Child Trust Funds Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Child Trust Funds Bill

Child Trust Funds Bill
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(a)
section 21 has effect subject to subsection (2),
(b)
section 23 has effect subject to subsection (3), and
(c)
section 182(2ZB) of the Finance Act 1989 (c. 26) has effect subject to
subsection (4).
(2)
The references to—
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(a)
the General Commissioners or Special Commissioners in subsection (9)
of section 21, and
(b)
the Commissioners in subsection (10) of that section,

are to the appeal tribunal; and an appeal from a decision of the appeal tribunal
under subsection (9) of that section lies to a Social Security Commissioner
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rather than the High Court or the Court of Session (so that the reference to the
court in subsection (10) of that section is to the Social Security Commissioner).
(3)
An appeal under section 22 is to an appeal tribunal (rather than to the General
Commissioners or Special Commissioners) so that—
(a)
subsections (3), (4), (6) and (7) of section 23 do not apply, and
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(b)
the reference to the Commissioners in subsection (5) of that section is to
the appeal tribunal.
(4)
The reference to the General Commissioners or the Special Commissioners in
section 182(2ZB) of the Finance Act 1989 is to an appeal tribunal.
(5)
Regulations may apply any provision contained in—
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(a)
Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (social security
appeals: Great Britain),
(b)
Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998
(S.I. 1998/1506 (N.I. 10)) (social security appeals: Northern Ireland), or
(c)
section 54 of the Taxes Management Act 1970 (c. 9) (settling of appeals
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by agreement),

in relation to appeals which by virtue of this section are to an appeal tribunal,
or lie to a Social Security Commissioner, but subject to such modifications as
are prescribed by the regulations.
(6)
“Appeal tribunal” means an appeal tribunal constituted—
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(a)
in Great Britain, under Chapter 1 of Part 1 of the Social Security Act
1998, or
(b)
in Northern Ireland, under Chapter 1 of Part 2 of the Social Security
(Northern Ireland) Order 1998.
(7)
“Social Security Commissioner” means—
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(a)
in Great Britain, the Chief Social Security Commissioner or any other
Social Security Commissioner appointed under the Social Security Act
1998 or a tribunal of three or more Commissioners constituted under
section 16(7) of that Act, and
(b)
in Northern Ireland, the Chief Social Security Commissioner or any
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other Social Security Commissioner appointed under the Social
Security Administration (Northern Ireland) Act 1992 (c. 8) or a tribunal
of two or more Commissioners constituted under Article 16(7) of the
Social Security (Northern Ireland) Order 1998.

Child Trust Funds Bill
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Supplementary
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Northern Ireland
In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), after
paragraph 9 insert—
“9A
Child Trust Funds.”
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Money
(1)
Any expenditure incurred by the Inland Revenue under or by virtue of this Act is to be
defrayed out of money provided by Parliament.
(2)
Any sums received by the Inland Revenue by virtue of this Act are to be paid into the
Consolidated Fund.
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Commencement
(1)
This Act (apart from sections 25 and 26, this section and sections 28 to 31) does
not come into force until the appointed day.
(2)
But the Inland Revenue may issue vouchers under section 5(1) before the
appointed day in respect of children who appear likely to be eligible children
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by virtue of section 2(1)(a) on the appointed day.
(3)
In this Act “the appointed day” means the day appointed by order.
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Regulations and orders
(1)
Any power to make regulations or an order under this Act is exercisable by the
Treasury.
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(2)
Any power to make regulations or an order under this Act includes power to
make any incidental, supplementary, consequential or transitional provision
which appears appropriate for the purposes of, or in connection with, the
regulations or order.
(3)
Any power to make regulations under this Act may be exercised—
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(a)
in relation to all cases to which it extends, to all those cases with
exceptions prescribed by the regulations or to cases or classes of case so
prescribed,
(b)
so as to make as respects the cases in relation to which it is exercised the
full provision to which it extends or any less provision (whether by way
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of exception or otherwise),
(c)
so as to make the same provision for all cases in relation to which it is
exercised or different provision for different cases or classes of case or
different provision as respects the same case or class of case for
different purposes,
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(d)
so as to make provision unconditionally or subject to any condition
prescribed by the regulations,
(e)
so as to provide for a person to exercise a discretion in dealing with any
matter.
(4)
Any power to make regulations or an order under this Act is exercisable by
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statutory instrument.

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(5)
A statutory instrument containing only regulations under section 13 is subject
to annulment in pursuance of a resolution of the House of Commons.
(6)
Any other statutory instrument containing regulations under this Act is subject
to annulment in pursuance of a resolution of either House of Parliament.
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Interpretation
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In this Act—
“account provider” is to be construed in accordance with section 3(1),
“the appointed day” has the meaning given by section 27(3),
“child” means a person under the age of 18,
“child trust fund” has the meaning given by section 1(2),
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“eligible child” is to be construed in accordance with section 2,
“the Inland Revenue” means the Commissioners of Inland Revenue, and
“responsible person” has the meaning given by section 3(6).
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Extent
This Act extends to Northern Ireland (as well as to England and Wales and
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Scotland).
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Short title
This Act may be cited as the Child Trust Funds Act 2004.