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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

 

 

 
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