House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

11
74
Page 22, line 28, leave out “Commission” and insert “court”
75
Page 22, line 29, after first “by” insert “the Commission or”
76
Page 22, leave out lines 34 to 37
77
Page 22, line 39, leave out “Commission” and insert “court”
78
Page 22, line 40, after first “by” insert “the Commission or”
79
Page 22, line 41, at end insert—

“(4)
The Commission may make representations to the court as to the amount

which should be paid before it would be appropriate to make an order

under subsection (1) revoking an order under section 39B, and the person

against whom the order was made may reply to those representations.

(5)
The court may exercise the powers conferred on it by subsection (1) or (3)

without the need for an application where money found on a search under

section 39F(1) is applied towards payment of the amount specified in the

order under section 39B.

(6)
Where a court makes an order under this section, it shall send notice of that

fact to the Commission; and the notice shall contain such particulars and be

sent in such manner and to such address as the Commission may

determine.”
80
Page 22, line 43, leave out from “regulations” to beginning of line 20 on page 23 and

insert—

“(a)
make provision in relation to orders under section 39B

corresponding to the provision that may be made under section

40(11);

(b)
make provision”
81
Page 23, line 22, at end insert—

“39IA
Application of sections 39B and 39I to Scotland

(1)
In their application to Scotland, sections 39B and 39I have effect with the

following modifications.

(2)
In section 39B(4C) for “section 40” substitute “section 40A”.

(3)
For section 39I substitute—

“39I
Power to make supplementary provision

In relation to orders under section 39B—

(a)
the Secretary of State may by regulations make provision—

(i)
for sections 39C to 39H to have effect with

prescribed modifications in cases where a person

against whom such an order has effect is outside the

United Kingdom;

(ii)
that a statement in writing to the effect that wages of

any amount have been paid to a person during any

period, purporting to be signed by or on behalf of

the person’s employer, shall be sufficient evidence

of the facts stated; and

(b)
the power of the Court of Session by Act of Sederunt to

regulate the procedure and practice in civil proceedings in

12

the sheriff court shall include power to make provision

corresponding to that which may be made by virtue of

section 40A(8).””
Clause 26
82
Page 23, line 24, leave out “39I” and insert “39IA”
Clause 27
83
Page 30, line 3, leave out “liable person” and insert “person searched”
84
Page 30, line 46, leave out “liable person” and insert “person searched”
Clause 28
85
Page 32, line 8, leave out “liable person” and insert “person searched”
Clause 30
86
Page 32, line 40, leave out “may” and insert “must”
87
Page 32, line 41, at end insert—

“(3)
The regulations must provide that unless one of the conditions in

subsection (4) is satisfied the Commission may not exercise the power

under subsection (1) without the appropriate consent.

(4)
The conditions are—

(a)
that the Commission would be entitled to retain the whole of the

arrears under section 41(2) if it recovered them;

(b)
that the Commission would be entitled to retain part of the arrears

under section 41(2) if it recovered them, and the part of the arrears

that the Commission would not be entitled to retain is equal to or

less than the payment accepted under subsection (1).

(5)
Unless the maintenance calculation was made under section 7, the

appropriate consent is the written consent of the person with care with

respect to whom the maintenance calculation was made.

(6)
If the maintenance calculation was made under section 7, the appropriate

consent is—

(a)
the written consent of the child who made the application under

section 7(1), and

(b)
if subsection (7) applies, the written consent of the person with care

of that child.

(7)
This subsection applies if—

(a)
the maintenance calculation was made under section 7(2), or

(b)
the Secretary of State has made arrangements under section 7(3) on

the application of the person with care.””
Clause 32
88
Page 33, line 25, at end insert—

13

“(2A)
Regulations under subsection (1) must provide that unless one of the

conditions in subsection (2B) is satisfied the Commission may not enter

into transfer arrangements in relation to arrears of child support

maintenance without the appropriate consent.

(2B)
The conditions are—

(a)
that the Commission would be entitled to retain the whole of the

arrears under section 41(2) if it recovered them;

(b)
that the Commission would be entitled to retain part of the arrears

under section 41(2) if it recovered them, and the part of the arrears

that the Commission would not be entitled to retain is equal to or

less than the transfer payment.

(2C)
In subsection (2B)(b), “transfer payment” means—

(a)
the payment that the Commission would receive from the

transferee on the arrangements taking effect, and

(b)
such other payments under the transfer arrangements as may be

prescribed.

(2D)
Unless the maintenance calculation was made under section 7, the

appropriate consent is the written consent of the person with care with

respect to whom the maintenance calculation was made.

(2E)
If the maintenance calculation was made under section 7, the appropriate

consent is—

(a)
the written consent of the child who made the application under

section 7(1), and

(b)
if subsection (2F) applies, the written consent of the person with

care of that child.

(2F)
This subsection applies if—

(a)
the maintenance calculation was made under section 7(2), or

(b)
the Secretary of State has made arrangements under section 7(3) on

the application of the person with care.”
89
Page 33, line 32, at end insert—

“(d)
provide that a payment made to the Commission under transfer

arrangements may be treated for prescribed purposes as if it were a

payment of child support maintenance.”
After Clause 36
90
Insert the following new Clause—

“Disclosure of information relating to family proceedings

(1)
After section 49A of the Child Support Act 1991 (c. 48) (inserted by section

32 of this Act), insert—

“49AA
Disclosure of information relating to family proceedings

(1)
Where this section applies, a disclosure of information relating to

family proceedings, made to the Commission, or to a person

providing services to the Commission, by a party to the

proceedings is not (if it would otherwise be) a contempt of court or

punishable as a contempt of court.

14

(2)
This section applies if—

(a)
the party is a person with care or non-resident parent in

relation to a child,

(b)
child support maintenance is payable, or an application for

a maintenance calculation has been made, in respect of the

child, and

(c)
the party reasonably considers that the information is

relevant to the exercise of the Commission’s functions

relating to child support in relation to the child.

(3)
This section also applies if—

(a)
an application for a maintenance calculation has been made

under section 7(1) by the party, or child support

maintenance is payable in accordance with a maintenance

calculation made on an application made under section 7(1)

by the party, and

(b)
the party reasonably considers that the information is

relevant to the exercise of the Commission’s functions

relating to child support in relation to the party.

(4)
A disclosure by a party’s representative is to be treated for the

purposes of this section as a disclosure by the party, if the

representative is instructed by the party to make the disclosure.

(5)
In this section, “representative” means

(a)
in England and Wales—

(i)
a barrister or a solicitor, solicitor’s employee or other

authorised litigator (as defined in the Courts and

Legal Services Act 1990) who has been instructed to

act for a party in relation to the proceedings,

(ii)
a non-professional person who gives lay advice on

behalf of an organisation in the lay advice sector, or

(iii)
any person permitted by the court to sit beside an

unrepresented litigant in court to assist that litigant

by prompting, taking notes and giving advice to the

litigant;

(b)
in Scotland, a legal representative.

(6)
This section does not apply if the court dealing with the

proceedings so directs.

49AB
Meaning of “family proceedings”

(1)
In section 49AA, “family proceedings” means any of the following

proceedings commenced on or after the day on which that section

comes into force—

(a)
proceedings for ancillary relief (within the meaning of

subsection (2));

(b)
proceedings under section 17 of the Married Women’s

Property Act 1882 (questions between husband and wife as

to property);

(c)
proceedings under any of the following provisions of the

1973 Act—

(i)
section 27 (financial provision in cases of neglect to

maintain);

(ii)
section 35 (alteration of maintenance agreements);

15

(d)
proceedings under Part 1 of the Domestic Proceedings and

Magistrates’ Courts Act 1978 (powers of court to make

orders for financial provision);

(e)
proceedings relating to orders for financial provision within

the meaning of section 8 of the Family Law (Scotland) Act

1984;

(f)
proceedings relating to an action for aliment within the

meaning of section 2 of that Act;

(g)
proceedings under Part 3 of the Matrimonial and Family

Proceedings Act 1984 (financial relief in England and Wales

after overseas divorce etc.);

(h)
proceedings under Schedule 1 to the Children Act 1989

(financial provision for children);

(i)
proceedings under sections 33 to 40 of the Family Law Act

1996 (occupation orders);

(j)
proceedings under any of the following provisions of the

2004 Act—

(i)
section 66 (disputes between civil partners about

property);

(ii)
paragraph 41 of Schedule 5 (orders where failure to

maintain);

(iii)
paragraph 69 of Schedule 5 (alteration of

maintenance agreements by the court);

(iv)
Schedule 6 (financial relief in magistrates’ courts

etc.);

(v)
Schedule 7 (financial relief in England and Wales

after overseas dissolution etc. of a civil partnership).

(2)
In subsection (1), “ancillary relief” means any of the following—

(a)
an order under section 37(2)(b) or (c) of the 1973 Act or

paragraph 74(3) or (4) of Schedule 5 to the 2004 Act

(avoidance of disposition orders);

(b)
any of the orders mentioned in section 21(1) of the 1973 Act

(except an order under section 27(6) of that Act) or any of the

orders mentioned in paragraph 2(1) of Schedule 5 to the

2004 Act (financial provision orders) made under Part 1 of

that Schedule;

(c)
an order under section 22 of the 1973 Act (orders for

maintenance pending suit);

(d)
an order under paragraph 38 of Schedule 5 to the 2004 Act

(orders for maintenance pending outcome of proceedings);

(e)
any of the orders mentioned in section 21(2) of the 1973 Act

or any of the orders mentioned in paragraph 7(1) of

Schedule 5 to the 2004 Act (property adjustment orders);

(f)
an order under section 31 of the 1973 Act or an order under

Part 11 of Schedule 5 to the 2004 Act (variation orders);

(g)
an order under section 24B of the 1973 Act or an order under

paragraph 15 of Schedule 5 to the 2004 Act (pension sharing

orders).

(3)
The Secretary of State may by order amend this section so as to

provide that “family proceedings” in section 49AA includes

proceedings of a description specified in the order, other than

16

proceedings commenced before the day on which the order comes

into force.

(4)
An order under subsection (3) may be made only with the consent

of the Lord Chancellor.

(5)
In this section—

“the 1973 Act” means the Matrimonial Causes Act 1973;

“the 2004 Act” means the Civil Partnership Act 2004.”
Clause 37
91
Page 35, line 20, leave out “49A” and insert “49AB”
92
Page 35, line 20, leave out “32” and insert “(Disclosure of information relating to family

proceedings)”
Clause 50
93
Page 40, line 39, at end insert—

“( )
No regulations may be made under any provision of section 44 if they are

the first regulations to be made under that section, unless a draft of the

statutory instrument containing the regulations has been laid before, and

approved by a resolution of, each House of Parliament.”
Clause 52
94
Page 42, line 31, leave out from beginning to “unless” and insert “A statutory

instrument containing—

(a)
regulations under section 6(1) or (4),

(b)
the first regulations under paragraphs 2(1), 3(1), 5(1) or (2), 6(1) or

(3) or 7 of Schedule 5, or

(c)
an order under section (Review of the status of the Commission)(6),

shall not be made”
95
Page 42, line 32, after “regulations” insert “or order”
Clause 56
96
Page 43, line 30, after “32G,” insert “32HA,”
97
Page 43, line 30, after “49A” insert “, 49AA”
98
Page 43, line 34, after “32G,” insert “32HA,”
99
Page 43, line 34, leave out “39E” and insert “39B”
100
Page 43, line 34, after “40,” insert “40A,”
101
Page 43, line 34, leave out “and 40B” and insert “, 40B and 49AA”
102
Page 43, line 37, leave out “39E”
103
Page 43, line 39, at end insert—

“( )
An order may be made under section 32I of the Child Support Act 1991

(c. 48) in respect of an amount even though the time within which an

17

application could have been instituted under section 33 of that Act for an

order in respect of that amount has expired.”
Clause 59
104
Page 44, line 25, at end insert—

“( )
An order under subsection (3) may include such transitional provision or

savings as the Secretary of State considers necessary or expedient in

connection with bringing any provision of this Act into force.”
105
Page 44, line 25, at end insert—

“( )
An order under subsection (3) appointing the day on which section

(Disclosure of information relating to family proceedings) is to come into force

in England and Wales may be made only with the consent of the Lord

Chancellor.”
Schedule 1
106
Page 47, line 21, leave out “, who is to be an employee of the Commission”
107
Page 47, line 22, at end insert—

    “( )
The chief executive is employed in the civil service of the State.”
108
Page 47, line 26, after “may” insert “, with the approval of the Minister for the Civil

Service,”
109
Page 47, line 32, at end insert “and the Minister for the Civil Service”
110
Page 47, line 33, leave out “employees” and insert “staff”
111
Page 47, line 36, after “may” insert “, with the approval of the Minister for the Civil

Service,”
112
Page 50, line 31, leave out paragraph 22 and insert—

“22(1)
The functions of the Commission, and of its members, are to be exercised

on behalf of the Crown.

      (2)
For the purposes of any civil proceedings arising out of those

functions—

(a)
the Crown Proceedings Act 1947 (c. 44) applies to the

Commission as if it were a government department, and

(b)
the Crown Suits (Scotland) Act 1857 (c. 44) applies to it as if it

were a public department.”
113
Page 51, line 6, leave out paragraph 24
114
Page 51, line 36, leave out sub-paragraph (1)
115
Page 52, line 1, leave out from “increase” to end of line 2 and insert “in the sums

payable out of money provided by Parliament that is attributable to the provision

of relevant pensions”
116
Page 52, line 2, at end insert—

    “( )
In sub-paragraph (2), “relevant pensions” means pensions, allowances

or gratuities under section 1 of the Superannuation Act 1972 (c. 11)