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Child Poverty Bill


Child Poverty Bill
Part 3 — General

15

 

(4)   

Expressions used in subsection (3) and in Part 1 of this Act have the same

meaning in that subsection as in that Part.

Part 3

General

25      

General interpretation

5

In this Act—

“child” means—

(a)   

a person under the age of 16, or

(b)   

a person who is a qualifying young person for the purposes of

Part 9 of the Social Security Contributions and Benefits Act 1992

10

or Part 9 of the Social Security Contributions and Benefits

(Northern Ireland) Act 1992 (child benefit);

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State under this

Act.

15

26      

Regulations and orders

(1)   

Any power to make regulations or an order under this Act is exercisable by

statutory instrument.

(2)   

Any regulations or order under this Act may—

(a)   

make different provision for different cases,

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(b)   

include supplementary, incidental and consequential provision, and

(c)   

make transitional provisions and savings.

(3)   

A power conferred by any provision of this Act to make regulations or an order

includes power to provide for a person to exercise a discretion in dealing with

any matter.

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(4)   

A statutory instrument containing—

(a)   

regulations under any provision of this Act, other than regulations

made only under section 4(3) or 21(2), or

(b)   

an order under section 7(4),

   

may not be made unless a draft of the instrument has been laid before, and

30

approved by a resolution of, each House of Parliament.

(5)   

A statutory instrument containing—

(a)   

regulations made only under section 4(3) or 21(2), or

(b)   

an order under section 19(6),

   

is subject to annulment in pursuance of a resolution of either House of

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Parliament.

27      

Financial provisions

There is to be paid out of money provided by Parliament—

(a)   

any expenditure incurred under or by virtue of this Act by a Minister

of the Crown, and

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Child Poverty Bill
Part 3 — General

16

 

(b)   

any increase attributable to this Act in the sums payable under any

other Act out of money so provided.

28      

Extent

(1)   

Except as provided by subsections (2) to (4), the provisions of this Act extend

to England and Wales, Scotland and Northern Ireland.

5

(2)   

Section 10 extends to Scotland only.

(3)   

Section 11 extends to Northern Ireland only.

(4)   

Part 2 extends to England and Wales only.

29      

Commencement

(1)   

This Act, except Part 2, comes into force on the day on which this Act is passed.

10

(2)   

Part 2 comes into force at the end of the period of 2 months beginning with the

day on which this Act is passed.

30      

Short title

This Act may be cited as the Child Poverty Act 2009.

 
 

Child Poverty Bill
Schedule 1 — The Child Poverty Commission

17

 

Schedules

Schedule 1

Section 7

 

The Child Poverty Commission

Membership, chair and deputy chair

1     (1)  

The members of the Commission are to be—

5

(a)   

a chair appointed by the Secretary of State,

(b)   

a member appointed by the Scottish Ministers,

(c)   

a member appointed by the Welsh Ministers,

(d)   

a member appointed by the relevant Northern Ireland department,

and

10

(e)   

such number of other members appointed by the Secretary of State

as the Secretary of State may determine.

      (2)  

Before appointing a member under sub-paragraph (1)(e), the Secretary of

State must consult—

(a)   

the chair, and

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(b)   

the Scottish Ministers, the Welsh Ministers and the relevant

Northern Ireland department.

      (3)  

The Secretary of State may, after consulting the chair, appoint one of the

members as the deputy chair.

      (4)  

The Secretary of State must have regard to the desirability of securing that

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the Commission (taken as a whole) has experience in or knowledge of—

(a)   

the formulation, implementation and evaluation of policy relating to

child poverty;

(b)   

research in connection with child poverty;

(c)   

work with children and families experiencing poverty.

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Term of office

2          

Members are to hold and vacate office in accordance with the terms of their

appointment, subject to the following provisions.

3          

Members must be appointed for a term of not more than 5 years.

4          

The consent of the Secretary of State is required for the terms of an

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appointment made under paragraph 1(1)(b) to (d).

5          

A member may resign by giving notice in writing to the Secretary of State.

6          

The Secretary of State may remove a member if—

(a)   

the person has been absent from 3 or more consecutive meetings of

the Commission, without its permission,

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Child Poverty Bill
Schedule 1 — The Child Poverty Commission

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(b)   

the person has become bankrupt or has made an arrangement with

creditors,

(c)   

the person’s estate has been sequestrated in Scotland or the person,

under Scots law, has made a composition or arrangement with, or

granted a trust deed for, creditors, or

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(d)   

the Secretary of State is satisfied that the person is otherwise unable

or unfit to perform the duties of the office.

7          

A person ceases to be the chair or the deputy chair if the person—

(a)   

resigns that office by giving notice in writing to the Secretary of State,

or

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(b)   

ceases to be a member.

8          

A person who holds or has held office as the chair, or as the deputy chair or

other member, may be reappointed, whether or not to the same office.

Staff and facilities

9          

The Secretary of State may provide the Commission with—

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(a)   

such staff,

(b)   

such accommodation, equipment and other facilities, and

(c)   

such sums,

           

as the Secretary of State may determine are required by the Commission in

the exercise of its functions.

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Payments to members

10         

The Secretary of State may pay to or in respect of the members of the

Commission such remuneration, allowances and expenses as the Secretary

of State may determine.

Status

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11         

The Commission is not to be regarded—

(a)   

as the servant or agent of the Crown, or

(b)   

as enjoying any status, privilege or immunity of the Crown.

Sub-committees

12         

The Commission may establish sub-committees.

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Validity of proceedings

13         

The Commission may regulate—

(a)   

its own procedure (including quorum), and

(b)   

the procedure of any sub-committee (including quorum).

14         

The validity of anything done by the Commission or any sub-committee is

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not affected by—

(a)   

any vacancy in the membership of the Commission or sub-

committee, or

(b)   

any defect in the appointment of any member of the Commission or

sub-committee.

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Child Poverty Bill
Schedule 1 — The Child Poverty Commission

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Discharge of functions

15         

The Commission may authorise a sub-committee or member to exercise any

of the Commission’s functions.

Provision of advice by Commission

16    (1)  

The Commission must comply with any request made by the Secretary of

5

State under section 9 or by the Scottish Ministers or the relevant Northern

Ireland department under section 12.

      (2)  

Advice given by the Commission under either of those sections must contain

the reasons for the advice.

      (3)  

As soon as reasonably practicable after giving advice under either of those

10

sections, the Commission must publish the advice in such manner as it

thinks fit.

Public records

17         

In Schedule 1 to the Public Records Act 1958 (definition of public records) in

Part 2 of the Table at the end of paragraph 3 at the appropriate place insert—

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“The Child Poverty Commission.”

Parliamentary Commissioner

18         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

subject to investigation) at the appropriate place insert—

“The Child Poverty Commission.”

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Disqualification

19    (1)  

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies of which all members are disqualified) at the appropriate place

insert—

“The Child Poverty Commission.”

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      (2)  

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (bodies of which all members are disqualified) at the appropriate

place insert—

“The Child Poverty Commission.”

Freedom of information

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20         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

bodies and offices: general) at the appropriate place insert—

“The Child Poverty Commission.”

 
 

 
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