Child Maintenance and Other Payments Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Child Maintenance and Other Payments Bill

Child Maintenance and Other Payments Bill
Schedule 2 — Transfer of functions under subordinate legislation
58

Interpretation
30
In this Schedule—
(a)
references to executive members of the Commission are to the
Commissioner for Child Maintenance and the executive directors;
(b)
references to non-executive members of the Commission are to those
5
members of the Commission who are not executive members of it.
31
In this Schedule, references to the staff of the Commission are to the
Commissioner for Child Maintenance and the other staff appointed under
paragraph 10.
32
In this Schedule, references to the committees of the Commission are to—
10
(a)
the committee established under paragraph 20 and any of its sub-
committees, and
(b)
any committees or sub-committees established under paragraph 11.
Schedule 2
Section 13

Transfer of functions under subordinate legislation
15

Number
Title
Provisions

conferring functions

transferred

SI 1992/1812
The Child Support
All the regulations.

(Information, Evidence

20

and Disclosure)

Regulations 1992

SI 1992/1813
The Child Support
Regulation 1 so far

(Maintenance
as relating to other

Assessment Procedure)
functions

25

Regulations 1992
transferred to the

Commission by

virtue of section 13.

All other

regulations except

30

regulations 35A,

36, 38, 47 and 49.

SI 1992/1815
The Child Support
All the regulations.

(Maintenance

Assessments and

35

Special Cases)

Regulations 1992

Child Maintenance and Other Payments Bill
Schedule 2 — Transfer of functions under subordinate legislation
59

Number
Title
Provisions

conferring functions

transferred

SI 1992/1816
The Child Support
All the regulations.

(Arrears, Interest and

5

Adjustment of

Maintenance

Assessments)

Regulations 1992

SI 1992/1989
The Child Support
All the regulations.

10

(Collection and

Enforcement)

Regulations 1992

SI 1992/2643
The Child Support
All the regulations.

(Collection and

15

Enforcement of Other

Forms of Maintenance)

Regulations 1992

SI 1992/2645
The Child Support
All the regulations.

(Maintenance

20

Arrangements and

Jurisdiction)

Regulations 1992

SI 1993/627
The Family Proceedings
All the rules.

Courts (Child Support

25

Act 1991) Rules 1993

SI 1994/227
The Child Support
All the regulations.

(Miscellaneous

Amendments and

Transitional Provisions)

30

Regulations 1994

SI 1995/1045
The Child Support and
All the regulations.

Income Support

(Amendment)

Regulations 1995

35

SI 1996/2907
The Child Support
All the regulations

Departure Direction
except regulation

and Consequential
47.

Amendments

Regulations 1996

40

Child Maintenance and Other Payments Bill
Schedule 2 — Transfer of functions under subordinate legislation
60

Number
Title
Provisions

conferring functions

transferred

SI 1999/991
The Social Security and
Regulations 3A,

Child Support
6A, 6B, 7B, 7C, 15A

5

(Decisions and Appeals)
to 15D and 24.

Regulations 1999
Regulations 4, 32 to

34, 39 and 40 so far

as relating to child

support.

10

Regulation 23 so

far as relating to

other functions

transferred to the

Commission by

15

virtue of section 13.

SI 1999/1305
The Child Support
Regulation 20.

Commissioners

(Procedure) Regulations

1999

20

SI 1999/ 1510
The Social Security Act
All the articles.

1998 (Commencement

No. 7 and

Consequential and

Transitional Provisions)

25

Order 1999

SI 2000/3173
The Child Support
All the regulations.

(Variations)

(Modification of

Statutory Provisions)

30

Regulations 2000

SI 2000/ 3177
The Child Support
All the regulations.

(Voluntary Payments)

Regulations 2000

SI 2000/ 3186
The Child Support
All the regulations.

35

(Transitional

Provisions) Regulations

2000

SI 2001/155
The Child Support
All the regulations.

(Maintenance

40

Calculations and Special

Cases) Regulations 2000

SI 2001/156
The Child Support
All the regulations.

(Variations) Regulations

2000

45

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
61

Number
Title
Provisions

conferring functions

transferred

SI 2001/157
The Child Support
All the regulations

(Maintenance
except regulations

5

Calculation Procedure)
10 to 19.

Regulations 2000

Schedule 3
Section 13

Transfer of child support functions
Part 1
10
Consequential amendments
Child Support Act 1991 (c.48)
1
The Child Support Act 1991 (c. 48) is amended as follows.
2
In section 2 (welfare of children: the general principle)—
(a)
for “Secretary of State” substitute “Commission”;
15
(b)
for “he” substitute “it”;
(c)
for “his” substitute “its”.
3     (1)
Section 4 (child support maintenance) is amended as follows.
      (2)
In subsection (1), for “Secretary of State” substitute “Commission”.
      (3)
In subsection (2)—
20
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
      (4)
In subsection (3)—
(a)
for “Secretary of State” (in both places where it occurs) substitute
“Commission”;
25
(b)
for “he” substitute “it”.
      (5)
In subsection (4), for “Secretary of State” (in the first and third places where
it occurs) substitute “Commission”.
      (6)
In subsection (5)—
(a)
for “Secretary of State” substitute “Commission”;
30
(b)
for “him” substitute “it”.
      (7)
In subsections (6) and (7), for “Secretary of State” substitute “Commission”.
4     (1)
Section 6 (applications by those claiming or receiving benefit) is amended as
follows.

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
62

      (2)
After subsection (2) insert—
“(2A)
The Secretary of State must notify the Commission of circumstances
giving rise to the application of this section.”
      (3)
In subsections (3) and (4), for “Secretary of State” substitute “Commission”.
      (4)
In subsection (5)—
5
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
      (5)
In subsection (7), for “Secretary of State’s” substitute “Commission’s”.
      (6)
In subsection (8), for “Secretary of State” substitute “Commission”.
      (7)
In subsection (9)—
10
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”.
      (8)
In subsection (10), for “Secretary of State” substitute “Commission”.
      (9)
In subsection (11), for “he” (in the second place where it occurs) substitute
“the Commission”.
15
     (10)
In subsection (12), for “Secretary of State’s” substitute “Commission’s”.
5     (1)
Section 7 (right of child in Scotland to apply for calculation) is amended as
follows.
      (2)
In subsections (1) and (2), for “Secretary of State” substitute “Commission”.
      (3)
In subsection (3)—
20
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
      (4)
In subsection (4)—
(a)
for “Secretary of State” (in both places where it occurs) substitute
“Commission”;
25
(b)
for “he” substitute “it”.
      (5)
In subsection (5), for “Secretary of State” (in the first and third places where
it occurs) substitute “Commission”.
      (6)
In subsections (6) and (7), for “Secretary of State” substitute “Commission”.
      (7)
In subsection (8)(b), for “Secretary of State” substitute “Commission”.
30
6
In section 8 (role of the courts with respect to maintenance for children), in
subsections (1) and (2), for “Secretary of State” substitute “Commission”.
7     (1)
Section 10 (relationship between maintenance calculations and certain court
orders etc.) is amended as follows.
      (2)
In subsection (4)—
35
(a)
for “Secretary of State” (in the second and third places where it
occurs) substitute “Commission”;
(b)
for “he” substitute “it”.
      (3)
In subsection (5), for “Secretary of State” substitute “Commission”.

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
63

8     (1)
Section 11 (maintenance calculations) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State “substitute “Commission”;
(b)
for “him” substitute “it”.
      (3)
In subsection (2)—
5
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”.
      (4)
In subsection (3)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “the Commission”.
10
      (5)
In subsection (4)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “the Commission”;
(c)
for “him” substitute “the Commission”.
      (6)
In subsection (5)—
15
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “the Commission”.
      (7)
In subsection (7)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”.
20
9     (1)
Section 12 (default and interim maintenance decisions) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him”, in the first place where it occurs, substitute “the
25
Commission” and, in the second place where it occurs, substitute
“it”;
(c)
for “he” (in both places where it occurs) substitute “it”.
      (3)
In subsection (2), for “Secretary of State” substitute “Commission”.
10    (1)
Section 14 (information required by Secretary of State) is amended as
30
follows.
      (2)
In the title, for “Secretary of State” substitute “Commission”.
      (3)
In subsection (3), for “him” (in both places where it occurs) substitute “the
Commission”.
      (4)
In subsection (4), for “Secretary of State” substitute “Commission”.
35
11    (1)
Section 15 (powers of inspectors) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”.
      (3)
In subsection (2), for “Secretary of State” substitute “Commission”.
40
12
In section 16 (revision of decisions)—

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
64

(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
(b)
for “his” (in each place where it occurs) substitute “its”;
(c)
for “he” (in each place where it occurs) substitute “it”;
(d)
for “him” substitute “it”.
5
13
In section 17 (decisions superseding earlier decisions)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
(b)
for “his” (in each place where it occurs) substitute “its”;
(c)
for “him” substitute “it”.
10
14    (1)
Section 20 (appeals to appeal tribunals) is amended as follows.
      (2)
In subsections (1)(a) and (b), (2)(a)(i), (7)(b) and (8)(b), for “Secretary of State”
substitute “Commission”.
15
In section 23A (redetermination of appeals), in subsection (4), before
paragraph (a) insert—
15
“(za)
the Commission;”.
16    (1)
Section 24 (appeal to Child Support Commissioner) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
Each of the following may appeal to a Child Support Commissioner
on a question of law—
20
(a)
the Commission,
(b)
the Secretary of State, and
(c)
any person who is aggrieved by the decision of an appeal
tribunal.”
      (3)
In subsection (3)(c) and (d), before “the Secretary of State” insert “the
25
Commission or”.
      (4)
In subsection (4)—
(a)
before “the Secretary of State” insert “the Commission or”;
(b)
for “to an officer of his, or a person providing him with services,”
substitute “to an officer of, or a person providing services to, the
30
Commission or the Secretary of State,”.
      (5)
In subsection (8), before “the Secretary of State” (in both places where it
occurs) insert “the Commission or”.
17
In section 25 (appeal from Child Support Commissioner on question of law),
in subsection (3), after paragraph (a) insert—
35
“(aa)
the Commission;”.
18
In section 26 (disputes about parentage), for “Secretary of State” (in each
place where it occurs) substitute “Commission”.
19
In section 27 (applications for declaration of parentage) for “Secretary of
State” (in each place where it occurs) substitute “Commission”.
40
20
In section 27A (recovery of fees for scientific tests)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;