Child Maintenance and Other Payments Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
49

      (2)
The committee under sub-paragraph (1) is to consist of at least three
members.
      (3)
Only non-executive members of the Commission may be members of the
committee under sub-paragraph (1).
      (4)
The committee under sub-paragraph (1) is to be chaired by a person other
5
than the person appointed to chair the Commission.
      (5)
The committee under sub-paragraph (1) must prepare a report on the
discharge of the functions mentioned in that sub-paragraph for inclusion in
the annual report of the Commission to the Secretary of State under section
9.
10
      (6)
The report under sub-paragraph (5) must relate to the same period as the
Commission’s report.
      (7)
The committee under sub-paragraph (1) may establish sub-committees.
      (8)
A sub-committee of the committee under sub-paragraph (1) may consist of
or include persons who are not members of that committee or the
15
Commission.
      (9)
The members of any sub-committee of the committee under sub-paragraph
(1) must not include persons who are executive members or other staff of the
Commission.
     (10)
The committee under sub-paragraph (1) may authorise any of its members
20
or any of its sub-committees to discharge on its behalf—
(a)
the function mentioned in sub-paragraph (1)(d);
(b)
the duty to prepare a report under sub-paragraph (5).
Supplementary powers
21
The Commission may do anything (except borrow money) which is
25
calculated to facilitate, or is conducive or incidental to, the carrying out of its
functions.
Status of the Commission
22    (1)
The Commission is not to be regarded as the servant or agent of the Crown,
or as enjoying any status, privilege or immunity of the Crown.
30
      (2)
Accordingly, the Commission’s property is not to be regarded as property
of, or held on behalf of, the Crown.
Validity
23
The validity of any proceedings of the Commission (including proceedings
of any of its committees) is not to be affected by—
35
(a)
any vacancy among the members of the Commission or any of its
committees,
(b)
any defect in the appointment of any member of the Commission or
any of its committees,
(c)
any defect in the appointment of the Commissioner for Child
40
Maintenance, or

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
50

(d)
the composition for the time being of the membership of the
Commission.
Exemption from liability in damages
24    (1)
No person who is—
(a)
a member of the Commission,
5
(b)
a member of any of its committees, or
(c)
a member of its staff,

is to be liable in damages for anything done or omitted in the exercise or
purported exercise of the functions of the Commission conferred by, or by
virtue of, this or any other enactment.
10
      (2)
The person appointed to chair the Commission is not to be liable in damages
for anything done or omitted in the exercise or purported exercise of any
functions conferred on that person by, or by virtue of, this Act.
      (3)
No person who is a member of the committee established under paragraph
20 or of any of its sub-committees is to be liable in damages for anything
15
done or omitted in the discharge or purported discharge of the duty to
prepare a report under sub-paragraph (5) of that paragraph.
      (4)
Sub-paragraphs (1) to (3) do not apply—
(a)
if it is shown that the act or omission was in bad faith, or
(b)
so as to prevent an award of damages made in respect of an act or
20
omission on the ground that the act or omission was unlawful as a
result of section 6(1) of the Human Rights Act 1998 (c. 42).
Public records
25
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
records), in Part 2 of the Table at the end of paragraph 3, at the appropriate
25
place insert—
“Child Maintenance and Enforcement Commission.”
Investigation by Parliamentary Commissioner
26
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments and authorities subject to investigation), at the appropriate
30
place insert—
“Child Maintenance and Enforcement Commission.”
Civil service pensions
27    (1)
The persons to whom section 1 of the Superannuation Act 1972 (c. 11)
(persons to or in respect of whom benefits may be provided by schemes
35
under that section) applies are to include—
(a)
the person appointed to chair the Commission;
(b)
the employees of the Commission.
      (2)
The Commission must pay to the Minister for the Civil Service, at such times
as he or she may direct, such sums as he or she may determine in respect of
40
the increase attributable to sub-paragraph (1) in the sums payable out of
money provided by Parliament under that Act.

Child Maintenance and Other Payments Bill
Schedule 2 — Transfer of functions under subordinate legislation
51

House of Commons disqualification
28
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (bodies of which all members are disqualified), at the appropriate
place insert—
“The Child Maintenance and Enforcement Commission.”
5
Northern Ireland Assembly disqualification
29
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (bodies of which all members are disqualified), at the
appropriate place insert—
“The Child Maintenance and Enforcement Commission.”
10
Freedom of information
30
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public
authorities), at the appropriate place insert—
“The Child Maintenance and Enforcement Commission.”
Interpretation
15
31
In this Schedule—
(a)
references to executive members of the Commission are to the
Commissioner for Child Maintenance and the executive directors;
(b)
references to non-executive members of the Commission are to those
members of the Commission who are not executive members of it.
20
32
In this Schedule, references to the staff of the Commission are to the
Commissioner for Child Maintenance and the other employees of the
Commission.
33
In this Schedule, references to the committees of the Commission are to—
(a)
the committee established under paragraph 20 and any of its sub-
25
committees, and
(b)
any committees or sub-committees established under paragraph 11.
Schedule 2
Section 12

Transfer of functions under subordinate legislation

Number
Title
Provisions

30

conferring functions

transferred

SI 1992/1812
The Child Support
All the regulations.

(Information, Evidence

and Disclosure)

35

Regulations 1992

Child Maintenance and Other Payments Bill
Schedule 2 — Transfer of functions under subordinate legislation
52

Number
Title
Provisions

conferring functions

transferred

SI 1992/1813
The Child Support
Regulation 1 so far

(Maintenance
as relating to other

5

Assessment Procedure)
functions

Regulations 1992
transferred to the

Commission by

virtue of section 12.

All other

10

regulations except

regulations 35A,

36, 38, 47 and 49.

SI 1992/1815
The Child Support
All the regulations.

(Maintenance

15

Assessments and

Special Cases)

Regulations 1992

SI 1992/1816
The Child Support
All the regulations.

(Arrears, Interest and

20

Adjustment of

Maintenance

Assessments)

Regulations 1992

SI 1992/1989
The Child Support
All the regulations.

25

(Collection and

Enforcement)

Regulations 1992

SI 1992/2643
The Child Support
All the regulations.

(Collection and

30

Enforcement of Other

Forms of Maintenance)

Regulations 1992

SI 1992/2645
The Child Support
All the regulations.

(Maintenance

35

Arrangements and

Jurisdiction)

Regulations 1992

SI 1993/627
The Family Proceedings
All the rules.

Courts (Child Support

40

Act 1991) Rules 1993

SI 1994/227
The Child Support
All the regulations.

(Miscellaneous

Amendments and

Transitional Provisions)

45

Regulations 1994

Child Maintenance and Other Payments Bill
Schedule 2 — Transfer of functions under subordinate legislation
53

Number
Title
Provisions

conferring functions

transferred

SI 1995/1045
The Child Support and
All the regulations.

Income Support

5

(Amendment)

Regulations 1995

SI 1996/2907
The Child Support
All the regulations

Departure Direction
except regulation

and Consequential
47.

10

Amendments

Regulations 1996

SI 1999/991
The Social Security and
Regulations 3A,

Child Support
6A, 6B, 7B, 7C, 15A

(Decisions and Appeals)
to 15D and 24.

15

Regulations 1999
Regulations 4, 32 to

34, 39 and 40 so far

as relating to child

support.

Regulation 23 so

20

far as relating to

other functions

transferred to the

Commission by

virtue of section 12.

25

SI 1999/1305
The Child Support
Regulation 20.

Commissioners

(Procedure) Regulations

1999

SI 1999/ 1510
The Social Security Act
All the articles.

30

1998 (Commencement

No. 7 and

Consequential and

Transitional Provisions)

Order 1999

35

SI 2000/3173
The Child Support
All the regulations.

(Variations)

(Modification of

Statutory Provisions)

Regulations 2000

40

SI 2000/ 3177
The Child Support
All the regulations.

(Voluntary Payments)

Regulations 2000

SI 2000/ 3186
The Child Support
All the regulations.

(Transitional

45

Provisions) Regulations

2000

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
54

Number
Title
Provisions

conferring functions

transferred

SI 2001/155
The Child Support
All the regulations.

(Maintenance

5

Calculations and Special

Cases) Regulations 2000

SI 2001/156
The Child Support
All the regulations.

(Variations) Regulations

2000

10

SI 2001/157
The Child Support
All the regulations

(Maintenance
except regulations

Calculation Procedure)
10 to 19.

Regulations 2000

Schedule 3
15
Section 12

Transfer of child support functions
Part 1
Consequential amendments
Child Support Act 1991 (c.48)
1
The Child Support Act 1991 (c. 48) is amended as follows.
20
2
In section 2 (welfare of children: the general principle)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”;
(c)
for “his” substitute “its”.
3     (1)
Section 4 (child support maintenance) is amended as follows.
25
      (2)
In subsection (1), for “Secretary of State” substitute “Commission”.
      (3)
In subsection (2)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
      (4)
In subsection (3)—
30
(a)
for “Secretary of State” (in both places where it occurs) substitute
“Commission”;
(b)
for “he” substitute “it”.
      (5)
In subsection (4), for “Secretary of State” (in the first and third places where
it occurs) substitute “Commission”.
35
      (6)
In subsection (5)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
55

      (7)
In subsections (6) and (7), for “Secretary of State” substitute “Commission”.
4     (1)
Section 6 (applications by those claiming or receiving benefit) is amended as
follows.
      (2)
After subsection (2) insert—
“(2A)
The Secretary of State must notify the Commission of circumstances
5
giving rise to the application of this section.”
      (3)
In subsections (3) and (4), for “Secretary of State” substitute “Commission”.
      (4)
In subsection (5)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
10
      (5)
In subsection (7), for “Secretary of State’s” substitute “Commission’s”.
      (6)
In subsection (8), for “Secretary of State” substitute “Commission”.
      (7)
In subsection (9)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”.
15
      (8)
In subsection (10), for “Secretary of State” substitute “Commission”.
      (9)
In subsection (11), for “he” (in the second place where it occurs) substitute
“the Commission”.
     (10)
In subsection (12), for “Secretary of State’s” substitute “Commission’s”.
5     (1)
Section 7 (right of child in Scotland to apply for calculation) is amended as
20
follows.
      (2)
In subsections (1) and (2), for “Secretary of State” substitute “Commission”.
      (3)
In subsection (3)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
25
      (4)
In subsection (4)—
(a)
for “Secretary of State” (in both places where it occurs) substitute
“Commission”;
(b)
for “he” substitute “it”.
      (5)
In subsection (5), for “Secretary of State” (in the first and third places where
30
it occurs) substitute “Commission”.
      (6)
In subsections (6) and (7), for “Secretary of State” substitute “Commission”.
      (7)
In subsection (8)(b), for “Secretary of State” substitute “Commission”.
6
In section 8 (role of the courts with respect to maintenance for children), in
subsections (1) and (2), for “Secretary of State” substitute “Commission”.
35
7     (1)
Section 10 (relationship between maintenance calculations and certain court
orders etc.) is amended as follows.
      (2)
In subsection (4)—
(a)
for “Secretary of State” (in the second and third places where it
occurs) substitute “Commission”;
40