|
| |
|
51 | General interpretation |
| |
(1) | In this Act, “the Commission” has the meaning given by section 1(1). |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(b) | an instrument made under an Act before the passing of this Act. |
| |
| |
The enactments specified in Schedule 8 are repealed to the extent specified. |
| 20 |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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. |
| |
| |
(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). |
| |
| |
(1) | Subject to the following provisions, this Act extends to England and Wales and |
| |
| |
(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 |
| |
| |
(3) | Any amendment or repeal made by this Act has the same extent as the |
| |
enactment to which it relates. |
| 20 |
| |
(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. |
| |
| |
This Act may be cited as the Child Maintenance and Other Payments Act 2008. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
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 |
| |
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 |
| |
(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 |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
5 (1) | Subject to sub-paragraphs (2) and (3), a person appointed to be a member of |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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. |
| |
| |
(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, |
| |
| |
(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 |
| |
| 40 |
| |
(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 |
|
| |
|
| |
|
(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- |
| |
| 5 |
| |
(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 |
| |
| 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. |
| |
| 20 |
9 (1) | The Commission is to have a chief executive, who is to be an employee of the |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
10 (1) | The Commission may appoint such other employees as it considers |
| |
| |
(2) | Any such appointments are to be on such terms and conditions as to |
| 35 |
remuneration and other matters as the Commission may determine. |
| |
| |
11 (1) | The Commission may establish committees for any purpose. |
| |
(2) | Any committee established under sub-paragraph (1) may establish sub- |
| |
| 40 |
(3) | Any committee or sub-committee established under this paragraph may |
| |
consist of or include persons who are not members of the Commission. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| 10 |
13 | The Commission may determine— |
| |
(a) | its own procedure (including quorum), and |
| |
(b) | the procedure (including quorum) of any of its committees. |
| |
| |
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 |
| |
| 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 |
| |
| 30 |
| |
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 |
|
| |
|
| |
|
| |
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. |
| |
| |
18 (1) | The Commission must— |
| |
(a) | keep proper accounts and proper records in relation to its accounts, |
| |
| 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 |
| |
| 15 |
(b) | the methods and principles according to which the statement is to be |
| |
| |
(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 |
| |
| |
(a) | the function under paragraph 9(3)(b); |
| |
(b) | the function under paragraph 10(2), so far as relating to executive |
| |
| 40 |
(c) | the function under paragraph 12; |
| |
(d) | the function under paragraph 19. |
| |
|
| |
|