House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee: 9th October 2007
130

Child Maintenance and Other Payments Bill, continued

Mr James Plaskitt

127

Clause  23,  page  17,  line  16,  leave out ‘32K’ and insert ‘20’.

Mr James Plaskitt

128

Clause  23,  page  17,  line  17,  leave out ‘32K’ and insert ‘20’.

Mr James Plaskitt

129

Clause  23,  page  17,  leave out from beginning of line 37 to end of line 8 on page 18.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

106

Clause  23,  page  18,  line  1,  leave out subsection (3).

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

107

Clause  23,  page  18,  line  4,  leave out ‘may’ and insert ‘shall’.

Danny Alexander

Paul Rowen

64

Clause  25,  page  18,  line  18,  leave out from ‘may’ to ‘a’ and insert ‘apply to the

court for an order to disqualify’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

108

Clause  25,  page  18,  line  18,  leave out ‘make an order’ and insert ‘apply to the court

for an order’.

Mr Mike Weir

92

Clause  25,  page  18,  line  24,  after ‘unpaid’, insert—

‘(ba)
the person from whom the Commission has sought to recover an amount

in terms of subsection (1) has been given an opportunity to make

representations to the Commission;’.

Danny Alexander

Paul Rowen

86

Clause  25,  page  19,  line  7,  leave out subsection (b).

Public Bill Committee: 9th October 2007
131

Child Maintenance and Other Payments Bill, continued

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

109


Clause  25,  page  19,  line  7,  leave out from ‘2006’ to end of line 8.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

110

Clause  25,  page  19,  line  8,  at end insert—

‘(8)
Only the travel authorisation function of the ID card is to be covered by this

section.’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

111

Clause  25,  page  21,  line  1,  leave out paragraph (c).

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

112

Clause  26,  page  23,  line  47,  leave out subsection (4).

Danny Alexander

Paul Rowen

61

Page  23,  line  23,  leave out Clause 26.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

113

Clause  27,  page  29,  line  39,  leave out subsection 2D.

Public Bill Committee: 9th October 2007
132

Child Maintenance and Other Payments Bill, continued

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

114

Clause  28,  page  31,  line  39,  leave out subsection A5.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

21

Clause  29,  page  32,  line  26,  at end insert—

‘(1A)
In circumstances where a person’s liabilities to pay child maintenance result in

sums owing to a parent with care, before exercising its powers under subsection

(1), the Commission must first obtain the permission of the parent with care in

writing.’.

Danny Alexander

Paul Rowen

121

Clause  29,  page  32,  line  32,  at end insert—

‘(4)
Regulations under subsection (1) may include—

(a)
provision enabling the Commission is prescribed circumstances to treat

liability as satisfied without authorisation from the parent with care; and

(b)
provision enabling the parent with care in prescribed circumstances to

appeal to the Commission against a decision to treat liability as

satisfied.’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

22

Clause  30,  page  32,  line  37,  after ‘(1)’, insert ‘Subject to the permission in writing

of any person to whom arrears of child support maintenance are owed,’.

Public Bill Committee: 9th October 2007
133

Child Maintenance and Other Payments Bill, continued

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

23

Clause  31,  page  33,  line  5,  after ‘(1)’, insert ‘Subject to the permission in writing of

any person to whom arrears of child support maintenance are owed,’.

Mr Mike Weir

93

Clause  31,  page  33,  line  10,  at end insert—

‘(1A)
In making a decision to extinguish liability for arrears of child support

maintenance under subsection (1) the Commission shall have regard to the

welfare of the child or children in respect of whom the arrears are due.’.

Danny Alexander

Paul Rowen

50

Clause  36,  page  35,  line  21,  at end insert—

‘(3A)
The results and finding of all pilot schemes must be published in separate

reports—

(a)
every six months while the pilot scheme is in operation, and

(b)
at the conclusion of every pilot scheme.’.

Mr Mike Weir

94

Clause  37,  page  35,  line  32,  leave out ‘20’ and insert ‘25’.

Danny Alexander

Paul Rowen

51

Clause  39,  page  36,  line  6,  at end insert ‘(subject to subsection (3))’.

Danny Alexander

Paul Rowen

52

Clause  39,  page  36,  line  6,  at end insert—

‘(2)
The Secertary of State must publish a report on the systems that will be put in

place to facilitate information sharing between Her Majesty’s Revenue and

Customs and the Commission.

Public Bill Committee: 9th October 2007
134

Child Maintenance and Other Payments Bill, continued

(3)
A Minister of the Crown must make a motion in each House of Parliament in

relation to the report mentioned in subsection (2) before the coming into effect of

Schedule 6.’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

120

Schedule  6,  page  69,  line  8,  at end insert—

‘5A(1)
This paragraph applies to information which is held for the purposes of Court

proceedings in which the non-resident parent is a party—

(a)
by the Court, or

(b)
by a person providing services to the Court.

      (2)
Information to which this paragraph applies may be supplied—

(a)
to the Commission, or

(b)
to a person providing services to the Commission,


for use for the purposes of functions relating to child support.’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

16

Page  36,  line  7,  leave out Clause 40.

Mr Mike Weir

95

Clause  50,  page  41,  line  45,  at end add—

‘(7)
The Secretary of State must consult with all organisations with a relevant material

interest prior to making regulations under this Act.’.

Danny Alexander

Paul Rowen

136


Schedule  7,  page  69,  line  16,  at end insert—

  ‘(1A)
In section 4 (child support maintenance), in subsection (10)(a), after “written

maintenance agreement” insert “or a registered minute of agreement”’.

Public Bill Committee: 9th October 2007
135

Child Maintenance and Other Payments Bill, continued

Danny Alexander

Paul Rowen

137


Schedule  7,  page  69,  line  16,  at end insert—

  ‘(1A)
In that section, in subsection (10)(aa) (which refers to maintenance orders)—

(a)
insert at beginning “a registered minute of agreement made after 5th

April 1993 or”

(b)
for “one year” substitute “48 months”’.

Danny Alexander

Paul Rowen

138


Schedule  7,  page  69,  line  16,  at end insert—

  ‘(1A)
In section 7 (right of child in Scotland to apply for assessment), in subsection

(10), after “written maintenance agreement” insert “or a registered minute of

agreement”’.

Mr James Plaskitt

134

Schedule  7,  page  69,  line  19,  at end insert—

      ‘()
In section 20 (appeals to appeal tribunals), in subsection (1), after paragraph

(b) insert—

“(ba)
a decision of the Commission to make a liability order under

section 32I;”.

      ()
In subsection (2) of that section, after paragraph (a) insert—

“(aa)
in relation to paragraph (ba), the person against whom the

order is made;”.

      ()
After subsection (5) of that section insert—

“(5A)
An appeal lies by virtue of subsection (1)(ba) only on the following

grounds—

(a)
that the person has not failed to pay an amount of child support

maintenance;

(b)
that the amount in respect of which the liability order is made

exceeds the amount of child support maintenance which the

person has failed to pay.”

      ()
After subsection (7) of that section insert—

“(7A)
In deciding an appeal against a decision of the Commission to make a

liability order, an appeal tribunal shall not question the maintenance

calculation by reference to which the liability order was made.”’.

Danny Alexander

Paul Rowen

139


Schedule  7,  page  69,  line  19,  at end insert—

  ‘(2A)
In section 9 (agreements about maintenance), for subsection 1, substitute—

  “(1)
In this section—

“maintenance agreement” means any agreement for the making, or for

securing the making, of periodical payments by way of

maintenance, or in Scotland aliment, to or for the benefit of any

child.

Public Bill Committee: 9th October 2007
136

Child Maintenance and Other Payments Bill, continued

“registered minute of agreement” means any agreement containing

provisions relating wholly or partly to maintenance, or in Scotland

aliment, to or for the benefit of any child which has been registered

for execution in the Books of Council and Session or the sheriff

court books.”’.

Danny Alexander

Paul Rowen

140


Schedule  7,  page  69,  line  19,  at end insert—

  ‘(2A)
In that section, in subsection (2), at end add “or a registered minute of

agreement”’.

Danny Alexander

Paul Rowen

141


Schedule  7,  page  69,  line  19,  at end insert—

  ‘(2A)
In that section, in subsection (3)—

(a)
after “section 4(10)(a)” insert “and (aa)”

(b)
after “written maintenance agreement” insert “or a registered minute

of agreement.”’.

Mr James Plaskitt

135

Schedule  7,  page  69,  line  26,  at end insert—

      ‘()
In section 32(7) (regulations about appeals), after “include” insert “—

(a)
provision with respect to the period within which a right of

appeal under the regulations may be exercised;

(b)
”.’.

Danny Alexander

Paul Rowen

142


Schedule  7,  page  72,  line  9,  at end insert—

‘“registered minute of agreement” has the meaning given in section

9(1) of the Child Support Act 1991.’.

Mr James Plaskitt

130

Clause  54,  page  42,  line  33,  after ‘Sections’ insert ‘20(5A),’.

Mr James Plaskitt

131

Clause  54,  page  42,  line  33,  leave out ‘32K,’.

Mr James Plaskitt

132

Clause  54,  page  42,  line  37,  after ‘Sections’ insert ‘20(7A),’.