House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

LORDS amendments to the
Child Maintenance and Other Payments Bill
[The page and line references are to HL Bill 12, the bill as first printed for the Lords.]
Clause 9
1
Page 4, line 35, leave out “section” and insert “sections 7(1) and”
After Clause 10
2
Insert the following new Clause—

“Review of the status of the Commission

(1)
The Secretary of State must review the status of the Commission as a

Crown body.

(2)
The review under subsection (1) must be conducted as soon as reasonably

practicable after the end of the initial period.

(3)
The Secretary of State may review the status of the Commission as a Crown

body at any other time after the end of the initial period, if the Secretary of

State considers it appropriate to do so.

(4)
The Secretary of State must prepare a report of any review under

subsection (1) or (3).

(5)
The Secretary of State must lay before Parliament a copy of the report.

(6)
If, on a review under this section, it appears to the Secretary of State

appropriate to do so, the Secretary of State may by order made by statutory

instrument provide that the Commission is to cease to be a Crown body.

(7)
An order under subsection (6) may—

(a)
make any amendment to Schedule 1 that appears to the Secretary of

State to be necessary or expedient in consequence of the

Commission ceasing to be a Crown body;

(b)
provide for the Transfer of Undertakings (Protection of

Employment) Regulations 2006 (S.I. 2006/246) to apply, subject to

Bill 116 54/3

2

such modifications and exceptions as may be prescribed, as if, on

the Commission ceasing to be a Crown body, there were a transfer

of an undertaking or business which is a relevant transfer.

(8)
In this section—

“Crown body” means a body whose functions are to be exercised on

behalf of the Crown;

“initial period” means the period of 3 years beginning with the day on

which section 12 comes into force.”
Clause 13
3
Leave out Clause 13
Clause 14
4
Page 6, line 39, leave out subsection (2)
5
Page 6, line 42, leave out “transfer scheme” and insert “scheme under subsection

(1) (“a transfer scheme”)”
After Clause 17
6
Insert the following new Clause—

“Determination of applications for a variation

(1)
Section 28D of the Child Support Act 1991 (c. 48) is amended as follows.

(2)
After subsection (2) insert—

“(2A)
Subsection (2B) applies if—

(a)
the application for a variation is made by the person with

care or (in the case of an application for a maintenance

calculation under section 7) the person with care or the child

concerned, and

(b)
it appears to the Commission that consideration of further

information or evidence may affect its decision under

subsection (1)(a) whether or not to agree to a variation.

(2B)
Before making the decision under subsection (1)(a) the Commission

must—

(a)
consider any such further information or evidence that is

available to it, and

(b)
where necessary, take such steps as the Commission

considers appropriate to obtain any such further

information or evidence.”

(3)
In subsection (3), after “duties” insert “, apart from the duty under

subsection (2B)”.”
Clause 21
7
Page 9, line 34, leave out “a current” and insert “an”
8
Page 9, leave out lines 35 to 37

3
9
Page 10, line 11, at end insert—

“(3A)
An order under this section—

(a)
may not be made in respect of an account of a prescribed

description; and

(b)
may be made in respect of a joint account which is held by the

person against whom the order is made and one or more other

persons, and which is not of a description prescribed under

paragraph (a), if (but only if) regulations made by the Secretary of

State so provide.”
10
Page 10, line 13, leave out “current”
11
Page 10, line 20, leave out “account-holder in the”
12
Page 10, line 25, at end insert “; and

( )
if the order is made in respect of a joint account, the other account-

holders.”
13
Page 10, line 38, at end insert—

“32AA
Orders under section 32A: joint accounts

(1)
Before making an order under section 32A in respect of a joint account the

Commission shall offer each of the account-holders an opportunity to make

representations about—

(a)
the proposal to make the order; and

(b)
the amounts to be deducted under the order, if it is made.

(2)
The amounts to be deducted from a joint account under such an order shall

not exceed the amounts that appear to the Commission to be fair in all the

circumstances.

(3)
In determining those amounts the Commission shall have particular regard

to—

(a)
any representations made in accordance with subsection (1)(b);

(b)
the amount contributed to the account by each of the account-

holders; and

(c)
such other matters as may be prescribed.”
14
Page 11, line 6, leave out “a person’s credit in a current” and insert “the credit of

an”
15
Page 11, line 11, leave out from “deposit-taker” to end of line 13 and insert “at

which an order is directed to deduct from the amount standing to the credit of the

account specified in the order a prescribed amount towards its administrative

costs before making any deduction required by section 32A(5)(a);”
16
Page 11, line 15, after “made” insert “(and, in the case of an order made in respect

of a joint account, to the other account-holders)”
17
Page 11, line 32, leave out from “which” to “order” in line 33 and insert “the

deposit-taker at which an order is directed, the person against whom the order is

made and (in the case of an order made in respect of a joint account) the other

account-holders may apply to the Commission for it to review the”
18
Page 11, line 48, leave out “current”
19
Page 11, line 50, leave out “current”

4
20
Page 12, line 1, leave out “may” and insert “shall”
21
Page 12, line 2, leave out “magistrates’ court (or, in Scotland, to the sheriff)” and

insert “court”
22
Page 12, line 8, leave out “or (as the case may be) the sheriff”
23
Page 12, line 13, leave out from “of” to end of line 15 and insert “the court to which

the appeal under the regulations lies”
Clause 22
24
Page 12, leave out lines 32 to 45 and insert—

“(1)
The Commission may make an order under this section if it appears to the

Commission that a person (referred to in this section and sections 32E to

32G as “the liable person”) has failed to pay an amount of child support

maintenance and—

(a)
an amount stands to the credit of an account held by the liable

person with a deposit-taker; or

(b)
an amount not within paragraph (a) that is of a prescribed

description is due or accruing to the liable person from another

person (referred to in this section and sections 32E to 32G as the

“third party”).

(1A)
An order under this section—

(a)
may not be made by virtue of subsection (1)(a) in respect of an

account of a prescribed description; and

(b)
may be made by virtue of subsection (1)(a) in respect of a joint

account which is held by the liable person and one or more other

persons, and which is not of a description prescribed under

paragraph (a) of this subsection, if (but only if) regulations made by

the Secretary of State so provide.

(1B)
The Secretary of State may by regulations make provision as to conditions

that are to be disregarded in determining whether an amount is due or

accruing to the liable person for the purposes of subsection (1)(b).”
25
Page 13, line 2, after “the” insert “deposit-taker or”
26
Page 13, line 2, at end insert—

“( )
if made by virtue of subsection (1)(a), shall specify the account in

respect of which it is made; and”
27
Page 13, line 5, leave out from “32E” to end of line 17
28
Page 13, line 28, after “the” insert “deposit-taker or”
29
Page 13, line 29, at end insert “; and

( )
if the order is made in respect of a joint account, the other account-

holders.”
30
Page 13, line 31, after “the” insert “deposit-taker or”
31
Page 13, line 39, after “the” insert “deposit-taker or”
32
Page 14, line 9, after first “the” insert “deposit-taker or”
33
Page 14, line 10, after “directed;” insert—

5

“( )
if the interim order was made by virtue of section 32D(1)(a), shall

specify the account specified in the interim order;”
34
Page 14, line 13, after “specified” insert—

“( )
”
35
Page 14, line 15, at end insert “; and

( )
if the order is made in respect of a joint account, shall not exceed the

amount that appears to the Commission to be fair in all the

circumstances.

(3A)
In determining the amount to be specified in an order made in respect of a

joint account the Commission shall have particular regard—

(a)
to the amount contributed to the account by each of the account-

holders; and

(b)
to such other matters as may be prescribed.”
36
Page 14, line 26, after “the” insert “deposit-taker or”
37
Page 14, line 27, at end insert “; and

( )
if the order is made in respect of a joint account, the other account-

holders.”
38
Page 14, line 28, leave out from beginning to end of line 32 on page 15 and insert—

“32EA
Orders under sections 32D and 32E: freezing of accounts etc.

(1)
During the relevant period, an order under section 32D or 32E which

specifies an account held with a deposit-taker shall operate as an

instruction to the deposit-taker not to do anything that would reduce the

amount standing to the credit of the account below the amount specified in

the order (or, if already below that amount, that would further reduce it).

(2)
During the relevant period, any other order under section 32D or 32E shall

operate as an instruction to the third party at which it is directed not to do

anything that would reduce the amount due to the liable person below the

amount specified in the order (or, if already below that amount, that would

further reduce it).

(3)
Subsections (1) and (2) have effect subject to regulations made under

section 32EC(1).

(4)
In this section “the relevant period”, in relation to an order under section

32D, means the period during which the order is in force.

(5)
In this section and section 32EB “the relevant period”, in relation to an

order under section 32E, means the period which—

(a)
begins with the service of the order on the deposit-taker or third

party at which it is directed; and

(b)
(subject to subsection (6)) ends with the end of the period during

which an appeal can be brought against the order by virtue of

regulations under section 32G(6).

(6)
If an appeal is brought by virtue of the regulations, the relevant period ends

at the time at which—

(a)
proceedings on the appeal (including any proceedings on a further

appeal) have been concluded; and

6

(b)
any period during which a further appeal may ordinarily be

brought has ended.

(7)
References in this section and sections 32EB and 32G to the amount due to

the liable person are to be read as references to the total of any amounts

within section 32D(1)(b) that are due or accruing to the liable person from

the third party in question.

32EB
Orders under section 32E: deductions and payments

(1)
Once the relevant period has ended, an order under section 32E which

specifies an account held with a deposit-taker shall operate as an

instruction to the deposit-taker—

(a)
if the amount standing to the credit of the account is less than the

remaining amount, to pay to the Commission the amount standing

to the credit of the account; and

(b)
otherwise, to deduct from the account and pay to the Commission

the remaining amount.

(2)
If an amount of arrears specified in the order remains unpaid after any

payment required by subsection (1) has been made, the order shall operate

until the relevant time as an instruction to the deposit-taker—

(a)
to pay to the Commission any amount (not exceeding the remaining

amount) standing to the credit of the account specified in the order;

and

(b)
not to do anything else that would reduce the amount standing to

the credit of the account.

(3)
Once the relevant period has ended, any other order under section 32E

shall operate as an instruction to the third party at which it is directed—

(a)
if the amount due to the liable person is less than the remaining

amount, to pay to the Commission the amount due to the liable

person; and

(b)
otherwise, to deduct from the amount due to the liable person and

pay to the Commission the remaining amount.

(4)
If an amount of arrears specified in the order remains unpaid after any

payment required by subsection (3) has been made, the order shall operate

until the relevant time as an instruction to the third party—

(a)
to pay to the Commission any amount (not exceeding the remaining

amount) due to the liable person; and

(b)
not to do anything else that would reduce any amount due to the

liable person.

(5)
This section has effect subject to regulations made under sections 32EC(1)

and 32G(2)(c).

(6)
In this section—

“the relevant time” means the earliest of the following—

(a)
the time at which the remaining amount is paid;

(b)
the time at which the order lapses or is discharged; and

(c)
the time at which a prescribed event occurs or prescribed

circumstances arise;

“the remaining amount”, in relation to any time, means the amount of

arrears specified in the order under section 32E which remains

unpaid at that time.