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establish the Child Maintenance and Enforcement Commission; to amend the |
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law relating to child support; to make provision about lump sum payments to |
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or in respect of persons with diffuse mesothelioma; and for connected |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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The Child Maintenance and Enforcement Commission |
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1 | The Child Maintenance and Enforcement Commission |
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(1) | There shall be a body corporate to be known as the Child Maintenance and |
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Enforcement Commission (referred to in this Act as “the Commission”). |
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(2) | Schedule 1 (which makes further provision about the Commission) has effect. |
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2 | Objectives of the Commission |
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(1) | The Commission’s main objective is to maximise the number of those children |
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who live apart from one or both of their parents for whom effective |
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maintenance arrangements are in place. |
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(2) | The Commission’s main objective is supported by the following subsidiary |
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(a) | to encourage and support the making and keeping by parents of |
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appropriate voluntary maintenance arrangements for their children; |
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(b) | to support the making of applications for child support maintenance |
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under the Child Support Act 1991 (c. 48) and to secure compliance |
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when appropriate with parental obligations under that Act. |
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(3) | The Commission shall aim to pursue, and to have regard to, its objectives when |
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exercising a function that is relevant to them. |
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3 | Functions of the Commission: general |
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(a) | the functions relating to child support transferred to it from the |
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Secretary of State by virtue of this Act, and |
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(b) | such other functions as are conferred by, or by virtue of, this or any |
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(2) | The Secretary of State may by regulations provide for the Commission to have |
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an additional function if it appears to the Secretary of State that it is necessary |
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or expedient for the Commission to have the function in relation to any of its |
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(3) | The Commission must exercise its functions effectively and efficiently. |
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4 | Promotion of child maintenance |
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The Commission must take such steps as it thinks appropriate for the purpose |
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of raising awareness among parents of the importance of— |
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(a) | taking responsibility for the maintenance of their children, and |
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(b) | making appropriate arrangements for the maintenance of children of |
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theirs who live apart from them. |
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5 | Provision of information and guidance |
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(1) | The Commission must provide to parents such information and guidance as it |
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thinks appropriate for the purpose of helping to secure the existence of |
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effective maintenance arrangements for children who live apart from one or |
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(2) | The Commission may provide information for other purposes in the course of |
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exercising its function under subsection (1). |
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(1) | The Secretary of State may by regulations make provision about the charging |
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of fees by the Commission in connection with the exercise of its functions. |
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(2) | Regulations under subsection (1) may, in particular, make provision— |
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(a) | about when a fee may be charged; |
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(b) | about the amount which may be charged; |
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(c) | for the supply of information needed for the purpose of determining |
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the amount which may be charged; |
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(d) | about who is liable to pay any fee charged; |
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(e) | about when any fee charged is payable; |
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(f) | about the recovery of fees charged; |
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(g) | about waiver, reduction or repayment of fees. |
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(3) | The power conferred by subsection (1) includes power to make provision for the |
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charging of fees which are not related to costs. |
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(4) | The Secretary of State may by regulations make provision for a person affected |
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by a decision of the Commission under regulations under subsection (1) to |
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have a right of appeal against the decision to an appeal tribunal. |
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(5) | Regulations under subsection (4) may include— |
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(a) | provision with respect to the period within which a right of appeal |
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under the regulations may be exercised; |
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(b) | provision with respect of the powers of an appeal tribunal in relation to |
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an appeal under the regulations. |
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(6) | The Commission shall pay into the Consolidated Fund any amount which it receives in |
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respect of fees charged by it under regulations under this section. |
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7 | Agency arrangements and provision of services |
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(1) | Arrangements may be made between the Commission and any relevant |
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(a) | any functions of one of them to be exercised on their behalf by, or by |
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members of staff of, the other; |
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(b) | the provision of administrative, professional or technical services by |
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one of them for the other. |
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(2) | The reference in subsection (1)(a) to functions does not include functions of |
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making, confirming or approving subordinate legislation. |
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(3) | The Commission may make arrangements under this section on such terms |
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and conditions as it thinks fit. |
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(4) | In this section “relevant authority” means— |
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(a) | any Minister of the Crown or department of the Government of the |
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(b) | a public body specified in regulations made by the Secretary of State for |
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the purposes of this section. |
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(1) | Any function of the Commission may be exercised by, or by employees of, such |
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person (if any) as the Commission may authorise for the purpose. |
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(2) | An authorisation given by virtue of subsection (1) may authorise the exercise |
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of the function concerned— |
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(a) | either wholly or to such extent as may be specified in the authorisation, |
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(b) | either generally or in such cases or areas as may be so specified, and |
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(c) | either unconditionally or subject to the fulfilment of such conditions as |
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(3) | An authorisation given by virtue of subsection (1)— |
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(a) | may specify its duration, |
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(b) | may be revoked at any time by the Commission, and |
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(c) | shall not prevent the Commission or any other person from exercising |
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the function to which the authorisation relates. |
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(4) | Where a person is authorised to exercise any function by virtue of subsection |
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(1), anything done or omitted to be done by or in relation to that person (or an |
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employee of that person) in, or in connection with, the exercise or purported |
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exercise of the function shall be treated for all purposes as done or omitted to |
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be done by or in relation to the Commission. |
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(5) | Subsection (4) shall not apply— |
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(a) | for the purposes of so much of any contract made between the |
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authorised person and the Commission as relates to the exercise of the |
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(b) | for the purposes of any criminal proceedings brought in respect of |
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anything done or omitted to be done by the authorised person (or an |
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employee of that person). |
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(a) | a person is authorised to exercise any function by virtue of subsection |
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(b) | the authorisation is revoked at a time when a relevant contract is |
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| the authorised person shall be entitled to treat the relevant contract as |
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repudiated by the Commission (and not as frustrated by reason of the |
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(7) | In subsection (6), the reference to a relevant contract is to so much of any |
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contract made between the authorised person and the Commission as relates |
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to the exercise of the function. |
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9 | Annual report to Secretary of State |
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(1) | The Commission must prepare a report for each financial year. |
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(2) | Each report under this section must— |
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(a) | deal with the activities of the Commission in the financial year for |
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which it is prepared, including the matters mentioned in subsection (3), |
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(b) | include the report prepared under paragraph 20(5) of Schedule 1 by the |
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committee established under that paragraph. |
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(3) | The matters referred to in subsection (2)(a) are— |
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(a) | the strategic direction of the Commission and the manner in which it |
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has been kept under review; |
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(b) | the Commission’s objectives and targets, the steps taken to meet them |
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and the extent to which they have been met; |
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(c) | the steps taken to monitor the performance of the Commission in |
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ensuring that its functions are exercised effectively and efficiently; |
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(d) | the extent to which the Commission has relied on section 8(1). |
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(a) | send each report to the Secretary of State as soon as practicable after the |
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end of the financial year for which it is prepared, and |
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(b) | publish the report in such manner as the Commission considers |
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(5) | The Secretary of State must lay before Parliament a copy of every report |
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received under this section. |
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(6) | In this section, “financial year” means— |
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(a) | the period beginning with the date on which the Commission is |
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established and ending with the next following 31st March, and |
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(b) | each successive period of 12 months. |
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