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
Schedule 7 — Minor and consequential amendments
70

section” substitute “for the collection of which he is authorised under this
section to make arrangements”.
      (8)
In section 32(2)(i) (regulations about deduction from earnings orders), for
“the liable person is in the employment” substitute “any earnings are paid to
the liable person by or on behalf”.
5
      (9)
In section 32(7) (regulations about appeals), after “include” insert “—
(a)
provision with respect to the period within which a right of
appeal under the regulations may be exercised;
(b)
”.
     (10)
In section 36(1) (enforcement in county courts), for “garnishee proceedings”
10
substitute “a third party debt order”.
     (11)
For section 39 substitute—
“39
Enforcement in Great Britain of Northern Ireland liability orders
The Secretary of State may by regulations make provision for the
enforcement in England and Wales and Scotland of any order made
15
in Northern Ireland under provision corresponding to section 32I or
the repealed section 33.”
     (12)
In section 40 (commitment to prison), in subsection (4)(a)(i) of that section,
for “mentioned in section 35(1)” substitute “sought to be recovered as
mentioned in subsection (2A)(a)”.
20
     (13)
In section 40A (commitment to prison: Scotland), for subsection (2)(a)(i)
substitute—
“(i)
the amount sought to be recovered as mentioned in
subsection (A1)(a), or so much of it as remains
outstanding;”.
25
     (14)
In that section, in subsection (6), the words from “for” to the end become
paragraph (a), and after that paragraph insert—
“(b)
that a statement in writing to the effect that wages of any
amount have been paid to the liable person during any
period, purporting to be signed by or on behalf of the liable
30
person’s employer, shall be sufficient evidence of the facts
stated.”
     (15)
In section 40B (disqualification for driving), in subsection (3)—
(a)
in paragraph (a), for “mentioned in section 35(1)” substitute “sought
to be recovered as mentioned in subsection (A1)(a)”;
35
(b)
in paragraph (b), for “section 39A” substitute “this section”.
     (16)
In subsection (7) of that section, for “section 39A” substitute “this section”.
     (17)
In subsection (12) of that section (modifications for Scotland), for the
subsection (11) substituted by paragraph (d) substitute—
“(11)
In relation to disqualification orders—
40
(a)
the Secretary of State may by regulations make provision that
a statement in writing to the effect that wages of any amount
have been paid to the liable person during any period,
purporting to be signed by or on behalf of the liable person’s
employer, shall be sufficient evidence of the facts stated; and
45

Child Maintenance and Other Payments Bill
Schedule 7 — Minor and consequential amendments
71

(b)
the power of the Court of Session by Act of Sederunt to
regulate the procedure and practice in civil proceedings in
the sheriff court shall include power to make provision
corresponding to that which may be made by virtue of
section 40A(8).”
5
     (18)
At the end of that section, insert—
“(13)
In this section—
“court” means—
(a)
in England and Wales, a magistrates’ court;
(b)
in Scotland, the sheriff;
10
“driving licence” means a licence to drive a motor vehicle
granted under Part 3 of the Road Traffic Act 1988.”
     (19)
In section 50 (unauthorised disclosure of information), in subsection (1)
(offence of unauthorised disclosure), for “this section” substitute “this
subsection”.
15
     (20)
In that section, after subsection (1) insert—
“(1A)
Subsection (1) applies to employment as—
(a)
any clerk to, or other officer of, an appeal tribunal;
(b)
any member of the staff of an appeal tribunal;
(c)
a civil servant in connection with the carrying out of any
20
functions under this Act;
(d)
any member of, or of the staff of, the Commission;
(e)
any person who provides, or is employed in the provision of,
services to the Commission,

and to employment of any other kind which is prescribed for the
25
purposes of this subsection.
(1B)
Any person who is, or has been, employed in employment to which
this subsection applies is guilty of an offence if, without lawful
authority, he discloses any information which—
(a)
was acquired by him in the course of that employment;
30
(b)
is information which is, or is derived from, information
acquired or held for the purposes of this Act; and
(c)
relates to a particular person.
(1C)
Subsection (1B) applies to any employment which—
(a)
is not employment to which subsection (1) applies, and
35
(b)
is of a kind prescribed for the purposes of this subsection.”
     (21)
In that section, in subsection (7) (definition of “responsible person”)—
(a)
at the end of paragraph (b) insert—
“(ba)
the person appointed to chair the Commission;”;
(b)
for paragraph (c) substitute—
40
“(c)
any person authorised for the purposes of this
subsection by the Lord Chancellor, the Secretary of
State or the person appointed to chair the
Commission;”.
     (22)
In section 52 (regulations and orders), in subsection (2)(a) (regulations
45
subject to affirmative resolution procedure)—

Child Maintenance and Other Payments Bill
Schedule 7 — Minor and consequential amendments
72

(a)
after “30(5A),” insert “32D(2)(b),”;
(b)
after “41B(6),” insert “41E(1)(a),”.
     (23)
In that section, for subsection (2A) substitute—
“(2A)
No statutory instrument containing (whether alone or with other
provisions)—
5
(a)
the first regulations under section 17(2) to make provision of
the kind mentioned in section 17(3)(a) or (b),
(b)
the first regulations under section 39D(3), 39E(3), 39I, 39R,
39S, 41D(2), 41E(2) or 49A,
(c)
the first regulations under paragraph 5A(6)(b) of Schedule 1,
10
(d)
the first regulations under paragraph 9(1)(ba) of Schedule 1
to make provision of the kind mentioned in sub-paragraph
(2) of that paragraph, or
(e)
the first regulations under paragraph 10(1) of Schedule 1 to
make provision of the kind mentioned in sub-paragraph
15
(2)(a) or (b) of that paragraph,

shall be made unless a draft of the instrument has been laid before
Parliament and approved by a resolution of each House of
Parliament.”
     (24)
In section 54 (interpretation), the existing provision becomes subsection (1),
20
and in that subsection—
(a)
at the appropriate places insert—
““charging order” has the same meaning as in section 1
of the Charging Orders Act 1979;
“Commission” means the Child Maintenance and
25
Enforcement Commission;
“curfew order” has the meaning given in section 39J(1);
“deposit-taker” means a person who, in the course of a
business, may lawfully accept deposits in the United
Kingdom;”
30
(b)
in the definition of “liability order”, for “section 33(2)” substitute
“section 32I(2)”.
     (25)
In that section, after subsection (1) insert—
“(2)
The definition of “deposit-taker” in subsection (1) is to be read
with—
35
(a)
section 22 of the Financial Services and Markets Act 2000;
(b)
any relevant order under that section; and
(c)
Schedule 2 to that Act.”
     (26)
In section 57(4) (application to Crown), for “a liable person is in the
employment” substitute “any sums which are defined as earnings for the
40
purposes of sections 31 and 32 are paid to a liable person by or on behalf”.
     (27)
In Schedule 1 (maintenance calculations), in paragraph 5(b) (weekly rate of
child support maintenance to be nil if the non-resident parent has a weekly
income below £5), for “£5” substitute “£7”.
     (28)
In that Schedule, in paragraph 7 (reduction of basic and reduced rates for
45

Child Maintenance and Other Payments Bill
Schedule 7 — Minor and consequential amendments
73

shared care), for sub-paragraph (1) substitute—
    “(1)
This paragraph applies where the rate of child support
maintenance payable is the basic rate or a reduced rate or is
determined under paragraph 5A.”
     (29)
In that Schedule, in paragraph 10A(1)(b) (regulations about amounts set out
5
in Schedule 1), after “5,” insert “5A(2),”.
     (30)
In that Schedule, in paragraph 10C(1) (references to “qualifying children” to
be read as references to those qualifying children with respect to whom the
maintenance calculation falls to be made), at end insert “or with respect to
whom a maintenance calculation in respect of the non-resident parent has
10
effect”.
     (31)
In that Schedule, for paragraph 14 substitute—
“14
The Secretary of State may by regulations provide—
(a)
for two or more applications for maintenance calculations
to be treated, in prescribed circumstances, as a single
15
application; and
(b)
for the replacement in prescribed circumstances, of a
maintenance calculation made on the application of one
person by a later maintenance calculation made on the
application of that or any other person.”
20
     (32)
Schedule 2 (provision of information to Secretary of State) ceases to have
effect.
     (33)
In the Act as it has effect apart from the Child Support, Pensions and Social
Security Act 2000 (c. 19), the following (which relate to section 6 or 46) are
repealed—
25
(a)
sections 11(1A) to (1C), 41(4)(c) and (d) and 41A(5)(c) and (d);
(b)
paragraph 16(3) and (4A)(b) of Schedule 1;
(c)
in Schedule 4C—
(i)
in paragraphs 1(a) and 2(1)(a), the words “, a reduced benefit
direction”;
30
(ii)
in paragraph 3, in sub-paragraph (1)(b), sub-paragraph (i)
and the word “or” at the end of it, and sub-paragraph (3);
(iii)
in paragraphs 4(1)(a)(i) and 6(1)(b)(ii) and (iii), the words “, a
reduced benefit direction”.
Social Security Administration Act 1992 (c. 5)
35
2     (1)
The Social Security Administration Act 1992 is amended as follows.
      (2)
In section 108 (certain maintenance orders to be enforceable by the Secretary
of State), for subsection (8) substitute—
“(8)
In this section “maintenance order”—
(a)
in England and Wales, means—
40
(i)
any order for the making of periodical payments
which is, or has at any time been, a maintenance order
within the meaning of the Attachment of Earnings
Act 1971;

Child Maintenance and Other Payments Bill
Schedule 7 — Minor and consequential amendments
74

(ii)
any order under Part 3 of the Matrimonial and Family
Proceedings Act 1984 (overseas divorce) for the
making of periodical payments;
(iii)
any order under Schedule 7 to the Civil Partnership
Act 2004 for the making of periodical payments;
5
(b)
in Scotland, means any order, except an order for the
payment of a lump sum, falling within the definition of
“maintenance order” in section 106 of the Debtors (Scotland)
Act 1987, but disregarding paragraph (h) (alimentary bond or
agreement).”
10
      (3)
In section 121E (supply of information held by Revenue and Customs to the
Secretary of State or the Northern Ireland Department for use for the
purposes of functions relating, inter alia, to child support), for subsection (2)
substitute—
“(2)
Information to which this section applies may, and subject to
15
subsection (2A), must if an authorised officer so requires, be
supplied—
(a)
to the Secretary of State, or
(b)
to a person providing services to the Secretary of State,

for use for the purposes of functions relating to social security, war
20
pensions or employment or training.
(2ZA)
Information to which this section applies may, and subject to
subsection (2A), must if an authorised officer so requires, be
supplied—
(a)
to the Northern Ireland Department, or
25
(b)
to a person providing services to that Department,

for use for the purposes of functions relating to social security, child
support, war pensions or employment or training.”
      (4)
In that section, in subsection (2A) (exclusion of power to require supply in
case of information for use for the purposes of functions relating to
30
employment or training), after “subsection (2)” insert “or (2ZA)”.
      (5)
In section 121F (supply to Revenue and Customs of information held by
Secretary of State or Northern Ireland Department, including information
held for the purposes of functions relating to child support), for subsection
(1) substitute—
35
“(1)
This section applies to information which is held for the purposes of
functions relating to social security, war pensions or employment or
training—
(a)
by the Secretary of State, or
(b)
by a person providing services to the Secretary of State, in
40
connection with the provision of those services.
(1A)
This section also applies to information which is held for the
purposes of functions relating to social security, child support, war
pensions or employment or training—
(a)
by the Northern Ireland Department, or
45
(b)
by a person providing services to that Department, in
connection with the provision of those services.”
      (6)
In section 122 (supply of information held by tax authorities for fraud

Child Maintenance and Other Payments Bill
Schedule 7 — Minor and consequential amendments
75

prevention and verification), in subsection (3) (prohibition of onward
supply by recipient, except in specified circumstances), at the end of
paragraph (c) insert “or
“(d)
it is supplied under paragraph 2 of Schedule 6 to the Child
Maintenance and Other Payments Act 2008;”.
5
Social Security Act 1998 (c. 14)
3     (1)
The Social Security Act 1998 is amended as follows.
      (2)
In section 3 (use of information held by the Secretary of State or the Northern
Ireland Department which relates to certain matters), in subsection (1A)
(which lists the matters concerned)—
10
(a)
in paragraph (a), the words “, child support” are omitted;
(b)
after that paragraph insert—
“(aa)
child support in Northern Ireland;”.
      (3)
In section 81 (duty of Secretary of State to report on the standards achieved
in the making of decisions from which an appeal lies to an appeal tribunal),
15
after subsection (1) insert—
“(1A)
In its application to decisions against which an appeal lies under the
Child Support Act 1991 or regulations made under section 6 of the
Child Maintenance and Other Payments Act 2008, subsection (1)
shall have effect as if the references to the Secretary of State were
20
references to the Child Maintenance and Enforcement Commission.”
Tax Credits Act 2002 (c. 21)
4     (1)
Schedule 5 to the Tax Credits Act 2002 (use and disclosure of information) is
amended as follows.
      (2)
In paragraph 4 (supply of information held by Revenue and Customs to the
25
Secretary of State or the Northern Ireland Department for use for the
purposes of functions relating, inter alia, to child support), for sub-
paragraphs (2) and (3) substitute—
    “(2)
Information to which this paragraph applies may be supplied—
(a)
to the Secretary of State, or
30
(b)
to a person providing services to the Secretary of State,

for use for the purposes of functions relating to social security or
war pensions or for such purposes relating to evaluation or
statistical studies as may be prescribed.
      (3)
An authorised officer may require information to which this
35
paragraph applies to be supplied—
(a)
to the Secretary of State, or
(b)
to a person providing services to the Secretary of State,

for use for the purposes of functions relating to social security.
     (3A)
Information to which this paragraph applies may be supplied—
40
(a)
to the Northern Ireland Department, or
(b)
to a person providing services to the Northern Ireland
Department,

Child Maintenance and Other Payments Bill
Schedule 7 — Minor and consequential amendments
76


for use for the purposes of functions relating to social security,
child support or war pensions or for such purposes relating to
evaluation or statistical studies as may be prescribed.
     (3B)
An authorised officer may require information to which this
paragraph applies to be supplied—
5
(a)
to the Northern Ireland Department, or
(b)
to a person providing services to the Northern Ireland
Department,

for use for the purposes of functions relating to social security or
child support.”
10
      (3)
In that paragraph, in sub-paragraph (4) (definition of “authorised officer”),
for “sub-paragraph (3)” substitute “sub-paragraphs (3) and (3B)”.
      (4)
In paragraph 6 (supply to Revenue and Customs of information held by
Secretary of State or Northern Ireland Department for the purposes of
functions including child support), for sub-paragraph (1) substitute—
15
    “(1)
This paragraph applies to information which is held for the
purposes of functions relating to social security, war pensions or
employment or training—
(a)
by the Secretary of State, or
(b)
by a person providing services to the Secretary of State, in
20
connection with the provision of those services.
     (1A)
This paragraph also applies to information which is held for the
purposes of functions relating to social security, child support,
war pensions or employment or training—
(a)
by the Northern Ireland Department or the Department for
25
Employment and Learning in Northern Ireland, or
(b)
by a person providing services to either of those
Departments, in connection with the provision of those
services.”
Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
30
5
In section 10(5) of the Debt Arrangement and Attachment (Scotland) Act
2002 (which defines certain terms used in section 10), in the definition of
“decree”, in paragraph (i), for “section 33(2)” substitute “section 32I(2)”.
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)
6
In section 221 of the Bankruptcy and Diligence etc. (Scotland) Act 2007
35
(interpretation), in the definition of “decree”, in paragraph (i), for “section
33(2)” substitute “section 32I(2)”.