House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

27

House of Commons

Tuesday 16th October 2007

Public Bill Committee Proceedings

Child Maintenance and Other Payments Bill

[Eleventh and Twelfth Sittings]

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

Not called  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,’.

Clause Agreed to.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

Not called  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

Withdrawn  93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.’.

Clause Agreed to.

Clauses 32 to 35 Agreed to.

Public Bill Committee Proceedings: 16th October 2007
28

Child Maintenance and Other Payments Bill, continued

Danny Alexander

Paul Rowen

Withdrawn  50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.’.

Clause Agreed to.

Mr Mike Weir

Withdrawn  94

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

Clause Agreed to.

Clause 38 Agreed to.

Danny Alexander

Paul Rowen

Withdrawn  51

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

Danny Alexander

Paul Rowen

Not called  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.

(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.’.

Clause Agreed to.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Danny Alexander

Paul Rowen

Withdrawn  120

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

Public Bill Committee Proceedings: 16th October 2007
29

Child Maintenance and Other Payments Bill, continued

‘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.’.

Schedule Agreed to.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Not selected  16

Page  36,  line  7,  leave out Clause 40.

Clause Agreed to.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Not selected  145

Clause  41,  page  36,  line  22,  after ‘mesothelioma’, insert ‘or pleural plaques’.

Clause Agreed to.

Mr James Plaskitt

Agreed to  143

Clause  42,  page  37,  line  8,  leave out from ‘that’ to end of line 9 and insert ‘such

requirement, if any, as may be prescribed by regulations as to the person’s connection

with the United Kingdom is satisfied’.

Danny Alexander

Paul Rowen

Not called  148

Clause  42,  page  37,  line  9,  at end insert—

‘(d)
The Secretary of State may by regulations include in subsection (c) such

persons who have been employed by companies based in the United

Kingdom and operating abroad.’.

Public Bill Committee Proceedings: 16th October 2007
30

Child Maintenance and Other Payments Bill, continued

Danny Alexander

Paul Rowen

Withdrawn  147

Clause  42,  page  37,  line  13,  leave out from ‘that’ to end of line 14 and insert

‘dependant’.

Mr James Plaskitt

Agreed to  144

Clause  42,  page  37,  line  18,  leave out from ‘that’ to end of line 19 and insert ‘such

requirement, if any, as may be prescribed by regulations as to the deceased’s connection

with the United Kingdom is satisfied’.

Clause, as amended, Agreed to.

Clauses 43 to 48 Agreed to.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Not moved  146

Clause  49,  page  40,  line  34,  leave out from second ‘payment’ to end of line 36.

Clause Agreed to.

Mr Mike Weir

Withdrawn  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.’.

Clause Agreed to.

Clauses 51 and 52 Agreed to.

Danny Alexander

Paul Rowen

Negatived on division  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”’.

Danny Alexander

Paul Rowen

Not called  137

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

Public Bill Committee Proceedings: 16th October 2007
31

Child Maintenance and Other Payments Bill, continued

  ‘(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

Not called  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

Agreed to  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

Not called  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.

“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.”’.

Public Bill Committee Proceedings: 16th October 2007
32

Child Maintenance and Other Payments Bill, continued

Danny Alexander

Paul Rowen

Not called  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

Not called  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

Agreed to  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

Not called  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.’.

Schedule Agreed to.

Clause 53 Agreed to.

Schedule 8 Agreed to.

Mr James Plaskitt

Agreed to  130

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

Mr James Plaskitt

Agreed to  131

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

Mr James Plaskitt

Agreed to  132

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

Public Bill Committee Proceedings: 16th October 2007
33

Child Maintenance and Other Payments Bill, continued

Mr James Plaskitt

Agreed to  133

Clause  54,  page  42,  line  37,  leave out ‘32K,’.

Clause, as amended, Agreed to.

Clauses 55 and 56 Agreed to.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Not called  14

Clause  57,  page  43,  line  22,  after ‘sections’, insert ‘16, [Duty of HM Revenue and

Customs to ascertain financial circumstances of non-resident parent],’.

Clause Agreed to.

Clause 58 Agreed to.

New Clauses

Application to Commission by third party

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Not called  NC1

To move the following Clause:—

‘Where a child’s welfare is at risk because appropriate maintenance arrangements

have not been established, a third party specified by the Secretary of State can, on

behalf of the child, make an application to the Commission.’.

Duty of HM Revenue and Customs to ascertain financial circumstances of non-resident

parent

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

Negatived on division  NC2

To move the following Clause:—

‘(1)
In section 11 of the Child Support Act 1991 (maintenance calculations) after

subsection (6) insert—