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Child Maintenance and Other Payments Bill


Child Maintenance and Other Payments Bill
Part 5 — General

42

 

51      

General interpretation

(1)   

In this Act, “the Commission” has the meaning given by section 1(1).

(2)   

Where—

(a)   

this Act amends or repeals an enactment contained in the Child

Support Act 1991 (c. 48) which has been amended by the Child Support,

5

Pensions and Social Security Act 2000 (c. 19), and

(b)   

the amendment by the 2000 Act has been brought into force for limited

purposes only,

   

the reference to the enactment shall, unless the contrary intention appears, be

read as a reference to the enactment as it has effect apart from the 2000 Act, as

10

well as to the enactment as amended by that Act.

52      

Minor and consequential amendments

(1)   

Schedule 7 (which makes minor and consequential amendments) has effect.

(2)   

The Secretary of State may by regulations make provision consequential on

this Act amending, repealing or revoking any provision of—

15

(a)   

an Act passed on or before the last day of the Session in which this Act

is passed, or

(b)   

an instrument made under an Act before the passing of this Act.

53      

Repeals

The enactments specified in Schedule 8 are repealed to the extent specified.

20

54      

Transition

(1)   

Until the coming into force of section 12, the Child Support Act 1991 shall have

effect as if references to the Commission were to the Secretary of State.

(2)   

The Secretary of State may by regulations make provision for the Child

Support Act 1991, as amended by Schedule 3, to have effect, until the coming

25

into force of section 15, with such modifications as the Secretary of State

considers necessary in consequence of the retention of functions under section

46 of that Act.

(3)   

The Secretary of State may, in relation to section 6 or 46 of the Child Support

Act 1991, by regulations make provision for the section to have effect with such

30

modifications as the Secretary of State considers expedient in anticipation of

the coming into force of section 15.

(4)   

Sections 20(5A), 32A, 32D, 32E, 32G, 32I, 41C to 41E, 43A, 49A and 49B of the

Child Support Act 1991 shall have effect as if “child support maintenance”

included periodical payments required to be paid in accordance with a

35

maintenance assessment under the Act.

(5)   

Sections 20(7A), 32A, 32B, 32D, 32E, 32G, 32I, 39E, 39J, 40 and 40B of the Child

Support Act 1991 shall have effect as if “maintenance calculation” included a

maintenance assessment under the Act.

(6)   

Sections 35, 36, 38, 39B, 39E, 39J, 39M, 40, 40B and 49B of the Child Support Act

40

1991 shall have effect as if orders made under section 33 of that Act had been

made under section 32I of that Act.

 
 

Child Maintenance and Other Payments Bill
Part 5 — General

43

 

(7)   

The Secretary of State may by regulations make in connection with the coming

into force of any provision of this Act such transitional provision or savings as

the Secretary of State considers necessary or expedient.

55      

Financial provisions

(1)   

There shall be paid out of money provided by Parliament—

5

(a)   

any expenditure incurred by the Secretary of State or a government

department in consequence of this Act, and

(b)   

any increase attributable to this Act in the sums payable out of money

so provided under any other enactment.

(2)   

There shall be authorised the extinguishing in consequence of this Act of

10

liabilities owed to the Crown under the Child Support Act 1991 (c. 48).

56      

Extent

(1)   

Subject to the following provisions, this Act extends to England and Wales and

Scotland only.

(2)   

The following provisions also extend to Northern Ireland—

15

(a)   

this section and sections 50, 52(2), 57 and 58;

(b)   

paragraphs 4 to 6 of Schedule 6, and section 39 so far as relating to those

paragraphs.

(3)   

Any amendment or repeal made by this Act has the same extent as the

enactment to which it relates.

20

57      

Commencement

(1)   

This section and sections 50, 54(7), 56 and 58 shall come into force on the day

on which this Act is passed.

(2)   

The remaining provisions of this Act shall come into force on such day as the

Secretary of State may by order made by statutory instrument appoint, and

25

different days may be so appointed for different purposes.

58      

Citation

This Act may be cited as the Child Maintenance and Other Payments Act 2007.

 
 

44

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission

 

Schedules

Schedule 1

Section 1

 

The Commission

Constitution of the Commission

1          

The Commission shall consist of the following members—

5

(a)   

a person to chair the Commission,

(b)   

the chief executive of the Commission (who is to be known as the

Commissioner for Child Maintenance),

(c)   

one or more directors appointed from the staff of the Commission

(“executive directors”), and

10

(d)   

two or more directors appointed otherwise than from the staff of the

Commission (“non-executive directors”).

Appointment of a person to chair the Commission

2          

Appointments for the purposes of paragraph 1(a) are to be made by the

Secretary of State otherwise than from the staff of the Commission.

15

Appointment of directors

3     (1)  

Appointments for the purposes of paragraph 1(c) are to be made by the

Commission, with the approval of the Secretary of State.

      (2)  

Appointments for the purposes of paragraph 1(d) are to be made by the

person appointed to chair the Commission, with the approval of the

20

Secretary of State.

      (3)  

The power under sub-paragraph (1) may not be exercised if the result of

exercising it would be to make the number of executive members of the

Commission equal to or greater than the number of non-executive members

of the Commission.

25

      (4)  

The power under sub-paragraph (2) must be exercised so as to secure, so far

as practicable, that the Commission always has more non-executive

members than executive members.

Terms of appointment and tenure of members

4     (1)  

The terms and conditions of a person’s appointment to chair the

30

Commission are to be such as the Secretary of State may determine.

      (2)  

The terms and conditions of a person’s appointment as a non-executive

director are to be such as the person appointed to chair the Commission may

determine with the approval of the Secretary of State.

 

 

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission

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      (3)  

The matters with which the terms and conditions of a member’s

appointment may deal include, in particular—

(a)   

the period for which the member is to hold office;

(b)   

the member’s eligibility for re-appointment;

(c)   

circumstances in which membership may be suspended or

5

terminated.

5     (1)  

Subject to sub-paragraphs (2) and (3), a person appointed to be a member of

the Commission—

(a)   

is to hold and vacate office in accordance with the terms and

conditions of his or her appointment, and

10

(b)   

may resign or be removed from office in accordance with those terms

and conditions.

      (2)  

A person appointed as an executive director ceases to be a member of the

Commission if he or she ceases to be a member of its staff.

      (3)  

A person appointed to chair the Commission or as a non-executive director

15

ceases to be a member of the Commission if he or she becomes a member of

its staff.

Remuneration etc. of non-executive members

6     (1)  

The Commission may pay, or make provision for paying, the person

appointed to chair the Commission such remuneration as the Secretary of

20

State may determine.

      (2)  

The Commission may—

(a)   

pay to or in respect of any person who is or has been appointed to

chair the Commission such pension, allowances or gratuities as the

Secretary of State may determine, or

25

(b)   

make such payments as the Secretary of State may determine

towards provision for the payment of a pension, allowance or

gratuity to or in respect of such a person.

      (3)  

Where—

(a)   

the person appointed to chair the Commission ceases to be a member

30

of the Commission otherwise than on the expiry of his term of office,

and

(b)   

it appears to the Secretary of State that there are circumstances which

make it right for that person to receive compensation,

           

the Commission may make a payment to that person of such amount as the

35

Secretary of State may determine.

7     (1)  

The Commission may pay, or make provision for paying, non-executive

directors of the Commission such remuneration as the person appointed to

chair the Commission may determine with the approval of the Secretary of

State.

40

      (2)  

The Commission may—

(a)   

pay to or in respect of any person who is or has been a non-executive

director such pension, allowances or gratuities as the person

appointed to chair the Commission may determine with the

approval of the Secretary of State, or

45

 

 

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission

46

 

(b)   

make such payments as the person appointed to chair the

Commission may determine with the approval of the Secretary of

State towards provision for the payment of a pension, allowance or

gratuity to or in respect of any person who is or has been a non-

executive director.

5

      (3)  

Where—

(a)   

a non-executive director ceases to be a member of the Commission

otherwise than on the expiry of his term of office, and

(b)   

it appears to the person appointed to chair the Commission that

there are circumstances which make it right for that person to receive

10

compensation,

           

the Commission may make a payment to that person of such amount as the

person appointed to chair the Commission may determine with the

approval of the Secretary of State.

Appointment of deputy chair

15

8          

The person appointed to chair the Commission must appoint one of the non-

executive directors as his or her deputy for such period (not exceeding the

remainder of the non-executive director’s period of office as director) as he

or she may specify on making the appointment.

Staff

20

9     (1)  

The Commission is to have a chief executive, who is to be an employee of the

Commission.

      (2)  

The first appointment of a chief executive—

(a)   

is to be made by the Secretary of State, and

(b)   

is to be on such terms and conditions as to remuneration and other

25

matters as the Secretary of State may determine.

      (3)  

Subsequent appointments of a chief executive—

(a)   

are to be made by the Commission with the approval of the Secretary

of State, and

(b)   

are to be on such terms and conditions as to remuneration and other

30

matters as the Commission may determine with the approval of the

Secretary of State.

10    (1)  

The Commission may appoint such other employees as it considers

appropriate.

      (2)  

Any such appointments are to be on such terms and conditions as to

35

remuneration and other matters as the Commission may determine.

Committees

11    (1)  

The Commission may establish committees for any purpose.

      (2)  

Any committee established under sub-paragraph (1) may establish sub-

committees.

40

      (3)  

Any committee or sub-committee established under this paragraph may

consist of or include persons who are not members of the Commission.

 

 

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission

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      (4)  

Any sub-committee established under sub-paragraph (2) may consist of or

include persons who are not members of the committee by which it is

established.

      (5)  

Sub-paragraphs (2) to (4) do not apply to the committee established under

paragraph 20(1) or to any of its sub-committees.

5

12         

Appointment as a member of a committee or sub-committee of the

Commission of a person who is not a member of the Commission or its staff

is to be on such terms and conditions as to remuneration and other matters

as the Commission may determine.

Procedure

10

13         

The Commission may determine—

(a)   

its own procedure (including quorum), and

(b)   

the procedure (including quorum) of any of its committees.

Delegation

14    (1)  

The Commission may authorise—

15

(a)   

any member of the Commission,

(b)   

any member of its staff, or

(c)   

any of its committees,

           

to exercise on its behalf such of its functions, in such circumstances, as it may

determine.

20

      (2)  

This paragraph does not apply to the functions listed in paragraph 20(1).

15    (1)  

The person appointed to chair the Commission may authorise—

(a)   

any executive member of the Commission,

(b)   

any member of its staff, or

(c)   

subject to sub-paragraph (2), any of its committees,

25

           

to exercise on his or her behalf the functions under paragraph 4(2) or 7.

      (2)  

Authority may not be given under sub-paragraph (1)(c) to a committee that

includes a non-executive director; and authority given under that provision

ceases to have effect if a non-executive director becomes a member of the

committee concerned.

30

Instruments

16    (1)  

The fixing of the common seal of the Commission must be authenticated by

the signature of a person authorised for that purpose by the Commission

(whether generally or specifically).

      (2)  

A document purporting—

35

(a)   

to be duly executed under the seal of the Commission, or

(b)   

to be signed on its behalf,

           

is to be received in evidence and taken, without further proof, to be so

executed or signed unless the contrary is proved.

      (3)  

This paragraph does not apply in relation to Scotland.

40

 

 

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission

48

 

Finance

17    (1)  

The Secretary of State may out of money provided by Parliament make such

payments to the Commission as the Secretary of State considers appropriate

for the purpose of enabling the Commission to meet its expenses.

      (2)  

Payments under this paragraph may be made at such times and subject to

5

such conditions (if any) as the Secretary of State considers appropriate.

Accounts and audit

18    (1)  

The Commission must—

(a)   

keep proper accounts and proper records in relation to its accounts,

and

10

(b)   

prepare in respect of each financial year a statement of accounts.

      (2)  

Each statement of accounts must comply with any directions given by the

Secretary of State with the approval of the Treasury as to—

(a)   

the information to be contained in it and the manner in which it is to

be presented;

15

(b)   

the methods and principles according to which the statement is to be

prepared;

(c)   

the additional information (if any) which is to be provided for the

information of Parliament.

      (3)  

The Commission must send a copy of each statement of accounts—

20

(a)   

to the Secretary of State, and

(b)   

to the Comptroller and Auditor General,

           

before the end of the month of August next following the financial year to

which the statement relates.

      (4)  

The Comptroller and Auditor General must—

25

(a)   

examine, certify and report on each statement of accounts received

under sub-paragraph (3), and

(b)   

lay a copy of each statement and of his report before Parliament.

      (5)  

In this paragraph, “financial year” means—

(a)   

the period beginning with the date on which the Commission is

30

established and ending with the next following 31st March, and

(b)   

each successive period of 12 months.

19         

The Commission must keep under review the question whether its internal

financial controls secure the proper conduct of its financial affairs.

Non-executive functions committee

35

20    (1)  

The Commission must establish a committee to discharge the following

functions on its behalf—

(a)   

the function under paragraph 9(3)(b);

(b)   

the function under paragraph 10(2), so far as relating to executive

directors;

40

(c)   

the function under paragraph 12;

(d)   

the function under paragraph 19.

 

 

 
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