21

House of Commons

Monday 3rd December 2007

Consideration of Bill

Child Maintenance and Other Payments Bill, As Amended

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New Clauses

Registered Maintenance Agreements: Scotland

Mr Secretary Hain

NC2

To move the following Clause:—

‘(1)	In section 4(10) of the Child Support Act 1991 (c. 48) (exclusion of application

for maintenance calculation), after paragraph (aa) insert—

“(ab)

a maintenance agreement—

(i)	made on or after the date prescribed for the purposes of

paragraph (a); and

(ii)	registered for execution in the Books of Council and

Session or the sheriff court books,

is in force in respect of them, but has been so for less than the

period of one year beginning with the date on which it was made;

or”.

(2)	In section 7(10) of that Act (exclusion of application by child in Scotland for

maintenance calculation), at the end of paragraph (b) insert “; or

(c)	a maintenance agreement—

(i)	made on or after the date prescribed for the purposes of

paragraph (a); and

(ii)	registered for execution in the Books of Council and

Session or the sheriff court books,

is in force in respect of them, but has been so for less than the

period of one year beginning with the date on which it was

made.”

(3)	In section 9(3) of that Act (agreements about maintenance), after “4(10)(a)” insert

“and (ab)”.’.

Consideration of Bill: 3rd December 2007

22

Child Maintenance and Other Payments Bill, continued

Offence of failing to notify change of address

Mr Secretary Hain

NC1

To move the following Clause:—

‘(1)	In section 14A of the Child Support Act 1991 (Information — offences), after

subsection (3) insert—

“(3A)

In the case of regulations under section 14 which require a person liable

to make payments of child support maintenance to notify a change of

address, a person who fails to comply with the requirement is guilty of an

offence.”

(2)	In that section, in subsection (4), after “subsection (3)” insert “or (3A)”.’.

Objectives of the Commission

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

NC3

To move the following Clause:—

‘(1)	The Commission shall have the following objectives—

(a)	to seek to ensure that every child who is living apart from one or both

parents continues to share in the income and prosperity of both parents

throughout their childhood, through the establishment of effective

maintenance arrangements;

(b)	to enforce liabilities incurred pursuant to the Child Support Act 1991

(c. 48), whether or not a current liability for a child exists.

(2)	In promoting the establishment of effective maintenance arrangements for a child

under subsection (1)(a) the Commission shall—

(a)	encourage and support the making and keeping by parents of appropriate

voluntary arrangements for their children;

(b)	support the making of applications for child support under the Child

Support Act 1991 and secure continuing compliance, when appropriate,

with parental obligations under that Act.

(3)	The Commission shall aim to pursue, and to have regard to, its objectives when

exercising a function that is relevant to them.’.

Consideration of Bill: 3rd December 2007

23

Child Maintenance and Other Payments Bill, continued

Pleural plaques

Mr Michael Clapham

Jim Sheridan

Mr David Hamilton

Harry Cohen

Danny Alexander

Paul Rowen

Total signatories: 9

NC4

To move the following Clause:—

‘A claim for a payment under Part 4 may be made by—

(a)	a person with asbestos-induced pleural plaques, or

(b)	a dependent of a person who immediately before death was aware that

they had asbestos-induced pleural plaques.’.

Responsibilities of non-resident parent

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

nc5

To move the following Clause:—

‘In section 1 of the Child Support Act 1991 (c. 48) (the duty to maintain), for

subsection (2) substitute—

“(2)	For the purposes of this Act, a non-resident parent shall be taken to have

met his responsibility to maintain any qualifying child of his—

(a)	by paying a calculation in accordance with the provisions of this

Act; or

(b)	by making payments in accordance with an order set out in

subsection (2A) in the circumstances set out in subsection (2B).

(2A)	The order referred to in subsection (2)(b) shall be an order (“the Order”)

for periodical payments to the child made under section 23(1)(d) of the

Matrimonial Causes Act 1973 (c. 18) or paragraph 1(2)(a) or (b) of

Schedule 1 of the Children Act 1989 (c. 41).

(2B)	The circumstances referred to in paragraph 2(b) are—

(a)	that simultaneously with the Order the court makes an order

under—

(i)	section 23(1)(a),(b),(c), or section 24 of the Matrimonial

Causes Act 1973, or

(ii)	paragraph 1(2)(c),(d) or (e) of Schedule 1 of the

Children Act 1989 (lump sum payments or transfer of

property orders etc); or

(b)	the order is a variation of an order originally made when one or

more such orders were made.

Consideration of Bill: 3rd December 2007

24

Child Maintenance and Other Payments Bill, continued

(2C)	Where the court makes an order of the type listed at subsection (2A) and

the conditions of subsection (2B) are met, any calculation under this Act

shall be discharged and, during the currency of the Order, the Secretary

of State shall not exercise his powers to make a calculation under section

4 of this Act.”’.

Contact addresses

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

nc6

To move the following Clause:—

‘Non-resident parents who are required to make maintenance payments under the

Child Support Act 1991 or this Act must take reasonable steps to provide an

address at which they can be contacted by the Commission.’.

Approval of Operational Plan

Danny Alexander

Paul Rowen

nc7

To move the following Clause:—

‘(1)	The Commission must—

(a)	prepare an Operational Plan to establish how it will meet its objectives

under section 2 of this Act and;

(b)	publish the Plan in such manner as the Commission considers

appropriate.

(2)	The Secretary of State must lay before Parliament a copy of the Operational Plan

published under this section.

(3)	The Operational Plan shall not have effect unless, within three months of the date

on which it is laid before Parliament, a motion has been made in each House

considering the Plan.

(4)	The Secretary of State may by regulations determine the categories of

information to be included in the Operational Plan.

(5)	Regulations made under subsection (4) may include details of staffing levels the

Commission considers it appropriate to maintain in order for it to fulfil its

functions.’.

Consideration of Bill: 3rd December 2007

25

Child Maintenance and Other Payments Bill, continued

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

12

Page  1,  line  7,  leave out Clause 2.

Danny Alexander

Paul Rowen

17

Page  1,  line  10  [Clause  2],  leave out subsection (1) and insert—

‘(1)	The Commission’s main objectives are—

(a)	to maximise the number of those children who live apart from one or both

of those parents for whom effective maintenance arrangements are in

place;

(b)	to secure the payment of any arrears of child support maintenance

including sums owed pursuant to the Child Support Act 1991 (c. 48) prior

to the establishment of the Commission.’.

Danny Alexander

Paul Rowen

18

Page  2,  line  29  [Clause  6],  at end insert—

‘(a)	The Secretary of State may only make regulations under subsection (1)

when he is satisfied that the Commission is providing a satisfactory

service to parents and children in terms of its duties under this Act.

(b)	In subsection (1)(a), the provision by the Commission of “satisfactory

service” shall be assessed by an appropriate body to be determined by the

Secretary of State by regulations.’.

Mr Secretary Hain

2

Page  3,  line  6  [Clause  6],  leave out subsection (6) and insert—

‘(6)	Subsections (3) to (5), (7) and (8) of section 20 of the Child Support Act 1991

(c. 48) (appeals to appeal tribunals) apply to appeals under regulations under

subsection (5) as they apply to appeals under that section.’.

Mr Secretary Hain

3

Page  5,  line  14  [Clause  10],  at end insert—

‘(5)	The Secretary of State must lay before Parliament a copy of any direction given

under subsection (1)(b).

Consideration of Bill: 3rd December 2007

26

Child Maintenance and Other Payments Bill, continued

(6)	The Secretary of State may exclude from what is laid before Parliament—

(a)	any information which the Secretary of State considers to be against the

commercial interests of any person;

(b)	any information which relates to an individual who can be identified from

that information.’.

Mr Mike Weir

Danny Alexander

Paul Rowen

1

Page  7,  line  26  [Clause  15],  at end add—

‘(2)	In section 4 of the Child Support Act 1991 (child support maintenance) for

subsection (10) substitute—

“In the event that the parent with care and the non-resident parent have

entered into a binding Minute of Agreement and—

(a)	each party has received independent legal advice prior to signing

the said Minute of Agreement;

(b)	the agreement contains within it provisions for the maintenance

of any children whether by regular payments, transfers of capital

or a combination of the two;

(c)	there is provision to reconsider any regular payments in the event

of a material change of circumstances; and

(d)	there is provision within the agreement for enforcement in the

event that either party fails to adhere to the provisions of the

agreement,

no application may be made to the commission with respect to a

qualifying child or qualifying children specified in the agreement.”’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

13

Page  7,  line  26  [Clause  15],  at end add—

‘(2)	In section 4 of the Child Support Act 1991 (child support maintenance), for

subsection (10) substitute—

“No application may be made at any time under this section with respect

to a qualifying child or any qualifying children if there is in force a

maintenance order in respect of that child or those children and the

person who is, at that time, the non-resident parent.”’.

Consideration of Bill: 3rd December 2007

27

Child Maintenance and Other Payments Bill, continued

Danny Alexander

Paul Rowen

22

Page  8,  line  2  [Clause  17],  at end insert—

‘(aa)

make provision to include that where there is a change in circumstances

of the non-resident parent, the Commission shall review maintenance

arrangements if the gross income of the non-resident parent increased by

greater than 25 per cent. or decreased by greater than 10 per cent. from

the gross income figure fixed by the calculation currently in force;

(ab)	make provision for the supersession in circumstances in which updated

income information is provided to the Commission and the maintenance

calculation currently in force has been calculated using historic tax year

information held by Her Majesty’s Revenue and Customs.’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

23

Page  9,  line  32  [Clause  21],  after ‘current’, insert ‘or deposit’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

24

Page  10,  line  10  [Clause  21],  after ‘current’, insert ‘or deposit’.

Andrew Selous

Mr Mark Harper

Mr Stewart Jackson

25

Page  11,  line  5  [Clause  21],  after ‘current’, insert ‘or deposit’.

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Revised 3 December 2007