to in this section and sections 39C to 39F as a “disqualification order”)] against a person where—

(a) [the Secretary of State] has sought to recover an amount from the person by means of taking enforcement action by virtue of section 35 or 38, or by means of a third party debt order or a charging order by virtue of section 36;

(b) the whole or any part of the amount remains unpaid; and

(c) the [Secretary of State] is of the opinion that there has been wilful refusal or culpable neglect on the part of the person.

(2) For the purposes of subsection (1)(a), the [Secretary of State] is to be taken to have sought to recover an amount by means of a charging order if an interim charging order has been made, whether or not any further steps have been taken to recover the amount.

(3) A person against whom an order under

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