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Loss of benefit provisions: further amendments |
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Further amendments of Social Security Fraud Act 2001 |
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1 | In this Part of this Schedule “the 2001 Act” means the Social Security Fraud |
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2 (1) | Section 7 of the 2001 Act (loss of benefit for commission of benefit offences) |
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(a) | after the definition of “benefit offence” insert— |
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“ “post-commencement offence” means an offence |
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committed on or after 1 April 2002 (the day on which |
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this section came into force).”, and |
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(b) | omit the definitions of “disqualifying benefit” and “sanctionable |
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(3) | Omit subsection (11). |
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(4) | In the heading, for “commission of benefit offences” substitute “second or |
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subsequent conviction of benefit offence”. |
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3 (1) | Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker’s |
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allowance) is amended as follows. |
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(2) | In subsection (1)(b), for “the restriction in subsection (2) of section 7” |
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substitute “an offence-related restriction”. |
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(3) | After subsection (1) insert— |
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(a) | “an offence-related restriction” means the restriction in |
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subsection (5) of section 6B or the restriction in subsection (2) |
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(b) | in relation to an offence-related restriction, any reference to |
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the relevant period is a reference to a period which is the |
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disqualification period for the purposes of section 6B or |
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section 7, as the case requires.” |
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(a) | for “the disqualification period” substitute “the relevant period”, |
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(b) | in paragraph (a), for “the restriction in subsection (2) of section 7” |
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substitute “an offence-related restriction”, and |
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(c) | in paragraph (b), for “that restriction” substitute “an offence-related |
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(a) | for “the disqualification period” substitute “the relevant period”, and |
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(b) | in paragraph (b), for “convictions section 7” substitute “conduct |
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(6) | In subsection (4), for “the disqualification period” substitute “the relevant |
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(7) | After subsection (6) insert— |
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“(7) | Where, after the agreement of any member of a couple (“M”) to pay |
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a penalty under the appropriate penalty provision is taken into |
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account for the purposes of any restriction imposed by virtue of any |
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regulations under this section— |
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(a) | M’s agreement to pay the penalty is withdrawn under |
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subsection (5) of the appropriate penalty provision, or |
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(b) | it is decided on an appeal or in accordance with regulations |
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under the Social Security Act 1998 or the Social Security |
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(Northern Ireland) Order 1998 that the overpayment to |
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which the agreement relates is not recoverable or due, |
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| all such payments and other adjustments shall be made as would be |
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necessary if no restriction had been imposed by or under this section |
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that could not have been imposed had M not agreed to pay the |
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(8) | Where, after the agreement (“the old agreement”) of any member of |
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a couple (“M”) to pay a penalty under the appropriate penalty |
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provision is taken into account for the purposes of any restriction |
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imposed by virtue of any regulations under this section, the amount |
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of the overpayment to which the penalty relates is revised on an |
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appeal or in accordance with regulations under the Social Security |
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Act 1998 or the Social Security (Northern Ireland) Order 1998— |
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(a) | if there is a new disqualifying event for the purposes of |
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section 6B consisting of M’s agreement to pay a penalty |
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under the appropriate penalty provision in relation to the |
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revised overpayment or M being cautioned in relation to the |
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offence to which the old agreement relates, the new |
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disqualification period for the purposes of section 6B falls to |
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be determined in accordance with section 6C(4)(a), and |
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(b) | in any other case, all such payments and other adjustments |
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shall be made as would be necessary if no restriction had |
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been imposed by or under this section that could not have |
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been imposed had M not agreed to pay the penalty. |
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(9) | In this section “the appropriate penalty provision” has the meaning |
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given by section 6B(2)(a).” |
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4 (1) | Section 9 of the 2001 Act (effect of offence on benefits for members of |
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offender’s family) is amended as follows. |
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(2) | In subsection (2)(b), for “section 7” substitute “section 6B or 7”. |
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(3) | After subsection (6) insert— |
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“(7) | Where, after the agreement of any member of a person’s family |
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(“M”) to pay a penalty under the appropriate penalty provision is |
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taken into account for the purposes of any restriction imposed by |
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virtue of any regulations under this section— |
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(a) | M’s agreement to pay the penalty is withdrawn under |
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subsection (5) of the appropriate penalty provision, or |
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(b) | it is decided on an appeal or in accordance with regulations |
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under the Social Security Act 1998 or the Social Security |
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(Northern Ireland) Order 1998 that the overpayment to |
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which the agreement relates is not recoverable or due, |
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| all such payments and other adjustments shall be made as would be |
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necessary if no restriction had been imposed that could not have |
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been imposed had M not agreed to pay the penalty. |
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(8) | Where, after the agreement (“the old agreement”) of any member of |
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a person’s family (“M”) to pay a penalty under the appropriate |
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penalty provision is taken into account for the purposes of any |
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restriction imposed by virtue of any regulations under this section, |
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the amount of the overpayment to which the penalty relates is |
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revised on an appeal or in accordance with regulations under the |
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Social Security Act 1998 or the Social Security (Northern Ireland) |
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(a) | if there is a new disqualifying event for the purposes of |
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section 6B consisting of M’s agreement to pay a penalty |
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under the appropriate penalty provision in relation to the |
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revised overpayment or M being cautioned in relation to the |
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offence to which the old agreement relates, the new |
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disqualification period for the purposes of section 6B falls to |
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be determined in accordance with section 6C(4)(a), and |
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(b) | in any other case, all such payments and other adjustments |
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shall be made as would be necessary if no restriction had |
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been imposed by or under this section that could not have |
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been imposed had M not agreed to pay the penalty. |
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(9) | In this section “the appropriate penalty provision” has the meaning |
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given by section 6B(2)(a).” |
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5 (1) | Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit |
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provisions) is amended as follows. |
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(2) | In subsection (1), for “sections 7 to 9” substitute “sections 6A to 9”. |
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(3) | In subsection (2), after “section” insert “6B,”. |
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6 (1) | Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows. |
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(2) | In subsections (1) and (2), for “sections 7 to 10” substitute “sections 6B to 10”. |
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(a) | in paragraph (a), after “section” insert “6B or”, |
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(b) | in paragraph (b), after “section” insert “6B(7),”, and |
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(c) | in paragraph (c), after “section” insert “6B(7), (8), (9) or (10),”. |
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(4) | In subsections (4) and (5), for “sections 7 to 10” substitute “sections 6B to 10”. |
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7 (1) | Section 13 of the 2001 Act (interpretation of sections 7 to 12) is amended as |
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(2) | For the words “sections 7 to 12”, both in the section and in the heading to the |
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section, substitute “sections 6A to 12”. |
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(3) | After the definition of “benefit” insert— |
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“ “cautioned”, in relation to any person and any offence, means |
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cautioned after the person concerned has admitted the |
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offence; and “caution” is to be interpreted accordingly;”. |
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(4) | Omit the definitions of “disqualification period” and “post-commencement |
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(5) | In the definition of “sanctionable benefit”, for “section 7(8)” substitute |
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8 | In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert |
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Related amendments of other Acts |
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Social Security Administration Act 1992 (c. 5) |
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9 | In section 170 of the Social Security Administration Act 1992 (functions of |
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Social Security Advisory Committee in relation to the relevant enactments |
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and the relevant Northern Ireland enactments, in subsection (5)— |
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(a) | in the definition of the “relevant enactments”, in paragraph (ag), for |
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“sections 7 to 11” substitute “sections 6A to 11”, and |
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(b) | in the definition of “the relevant Northern Ireland enactments”, in |
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paragraph (ag), for “sections 7 to 11” substitute “sections 6A to 11”. |
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Social Security Act 1998 (c. 14) |
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10 | In paragraph 3 of Schedule 3 to the Social Security Act 1998 (decisions |
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against which an appeal lies), in paragraph (f), after “section” insert “6B,”. |
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Section 40: consequential amendments etc. |
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Child Support Act 1991 (c. 48). |
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1 | The Child Support Act 1991 is amended as follows. |
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2 | In section 39B (disqualification for holding or obtaining travel |
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authorisation), in the title, after “obtaining” insert “driving licence or”. |
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3 (1) | Section 39C (period for which orders under section 39B are to have effect) is |
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(a) | for “an order under section 39B, the court” substitute “a |
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disqualification order, the Commission”, and |
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(b) | for “as the court” substitute “as the Commission”. |
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(a) | for “such an order the court” substitute “a disqualification order, the |
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(b) | for “as the court” substitute “as the Commission”. |
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(a) | for “court” (in both places) substitute “Commission”, and |
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(b) | in paragraph (a), for “the order under section 39B” substitute “the |
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(a) | for “application under section 39B” substitute “disqualification |
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(b) | for “an order under that section” substitute “a previous |
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(6) | In the title, for “orders under section 39B” substitute “disqualification |
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4 | In section 39D (power to order search), for subsections (1) and (2) |
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“(1) | On an appeal under section 39CB the court may order the person |
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against whom the disqualification order was made to be searched. |
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(2) | Any money found on such a search shall, unless the court otherwise |
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directs, be applied towards payment of any amount that would |
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otherwise, on the affirmation or variation of the order, be substituted |
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under section 39CB(8) for the amount specified under section 39B(5); |
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and the balance (if any) shall be returned to the person searched.” |
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5 (1) | Section 39E (variation and revocation of orders following payment) is |
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(a) | for “an order under section 39B” substitute “a disqualification order”, |
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(b) | for “court” substitute “Commission”, |
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(c) | omit “the Commission or”, and |
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(d) | in paragraphs (a) and (b), for “the order under section 39B” substitute |
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“the disqualification order”. |
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(3) | After that subsection insert— |
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“(1A) | The power conferred by subsection (1) shall be exercisable by the |
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court instead of by the Commission at any time when an appeal |
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brought under section 39CB against the order has not been |
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determined, withdrawn or discontinued.” |
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(a) | for “an order under section 39B” substitute “a disqualification order”, |
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(b) | for “court” substitute “Commission”, |
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(c) | omit “the Commission or”, and |
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(d) | for “the order under section 39B” substitute “the disqualification |
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(5) | Omit subsections (3) to (5). |
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6 | For section 39F substitute— |
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“39F | Power to make supplementary provision |
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(1) | The Secretary of State may by regulations make provision with |
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(a) | disqualification orders; |
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(b) | appeals against disqualification orders; and |
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(c) | orders under section 39DA. |
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(2) | The regulations may, in particular, make provision— |
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(a) | as to the form and content of a disqualification order; |
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(b) | as to the surrender of documents under section 39CA and |
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their return when the period for which a disqualification |
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order has effect is suspended or has ended; |
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(c) | that a statement in writing to the effect that wages of any |
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amount have been paid to a person during any period, |
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purporting to be signed by or on behalf of the person’s |
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employer, shall be evidence (or, in Scotland, sufficient |
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evidence) of the facts stated for the purposes of an appeal |
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(d) | permitting or requiring the court to dismiss an appeal |
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brought under that section where the person who brought it |
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fails to appear at the hearing; |
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(e) | requiring the court to send notice to the Commission of any |
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order made on an appeal under that section; |
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(f) | as to the exercise by the Commission and the court of the |
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power conferred by section 39E(1); |
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(g) | as to the revival of a disqualification order in such |
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circumstances as may be prescribed; |
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(h) | for sections 39C to 39E to have effect with prescribed |
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modifications in cases where a person against whom a |
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disqualification order has effect is outside the United |
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7 | Omit section 39G (application of sections 39B and 39F to Scotland). |
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8 | Omit section 40B (disqualification for holding or obtaining driving licence). |
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9 | In section 52(2A)(b) (regulations and orders: affirmative resolution |
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procedure), after “under section” insert “39CA(4), 39CB(3)(b),”. |
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Child Maintenance and Other Payments Act 2008 (c. 6) |
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10 | In section 59(5) and (6) of the Child Maintenance and Other Payments Act |
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2008 (transition), after “39B,” insert “39CB,”. |
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Amendments of Births and Deaths Registration Act 1953 |
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1 | In this Schedule “the 1953 Act” means the Births and Deaths Registration Act |
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2 (1) | Section 1 of the 1953 Act (particulars of births required to be registered) is |
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(2) | In subsection (2), for paragraph (a) substitute— |
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“(a) | the mother of the child; |
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(aa) | the father of the child where— |
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(i) | the child is one whose father and mother were |
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married to each other at the time of the child’s birth, |
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(ii) | the father is a qualified informant by virtue of |
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subsection (2)(a) of section 10 (registration of father |
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where parents not married or of second female parent |
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where parents not civil partners) or by virtue of |
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regulations under subsection (6)(b) of section 2E |
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(3) | For subsection (3) substitute— |
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“(3) | In subsection (2)(aa)— |
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(a) | the first reference to the father is, in the case of a child who |
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has a parent by virtue of section 42 or 43 of the Human |
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Fertilisation and Embryology Act 2008, to be read as a |
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reference to the woman who is a parent by virtue of that |
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(b) | the reference in sub-paragraph (ii) to the father being a |
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qualified informant by virtue of section 10(2)(a) is, in the case |
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of a child who has a parent by virtue of section 43 of that Act, |
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to be read as a reference to that parent being a qualified |
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informant by virtue of section 10(2A)(a).” |
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(4) | After subsection (3) insert— |
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“(4) | In this Part, references to a child whose father and mother were, or |
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were not, married to each other at the time of the child’s birth are to |
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be read in accordance with section 1 of the Family Law Reform Act |
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1987 (which extends the cases in which a person is treated as being a |
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person whose father and mother were married to each other at the |
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time of the person’s birth).” |
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3 (1) | Section 2 of the 1953 Act (information concerning birth to be given to |
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registrar within 42 days) is amended as follows. |
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(2) | In subsection (1), after “every birth” insert “of a child whose father and |
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mother were married to each other at the time of the child’s birth”. |
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(3) | In subsection (2), for “subsection (1)” substitute “subsection (1)(a) and (b)”. |
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(4) | In the title, for the words from “to be given” onwards substitute “of child |
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whose parents are married”. |
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4 | After section 2 of the 1953 Act insert— |
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“2A | Information concerning birth of child whose parents are not married |
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(1) | In the case of every birth of a child whose father and mother were not |
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married to each other at the time of the birth, it shall be the duty— |
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(a) | of the mother of the child, and |
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(b) | in the case of the death or inability of the mother, of each |
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qualified informant falling within section 1(2)(b) to (e), |
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