Child Maintenance and Other Payments Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill
Part 5 — General
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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The enactments specified in Schedule 8 are repealed to the extent specified.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
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(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
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different days may be so appointed for different purposes.
58
Citation
This Act may be cited as the Child Maintenance and Other Payments Act 2008.

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.
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      (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
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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.
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      (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
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Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
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(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
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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
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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.
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      (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.
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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—
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(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.
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Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
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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
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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.