|
| |
|
(b) | for “he” substitute “it”. |
| |
(3) | In subsection (5), for “Secretary of State” substitute “Commission”. |
| |
8 (1) | Section 11 (maintenance calculations) is amended as follows. |
| |
| |
(a) | for “Secretary of State “substitute “Commission”; |
| 5 |
(b) | for “him” substitute “it”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “he” substitute “it”. |
| |
| 10 |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “he” substitute “the Commission”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “he” substitute “the Commission”; |
| 15 |
(c) | for “him” substitute “the Commission”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “him” substitute “the Commission”. |
| |
| 20 |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “he” substitute “it”. |
| |
9 (1) | Section 12 (default and interim maintenance decisions) is amended as |
| |
| |
| 25 |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “him”, in the first place where it occurs, substitute “the |
| |
Commission” and, in the second place where it occurs, substitute |
| |
| |
(c) | for “he” (in both places where it occurs) substitute “it”. |
| 30 |
(3) | In subsection (2), for “Secretary of State” substitute “Commission”. |
| |
10 (1) | Section 14 (information required by Secretary of State) is amended as |
| |
| |
(2) | In the title, for “Secretary of State” substitute “Commission”. |
| |
(3) | In subsection (3), for “him” (in both places where it occurs) substitute “the |
| 35 |
| |
(4) | In subsection (4), for “Secretary of State” substitute “Commission”. |
| |
11 (1) | Section 15 (powers of inspectors) is amended as follows. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| 40 |
(b) | for “he” substitute “it”. |
| |
|
| |
|
| |
|
(3) | In subsection (2), for “Secretary of State” substitute “Commission”. |
| |
12 | In section 16 (revision of decisions)— |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| |
(b) | for “his” (in each place where it occurs) substitute “its”; |
| 5 |
(c) | for “he” (in each place where it occurs) substitute “it”; |
| |
(d) | for “him” substitute “it”. |
| |
13 | In section 17 (decisions superseding earlier decisions)— |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| 10 |
(b) | for “his” (in each place where it occurs) substitute “its”; |
| |
(c) | for “him” substitute “it”. |
| |
14 (1) | Section 20 (appeals to appeal tribunals) is amended as follows. |
| |
(2) | In subsections (1)(a) and (b), (2)(a)(i), (7)(b) and (8)(b), for “Secretary of State” |
| |
| 15 |
15 | In section 23A (redetermination of appeals), in subsection (4), before |
| |
| |
| |
16 (1) | Section 24 (appeal to Child Support Commissioner) is amended as follows. |
| |
(2) | For subsection (1) substitute— |
| 20 |
“(1) | Each of the following may appeal to a Child Support Commissioner |
| |
| |
| |
(b) | the Secretary of State, and |
| |
(c) | any person who is aggrieved by the decision of an appeal |
| 25 |
| |
(3) | In subsection (3)(c) and (d), before “the Secretary of State” insert “the |
| |
| |
| |
(a) | before “the Secretary of State” insert “the Commission or”; |
| 30 |
(b) | for “to an officer of his, or a person providing him with services,” |
| |
substitute “to an officer of, or a person providing services to, the |
| |
Commission or the Secretary of State,”. |
| |
(5) | In subsection (8), before “the Secretary of State” (in both places where it |
| |
occurs) insert “the Commission or”. |
| 35 |
17 | In section 25 (appeal from Child Support Commissioner on question of law), |
| |
in subsection (3), after paragraph (a) insert— |
| |
| |
18 | In section 26 (disputes about parentage), for “Secretary of State” (in each |
| |
place where it occurs) substitute “Commission”. |
| 40 |
19 | In section 27 (applications for declaration of parentage) for “Secretary of |
| |
State” (in each place where it occurs) substitute “Commission”. |
| |
20 | In section 27A (recovery of fees for scientific tests)— |
| |
|
| |
|
| |
|
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| |
(b) | for “him” (in each place where it occurs) substitute “it”. |
| |
21 | In section 28 (power to initiate or defend actions of declarator), for |
| |
“Secretary of State” (in each place where it occurs, including the title) |
| 5 |
| |
22 | In section 28ZA (decisions involving issues that arise on appeal in other |
| |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| 10 |
(b) | for “he” (in each place where it occurs) substitute “it”; |
| |
(c) | for “his” substitute “its”. |
| |
23 | In section 28ZB (appeals involving issues that arise on appeal in other |
| |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| 15 |
| |
(b) | for “he” (in both places where it occurs) substitute “the |
| |
| |
(c) | for “him” substitute “the Commission”; |
| |
(d) | for “his” substitute “its”. |
| 20 |
24 | In section 28ZC (restrictions on liability in certain cases of error), for |
| |
“Secretary of State” (in each place where it occurs) substitute “Commission”. |
| |
25 | In section 28A (application for variation of usual rules for calculating |
| |
maintenance), for “Secretary of State” (in each place where it occurs) |
| |
| 25 |
26 (1) | Section 28B (preliminary consideration of applications) is amended as |
| |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “he” substitute “it”. |
| 30 |
| |
(a) | for “he” (in the first place where it occurs) substitute “the |
| |
| |
(b) | for “he” (in each other place where it occurs) substitute “it”; |
| |
(c) | for “his” (in both places where it occurs) substitute “its”; |
| 35 |
(d) | for “him” substitute “the Commission”. |
| |
27 | In section 28C (imposition of regular payments condition), in subsections (1) |
| |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| 40 |
(b) | for “he” (in each place where it occurs) substitute “it”; |
| |
(c) | for “his” (in each place where it occurs) substitute “its”. |
| |
28 | In section 28D (determination of applications)— |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| 45 |
|
| |
|
| |
|
(b) | for “he” substitute “it”. |
| |
29 | In section 28E (matters to be taken into account)— |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| |
(b) | for “him” substitute “it”. |
| 5 |
30 | In section 28F (agreement to variation)— |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| |
(b) | for “he” (in each place where it occurs) substitute “it”; |
| |
(c) | for “his” (in each place where it occurs) substitute “its”. |
| 10 |
31 | In section 28J (voluntary payments), in subsections (1), (2) and (4)— |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| |
(b) | for “he” (in each place where it occurs) substitute “it”. |
| |
32 (1) | Section 29 (collection of child support maintenance) is amended as follows. |
| 15 |
| |
(a) | for “Secretary of State” (in both places where it occurs) substitute |
| |
| |
(b) | in paragraph (b), for “him” substitute “it”. |
| |
(3) | In subsection (3), for “Secretary of State” (in each place where it occurs) |
| 20 |
| |
33 (1) | Section 30 (collection and enforcement of other forms of maintenance) is |
| |
| |
(2) | In subsections (1), (2) and (3)— |
| |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| 25 |
| |
(b) | for “he” (in each place where it occurs) substitute “it”. |
| |
| |
(a) | for “him” substitute “the Commission”; |
| |
(b) | for “he” (in the second place where it occurs) substitute “it”. |
| 30 |
| |
(a) | for “him” (in both places where it occurs) substitute “the |
| |
| |
(b) | for “he” (in the first place where it occurs) substitute “it”. |
| |
34 | In section 31 (deduction from earnings orders)— |
| 35 |
(a) | for “Secretary of State” (in each place where it occurs) substitute |
| |
| |
(b) | in subsection (6), for “he” substitute “it”. |
| |
35 | In section 32 (regulations about deduction from earnings orders), in |
| |
subsections (2) and (3), for “Secretary of State” (in each place where it occurs) |
| 40 |
| |
36 | In section 33 (liability orders), for “Secretary of State” (in each place where it |
| |
occurs) substitute “Commission”. |
| |
|
| |
|
| |
|
37 | In section 34 (regulations about liability orders), in subsections (1)(a) and (c) |
| |
and (2), for “Secretary of State” substitute “Commission”. |
| |
38 (1) | Section 35 (enforcement of liability orders by distress) is amended as |
| |
| |
(2) | In subsection (1), for “Secretary of State” substitute “Commission”. |
| 5 |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “his” substitute “its”. |
| |
39 | In section 37 (regulations about liability orders), in subsection (2), for |
| |
“Secretary of State” (in the second place where it occurs) substitute |
| 10 |
| |
40 | In section 38 (enforcement of liability orders by diligence), subsection (1) is |
| |
| |
(a) | in paragraph (a), for “Secretary of State” substitute “Commission”; |
| |
(b) | in paragraph (aa) (inserted by paragraph 18(a)(i) of schedule 5 to the |
| 15 |
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)), for |
| |
“Secretary of State” substitute “Commission”; |
| |
(c) | in the words at the end, the reference to the Secretary of State (in |
| |
effect repealed by paragraph 18(a)(ii) of that schedule) has effect |
| |
until the coming into force of that paragraph as a reference to the |
| 20 |
| |
41 | In section 39A (commitment to prison and disqualification from driving)— |
| |
(a) | for “Secretary of State” (in both places where it occurs) substitute |
| |
| |
(b) | in subsections (1) and (4), for “he” substitute “it”. |
| 25 |
42 (1) | Section 40B (disqualification from driving) is amended as follows. |
| |
(2) | In subsections (5) to (8), for “Secretary of State” (in each place where it |
| |
occurs) substitute “Commission”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| 30 |
(b) | for “he” substitute “it”. |
| |
43 (1) | Section 41 (arrears of child support maintenance) is amended as follows. |
| |
(2) | In subsection (1), for “Secretary of State” substitute “Commission”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| 35 |
(b) | for “he” (in both places where it occurs) substitute “it”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “him” substitute “it”. |
| |
44 (1) | Section 41A (penalty payments) is amended as follows. |
| 40 |
(2) | In subsection (1), for “him” substitute “the Commission”. |
| |
(3) | In subsections (2) and (4), for “Secretary of State” substitute “Commission”. |
| |
|
| |
|
| |
|
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “he” substitute “it”. |
| |
45 (1) | Section 41B (repayment of overpaid child support maintenance) is amended |
| |
| 5 |
(2) | In subsection (1), for “Secretary of State” substitute “Commission”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “him” substitute “it”. |
| |
(4) | In subsection (2), for “Secretary of State” (in both places where it occurs) |
| 10 |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “he” substitute “it”; |
| |
(c) | for “him” substitute “it”. |
| 15 |
(6) | In subsections (4), (5) and (6)(a), for “Secretary of State” substitute |
| |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| |
(b) | for “him” substitute “it”. |
| 20 |
46 | In section 44 (jurisdiction), in subsection (1), for “Secretary of State” |
| |
| |
47 | In section 46 (reduced benefit decisions), in subsection (3)(a), for “Secretary |
| |
of State” substitute “Commission”. |
| |
48 | In section 46A (finality of decisions), in subsection (1), after “decision of” |
| 25 |
insert “the Commission,”. |
| |
49 | In section 46B (matters arising as respects decisions), in subsection (1)(a), for |
| |
“Secretary of State” substitute “Commission”. |
| |
50 | In section 48 (right of audience), in subsection (1), for “Secretary of State” (in |
| |
both places where it occurs) substitute “Commission”. |
| 30 |
51 | After section 50 insert— |
| |
| |
Any decision falling to be made under or by virtue of this Act by the |
| |
Commission may be made, not only by a person authorised to |
| |
exercise the Commission’s decision-making function, but also by a |
| 35 |
computer for whose operation such a person is responsible.” |
| |
52 (1) | Schedule 1 (maintenance calculations) is amended as follows. |
| |
(2) | In paragraph 7(3), for “Secretary of State” substitute “Commission”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| 40 |
(b) | for “his” substitute “its”. |
| |
|
| |
|
| |
|
(4) | In paragraph 10B(a), for “Secretary of State” (in both places where it occurs) |
| |
| |
(5) | In paragraphs 12 and 13, for “Secretary of State” substitute “Commission”. |
| |
| |
(a) | for “Secretary of State” substitute “Commission”; |
| 5 |
(b) | for “he” substitute “it”. |
| |
(7) | In paragraph 16(10), for “Secretary of State” (in both places where it occurs) |
| |
| |
53 | In paragraph 4 of Schedule 4A, for “Secretary of State” (in both places where |
| |
it occurs) substitute “Commission”. |
| 10 |
Social Security Act 1998 (c.14) |
| |
54 | In paragraph 10 of Schedule 1 to the Social Security Act 1998 (c. 14) (report |
| |
on the standards achieved in the making of decisions against which an |
| |
appeal lies to an appeal tribunal), after “Secretary of State” (in the first and |
| |
second places where it occurs) insert “and the Child Maintenance and |
| 15 |
| |
| |
Transitional provision and savings |
| |
| |
(a) | relates to any function transferred to the Commission by virtue of |
| 20 |
| |
(b) | immediately before commencement, is in the process of being done |
| |
by or in relation to the Secretary of State, |
| |
| may be continued by or in relation to the Commission. |
| |
(2) | Anything done (or having effect as if done) by or in relation to the Secretary |
| 25 |
of State before commencement for the purpose of, or in connection with, any |
| |
function transferred by virtue of section 12 shall, so far as is required for |
| |
continuing its effect after that time, have effect as if done by or in relation to |
| |
| |
(3) | Any enactment, instrument or other document has effect, so far as necessary |
| 30 |
for the purposes of or in consequence of the transfer effected by section 12, |
| |
as if any reference to the Secretary of State were a reference to the |
| |
| |
(4) | Nothing in section 12, this Schedule or Schedule 2 shall— |
| |
(a) | affect the validity of anything done by or in relation to the Secretary |
| 35 |
of State before commencement; |
| |
(b) | affect the responsibility of the Secretary of State for anything done or |
| |
omitted before commencement; |
| |
(c) | enable legal proceedings relating to anything done or omitted before |
| |
commencement to be brought, or continued, against the |
| 40 |
| |
(5) | In this paragraph, “commencement” means the coming into force of section |
| |
| |
|
| |
|