|
| |
| |
(5) | After section 39D insert— |
| |
“39DA | Recovery of Commission’s costs |
| |
(1) | On making a disqualification order against any person the Commission |
| |
shall also make an order requiring that person to pay an amount in |
| |
respect of the costs incurred by the Commission in exercising its |
| 5 |
functions under section 39B. |
| |
(2) | If on an appeal under section 39CB the court affirms or varies a |
| |
disqualification order made against any person, the court shall also |
| |
make an order requiring that person to pay an amount in respect of the |
| |
costs incurred by the Commission in connection with the appeal (“the |
| 10 |
Commission’s appeal costs”). |
| |
| |
(a) | on an appeal under that section the court revokes a |
| |
disqualification order made against any person, and |
| |
(b) | the court is satisfied that, having regard to all the circumstances, |
| 15 |
it is reasonable to require that person to pay an amount in |
| |
respect of the Commission’s appeal costs, |
| |
| the court shall also make an order requiring that person to pay an |
| |
amount in respect of those costs. |
| |
(4) | Any amount payable by virtue of an order made under this section |
| 20 |
| |
(a) | specified in the order; and |
| |
(b) | determined in accordance with regulations made by the |
| |
| |
(5) | The provisions of this Act with respect to— |
| 25 |
(a) | the collection of child support maintenance, and |
| |
(b) | the enforcement of an obligation to pay child support |
| |
| |
| apply equally (with any necessary modifications) to amounts which a |
| |
person is required to pay under this section.” |
| 30 |
(6) | Schedule 5 contains consequential amendments and other amendments |
| |
related to the provision made by this section. |
| |
41 | Report on operation of driving licences amendments |
| |
(1) | The Secretary of State must prepare a report on the operation during the |
| |
review period of the amendments of the 1991 Act made by section 40 and |
| 35 |
Schedule 5 so far as those amendments relate to the disqualification of any |
| |
person for holding or obtaining a driving licence. |
| |
(2) | “The review period” is the period of 24 months beginning with the day on |
| |
which section 40 and Schedule 5 come into force in relation to the |
| |
disqualification of any person for holding or obtaining a driving licence. |
| 40 |
(3) | The Secretary of State must— |
| |
(a) | prepare the report, and |
| |
(b) | lay it before Parliament, |
| |
| within 6 months from the end of the review period. |
| |
| |
| |
|
| |
| |
(4) | The continued effect of the driving licence amendments depends on whether |
| |
the Secretary of State makes an order under this subsection within the relevant |
| |
period providing for those provisions to continue to have effect. |
| |
(5) | “The relevant period” means the period of 30 days beginning with the day on |
| |
which the report is laid before Parliament; and, in reckoning this period, no |
| 5 |
account is to be taken of any time during which Parliament— |
| |
(a) | is dissolved or prorogued, or |
| |
(b) | is adjourned for more than 4 days. |
| |
(6) | If no order is made as mentioned in subsection (4), the Secretary of State must |
| |
instead make an order under this subsection containing such amendments of |
| 10 |
the 1991 Act as the Secretary of State considers necessary to secure that the |
| |
effect of the driving licence amendments is reversed. |
| |
(7) | The effect of the driving licence amendments is to be regarded as reversed if |
| |
the 1991 Act is amended so that it has the same effect in relation to the |
| |
disqualification of any person for holding or obtaining a driving licence as it |
| 15 |
would have had if this Act had not been passed. |
| |
(8) | An order under subsection (6) may contain consequential provision and |
| |
transitional provision or savings. |
| |
(9) | The consequential provision that may be made by an order under subsection |
| |
(6) includes, in particular, provision amending, repealing or revoking— |
| 20 |
(a) | any provision of any Act passed before the making of the order, or |
| |
(b) | any provision of any instrument made under any Act before the |
| |
| |
(10) | Any power to make an order under this section is exercisable by statutory |
| |
| 25 |
(11) | An order under subsection (4) may not be made unless a draft of the statutory |
| |
instrument containing the order has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| |
(12) | A statutory instrument containing an order under subsection (6) is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| 30 |
| |
“the 1991 Act” means the Child Support Act 1991 (c. 48); |
| |
“driving licence” has the same meaning as in section 39B of the 1991 Act; |
| |
“the driving licence amendments” means the amendments of the 1991 Act |
| |
made by section 40 and Schedule 5 so far as relating to the |
| 35 |
disqualification of any person for holding or obtaining a driving |
| |
| |
42 | Payments of child support maintenance |
| |
(1) | Section 29 of the Child Support Act 1991 (collection of child support |
| |
maintenance) is amended as follows. |
| 40 |
(2) | In subsection (3) (provision which may be made by regulations for payment of |
| |
child support maintenance), for paragraph (c) substitute— |
| |
“(c) | for determining, on the basis of prescribed assumptions, the |
| |
total amount of the payments of child support maintenance |
| |
| |
| |
|
| |
| |
payable in a reference period (including provision for |
| |
adjustments to such an amount); |
| |
(ca) | requiring payments of child support maintenance to be made— |
| |
(i) | by reference to such an amount and a reference period; |
| |
| 5 |
(ii) | at prescribed intervals falling in a reference period;”. |
| |
(3) | After that subsection insert— |
| |
“(3A) | In subsection (3)(c) and (ca) “a reference period” means— |
| |
(a) | a period of 52 weeks beginning with a prescribed date; or |
| |
(b) | in prescribed circumstances, a prescribed period.” |
| 10 |
43 | Child support maintenance: offences relating to information |
| |
(1) | Section 14A of the Child Support Act 1991 (c. 48) (offences relating to |
| |
information) is amended as follows. |
| |
(2) | For subsection (3A) substitute— |
| |
“(3A) | In the case of regulations under section 14 which require a person liable |
| 15 |
to make payments of child support maintenance to notify— |
| |
(a) | a change of address, or |
| |
(b) | any other change of circumstances, |
| |
| a person who fails to comply with the requirement is guilty of an |
| |
| 20 |
(3) | After subsection (5) insert— |
| |
“(6) | In England and Wales, an information relating to an offence under |
| |
subsection (2) may be tried by a magistrates’ court if it is laid within the |
| |
period of 12 months beginning with the commission of the offence. |
| |
(7) | In Scotland, summary proceedings for an offence under subsection (2) |
| 25 |
may be commenced within the period of 12 months beginning with the |
| |
commission of the offence. |
| |
(8) | Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46) |
| |
(date when proceedings deemed to be commenced) applies for the |
| |
purposes of subsection (7) as it applies for the purposes of that section.” |
| 30 |
| |
| |
44 | Registration of births |
| |
| |
(a) | amendments of the Births and Deaths Registration Act 1953 (c. 20) |
| 35 |
relating to the registration of the births of children whose parents are |
| |
neither married to each other nor civil partners of each other, |
| |
(b) | amendments of that Act relating to the late registration of births, and |
| |
(c) | related amendments of other legislation. |
| |
| |
| |
|
| |
| |
| |
| |
45 | Consequential amendments of subordinate legislation |
| |
(1) | The Secretary of State may by regulations made by statutory instrument make |
| |
such provision amending or revoking any instrument made under any other |
| 5 |
Act before the passing of this Act as appears to the Secretary of State to be |
| |
appropriate in consequence of any provision of this Act, other than a provision |
| |
| |
(2) | Regulations under this section may include— |
| |
(a) | transitional provisions or savings, and |
| 10 |
(b) | provision conferring a discretion on any person. |
| |
(3) | A statutory instrument containing regulations under this section is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
46 | Repeals and revocations |
| |
(1) | Schedule 7 contains repeals and revocations. |
| 15 |
(2) | The following repeals and revocation in Part 2 of that Schedule (which are |
| |
made in consequence of section 12(1)) have effect on 6 April 2010— |
| |
(a) | the repeals in the Social Security Contributions and Benefits Act 1992 |
| |
(c. 4) other than those of sections 88, 89, 91 and 92; |
| |
(b) | the repeal of paragraph 24 of Schedule 1 to the Jobseekers Act 1995 |
| 20 |
| |
(c) | the repeals in the Welfare Reform and Pensions Act 1999 (c. 30), the Tax |
| |
Credits Act 2002 (c. 21), the Civil Partnership Act 2004 (c. 33) and the |
| |
Child Benefit Act 2005 (c. 6); and |
| |
(d) | the revocation in the Regulatory Reform (Carer’s Allowance) Order |
| 25 |
| |
(3) | The repeal in that Part of paragraph 9 of Part 4 of Schedule 4 to the Social |
| |
Security Contributions and Benefits Act 1992 is not to be taken as affecting the |
| |
operation of article 3 of the Tax Credits Act 2002 (Commencement No. 3 and |
| |
Transitional Provisions and Savings) Order 2003 (S.I. 2003/ 938) (savings in |
| 30 |
relation to the abolition of child dependency increases). |
| |
| |
(1) | There is to be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred in consequence of this Act by a Minister of |
| |
the Crown, a government department or the Registrar General for |
| 35 |
| |
(b) | any increase attributable to this Act in the sums payable under any |
| |
other Act out of money so provided. |
| |
(2) | There is to be paid into the Consolidated Fund any increase attributable to this |
| |
Act in the sums payable into that Fund under any other Act. |
| 40 |
| |
| |
|
