Child Maintenance and Other Payments Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

51
Child Maintenance and Other Payments Bill
Schedule 1 — The Commission

Schedules
Schedule 1
Section 1

The Commission
Constitution of the Commission
1
The Commission shall consist of the following members—
5
(a)
a person to chair the Commission,
(b)
the chief executive of the Commission (who is to be known as the
Commissioner for Child Maintenance),
(c)
one or more directors appointed from the staff of the Commission
(“executive directors”), and
10
(d)
two or more directors appointed otherwise than from the staff of the
Commission (“non-executive directors”).
Appointment of a person to chair the Commission
2
Appointments for the purposes of paragraph 1(a) are to be made by the
Secretary of State otherwise than from the staff of the Commission.
15
Appointment of directors
3     (1)
Appointments for the purposes of paragraph 1(c) are to be made by the
Commission, with the approval of the Secretary of State.
      (2)
Appointments for the purposes of paragraph 1(d) are to be made by the
person appointed to chair the Commission, with the approval of the
20
Secretary of State.
      (3)
The power under sub-paragraph (1) may not be exercised if the result of
exercising it would be to make the number of executive members of the
Commission equal to or greater than the number of non-executive members
of the Commission.
25
      (4)
The power under sub-paragraph (2) must be exercised so as to secure, so far
as practicable, that the Commission always has more non-executive
members than executive members.
Terms of appointment and tenure of members
4     (1)
The terms and conditions of a person’s appointment to chair the
30
Commission are to be such as the Secretary of State may determine.
      (2)
The terms and conditions of a person’s appointment as a non-executive
director are to be such as the person appointed to chair the Commission may
determine with the approval of the Secretary of State.

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
52

      (3)
The matters with which the terms and conditions of a member’s
appointment may deal include, in particular—
(a)
the period for which the member is to hold office;
(b)
the member’s eligibility for re-appointment;
(c)
circumstances in which membership may be suspended or
5
terminated.
5     (1)
Subject to sub-paragraphs (2) and (3), a person appointed to be a member of
the Commission—
(a)
is to hold and vacate office in accordance with the terms and
conditions of his or her appointment, and
10
(b)
may resign or be removed from office in accordance with those terms
and conditions.
      (2)
A person appointed as an executive director ceases to be a member of the
Commission if he or she ceases to be a member of its staff.
      (3)
A person appointed to chair the Commission or as a non-executive director
15
ceases to be a member of the Commission if he or she becomes a member of
its staff.
Remuneration etc. of non-executive members
6     (1)
The Commission may pay, or make provision for paying, the person
appointed to chair the Commission such remuneration as the Secretary of
20
State may determine.
      (2)
The Commission may—
(a)
pay to or in respect of any person who is or has been appointed to
chair the Commission such pension, allowances or gratuities as the
Secretary of State may determine, or
25
(b)
make such payments as the Secretary of State may determine
towards provision for the payment of a pension, allowance or
gratuity to or in respect of such a person.
      (3)
Where—
(a)
the person appointed to chair the Commission ceases to be a member
30
of the Commission otherwise than on the expiry of his term of office,
and
(b)
it appears to the Secretary of State that there are circumstances which
make it right for that person to receive compensation,

the Commission may make a payment to that person of such amount as the
35
Secretary of State may determine.
7     (1)
The Commission may pay, or make provision for paying, non-executive
directors of the Commission such remuneration as the person appointed to
chair the Commission may determine with the approval of the Secretary of
State.
40
      (2)
The Commission may—
(a)
pay to or in respect of any person who is or has been a non-executive
director such pension, allowances or gratuities as the person
appointed to chair the Commission may determine with the
approval of the Secretary of State, or
45

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
53

(b)
make such payments as the person appointed to chair the
Commission may determine with the approval of the Secretary of
State towards provision for the payment of a pension, allowance or
gratuity to or in respect of any person who is or has been a non-
executive director.
5
      (3)
Where—
(a)
a non-executive director ceases to be a member of the Commission
otherwise than on the expiry of his term of office, and
(b)
it appears to the person appointed to chair the Commission that
there are circumstances which make it right for that person to receive
10
compensation,

the Commission may make a payment to that person of such amount as the
person appointed to chair the Commission may determine with the
approval of the Secretary of State.
Appointment of deputy chair
15
8
The person appointed to chair the Commission must appoint one of the non-
executive directors as his or her deputy for such period (not exceeding the
remainder of the non-executive director’s period of office as director) as he
or she may specify on making the appointment.
Staff
20
9     (1)
The Commission is to have a chief executive.
      (2)
The chief executive is employed in the civil service of the State.
      (3)
The first appointment of a chief executive—
(a)
is to be made by the Secretary of State, and
(b)
is to be on such terms and conditions as to remuneration and other
25
matters as the Secretary of State may, with the approval of the
Minister for the Civil Service, determine.
      (4)
Subsequent appointments of a chief executive—
(a)
are to be made by the Commission with the approval of the Secretary
of State, and
30
(b)
are to be on such terms and conditions as to remuneration and other
matters as the Commission may determine with the approval of the
Secretary of State and the Minister for the Civil Service.
10    (1)
The Commission may appoint such other staff as it considers appropriate.
      (2)
Any such appointments are to be on such terms and conditions as to
35
remuneration and other matters as the Commission may, with the approval
of the Minister for the Civil Service, determine.
Committees
11    (1)
The Commission may establish committees for any purpose.
      (2)
Any committee established under sub-paragraph (1) may establish sub-
40
committees.
      (3)
Any committee or sub-committee established under this paragraph may
consist of or include persons who are not members of the Commission.

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
54

      (4)
Any sub-committee established under sub-paragraph (2) may consist of or
include persons who are not members of the committee by which it is
established.
      (5)
Sub-paragraphs (2) to (4) do not apply to the committee established under
paragraph 20(1) or to any of its sub-committees.
5
12
Appointment as a member of a committee or sub-committee of the
Commission of a person who is not a member of the Commission or its staff
is to be on such terms and conditions as to remuneration and other matters
as the Commission may determine.
Procedure
10
13
The Commission may determine—
(a)
its own procedure (including quorum), and
(b)
the procedure (including quorum) of any of its committees.
Delegation
14    (1)
The Commission may authorise—
15
(a)
any member of the Commission,
(b)
any member of its staff, or
(c)
any of its committees,

to exercise on its behalf such of its functions, in such circumstances, as it may
determine.
20
      (2)
This paragraph does not apply to the functions listed in paragraph 20(1).
15    (1)
The person appointed to chair the Commission may authorise—
(a)
any executive member of the Commission,
(b)
any member of its staff, or
(c)
subject to sub-paragraph (2), any of its committees,
25

to exercise on his or her behalf the functions under paragraph 4(2) or 7.
      (2)
Authority may not be given under sub-paragraph (1)(c) to a committee that
includes a non-executive director; and authority given under that provision
ceases to have effect if a non-executive director becomes a member of the
committee concerned.
30
Instruments
16    (1)
The fixing of the common seal of the Commission must be authenticated by
the signature of a person authorised for that purpose by the Commission
(whether generally or specifically).
      (2)
A document purporting—
35
(a)
to be duly executed under the seal of the Commission, or
(b)
to be signed on its behalf,

is to be received in evidence and taken, without further proof, to be so
executed or signed unless the contrary is proved.
      (3)
This paragraph does not apply in relation to Scotland.
40

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
55

Finance
17    (1)
The Secretary of State may out of money provided by Parliament make such
payments to the Commission as the Secretary of State considers appropriate
for the purpose of enabling the Commission to meet its expenses.
      (2)
Payments under this paragraph may be made at such times and subject to
5
such conditions (if any) as the Secretary of State considers appropriate.
Accounts and audit
18    (1)
The Commission must—
(a)
keep proper accounts and proper records in relation to its accounts,
and
10
(b)
prepare in respect of each financial year a statement of accounts.
      (2)
Each statement of accounts must comply with any directions given by the
Secretary of State with the approval of the Treasury as to—
(a)
the information to be contained in it and the manner in which it is to
be presented;
15
(b)
the methods and principles according to which the statement is to be
prepared;
(c)
the additional information (if any) which is to be provided for the
information of Parliament.
      (3)
The Commission must send a copy of each statement of accounts—
20
(a)
to the Secretary of State, and
(b)
to the Comptroller and Auditor General,

before the end of the month of August next following the financial year to
which the statement relates.
      (4)
The Comptroller and Auditor General must—
25
(a)
examine, certify and report on each statement of accounts received
under sub-paragraph (3), and
(b)
send a copy of each report and certified statement to the Secretary of
State.
      (5)
The Secretary of State must lay before Parliament a copy of each report and
30
statement sent under sub-paragraph (4)(b).
      (6)
In this paragraph, “financial year” means—
(a)
the period beginning with the date on which the Commission is
established and ending with the next following 31st March, and
(b)
each successive period of 12 months.
35
19
The Commission must keep under review the question whether its internal
financial controls secure the proper conduct of its financial affairs.
Non-executive functions committee
20    (1)
The Commission must establish a committee to discharge the following
functions on its behalf—
40
(a)
the function under paragraph 9(4)(b);
(b)
the function under paragraph 10(2), so far as relating to executive
directors;

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
56

(c)
the function under paragraph 12;
(d)
the function under paragraph 19.
      (2)
The committee under sub-paragraph (1) is to consist of at least three
members.
      (3)
Only non-executive members of the Commission may be members of the
5
committee under sub-paragraph (1).
      (4)
The committee under sub-paragraph (1) is to be chaired by a person other
than the person appointed to chair the Commission.
      (5)
The committee under sub-paragraph (1) must prepare a report on the
discharge of the functions mentioned in that sub-paragraph for inclusion in
10
the annual report of the Commission to the Secretary of State under section
9.
      (6)
The report under sub-paragraph (5) must relate to the same period as the
Commission’s report.
      (7)
The committee under sub-paragraph (1) may establish sub-committees.
15
      (8)
A sub-committee of the committee under sub-paragraph (1) may consist of
or include persons who are not members of that committee or the
Commission.
      (9)
The members of any sub-committee of the committee under sub-paragraph
(1) must not include persons who are executive members or other staff of the
20
Commission.
     (10)
The committee under sub-paragraph (1) may authorise any of its members
or any of its sub-committees to discharge on its behalf—
(a)
the function mentioned in sub-paragraph (1)(d);
(b)
the duty to prepare a report under sub-paragraph (5).
25
Supplementary powers
21
The Commission may do anything (except borrow money) which is
calculated to facilitate, or is conducive or incidental to, the carrying out of its
functions.
Status of the Commission
30
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
35
(b)
the Crown Suits (Scotland) Act 1857 (c. 44) applies to it as if it were a
public department.
Validity
23
The validity of any proceedings of the Commission (including proceedings
of any of its committees) is not to be affected by—
40

Child Maintenance and Other Payments Bill
Schedule 1 — The Commission
57

(a)
any vacancy among the members of the Commission or any of its
committees,
(b)
any defect in the appointment of any member of the Commission or
any of its committees,
(c)
any defect in the appointment of the Commissioner for Child
5
Maintenance, or
(d)
the composition for the time being of the membership of the
Commission.
Public records
24
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
10
records), in Part 2 of the Table at the end of paragraph 3, at the appropriate
place insert—
“Child Maintenance and Enforcement Commission.”
Investigation by Parliamentary Commissioner
25
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
15
(departments and authorities subject to investigation), at the appropriate
place insert—
“Child Maintenance and Enforcement Commission.”
Civil service pensions
26    (1)
The Commission must pay to the Minister for the Civil Service, at such times
20
as he or she may direct, such sums as he or she may determine in respect of
the increase in the sums payable out of money provided by Parliament that
is attributable to the provision of relevant pensions.
      (2)
In sub-paragraph (1), “relevant pensions” means pensions, allowances or
gratuities under section 1 of the Superannuation Act 1972 (c. 11) payable to
25
or in respect of persons who are or have been in the service of the
Commission.
House of Commons disqualification
27
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (bodies of which all members are disqualified), at the appropriate
30
place insert—
“The Child Maintenance and Enforcement Commission.”
Northern Ireland Assembly disqualification
28
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (bodies of which all members are disqualified), at the
35
appropriate place insert—
“The Child Maintenance and Enforcement Commission.”
Freedom of information
29
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public
authorities), at the appropriate place insert—
40
“The Child Maintenance and Enforcement Commission.”