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 3 — Transfer of child support functions
Part 1 — Consequential amendments
65

(b)
for “him” (in each place where it occurs) substitute “it”.
21
In section 28 (power to initiate or defend actions of declarator), for
“Secretary of State” (in each place where it occurs, including the title)
substitute “Commission”.
22
In section 28ZA (decisions involving issues that arise on appeal in other
5
cases)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
(b)
for “he” (in each place where it occurs) substitute “it”;
(c)
for “his” substitute “its”.
10
23
In section 28ZB (appeals involving issues that arise on appeal in other
cases)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
(b)
for “he” (in both places where it occurs) substitute “the
15
Commission”;
(c)
for “him” substitute “the Commission”;
(d)
for “his” substitute “its”.
24
In section 28ZC (restrictions on liability in certain cases of error), for
“Secretary of State” (in each place where it occurs) substitute “Commission”.
20
25
In section 28A (application for variation of usual rules for calculating
maintenance), for “Secretary of State” (in each place where it occurs)
substitute “Commission”.
26    (1)
Section 28B (preliminary consideration of applications) is amended as
follows.
25
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”.
      (3)
In subsection (2)—
(a)
for “he” (in the first place where it occurs) substitute “the
30
Commission”;
(b)
for “he” (in each other place where it occurs) substitute “it”;
(c)
for “his” (in both places where it occurs) substitute “its”;
(d)
for “him” substitute “the Commission”.
27
In section 28C (imposition of regular payments condition), in subsections (1)
35
and (3) to (7)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
(b)
for “he” (in each place where it occurs) substitute “it”;
(c)
for “his” (in each place where it occurs) substitute “its”.
40
28
In section 28D (determination of applications)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
(b)
for “he” substitute “it”.
29
In section 28E (matters to be taken into account)—
45

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
66

(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
(b)
for “him” substitute “it”.
30
In section 28F (agreement to variation)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
5
“Commission”;
(b)
for “he” (in each place where it occurs) substitute “it”;
(c)
for “his” (in each place where it occurs) substitute “its”.
31
In section 28J (voluntary payments), in subsections (1), (2) and (4)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
10
“Commission”;
(b)
for “he” (in each place where it occurs) substitute “it”.
32    (1)
Section 29 (collection of child support maintenance) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” (in both places where it occurs) substitute
15
“Commission”;
(b)
in paragraph (b), for “him” substitute “it”.
      (3)
In subsection (3), for “Secretary of State” (in each place where it occurs)
substitute “Commission”.
33    (1)
Section 30 (collection and enforcement of other forms of maintenance) is
20
amended as follows.
      (2)
In subsections (1), (2) and (3)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
(b)
for “he” (in each place where it occurs) substitute “it”.
25
      (3)
In subsection (4)—
(a)
for “him” substitute “the Commission”;
(b)
for “he” (in the second place where it occurs) substitute “it”.
      (4)
In subsection (5)—
(a)
for “him” (in both places where it occurs) substitute “the
30
Commission”;
(b)
for “he” (in the first place where it occurs) substitute “it”.
34
In section 31 (deduction from earnings orders)—
(a)
for “Secretary of State” (in each place where it occurs) substitute
“Commission”;
35
(b)
in subsection (6), for “he” substitute “it”.
35
In section 32 (regulations about deduction from earnings orders), in
subsections (2) and (3), for “Secretary of State” (in each place where it occurs)
substitute “Commission”.
36
In section 33 (liability orders), for “Secretary of State” (in each place where it
40
occurs) substitute “Commission”.
37
In section 34 (regulations about liability orders), in subsections (1)(a) and (c)
and (2), for “Secretary of State” substitute “Commission”.

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
67

38    (1)
Section 35 (enforcement of liability orders by distress) is amended as
follows.
      (2)
In subsection (1), for “Secretary of State” substitute “Commission”.
      (3)
In subsection (3)—
(a)
for “Secretary of State” substitute “Commission”;
5
(b)
for “his” substitute “its”.
39
In section 37 (regulations about liability orders), in subsection (2), for
“Secretary of State” (in the second place where it occurs) substitute
“Commission”.
40
In section 38 (enforcement of liability orders by diligence), subsection (1) is
10
amended as follows—
(a)
in paragraph (a), for “Secretary of State” substitute “Commission”;
(b)
in paragraph (aa) (inserted by paragraph 18(a)(i) of schedule 5 to the
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)), for
“Secretary of State” substitute “Commission”;
15
(c)
in the words at the end, the reference to the Secretary of State (in
effect repealed by paragraph 18(a)(ii) of that schedule) has effect
until the coming into force of that paragraph as a reference to the
Commission.
41
In section 39A (commitment to prison and disqualification from driving)—
20
(a)
for “Secretary of State” (in both places where it occurs) substitute
“Commission”;
(b)
in subsections (1) and (4), for “he” substitute “it”.
42    (1)
Section 40B (disqualification from driving) is amended as follows.
      (2)
In subsections (5) to (8), for “Secretary of State” (in each place where it
25
occurs) substitute “Commission”.
      (3)
In subsection (9)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”.
43    (1)
Section 41 (arrears of child support maintenance) is amended as follows.
30
      (2)
In subsection (1), for “Secretary of State” substitute “Commission”.
      (3)
In subsection (2)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” (in both places where it occurs) substitute “it”.
      (4)
In subsection (6)—
35
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
44    (1)
Section 41A (penalty payments) is amended as follows.
      (2)
In subsection (1), for “him” substitute “the Commission”.
      (3)
In subsections (2) and (4), for “Secretary of State” substitute “Commission”.
40
      (4)
In subsection (6)—
(a)
for “Secretary of State” substitute “Commission”;

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 1 — Consequential amendments
68

(b)
for “he” substitute “it”.
45    (1)
Section 41B (repayment of overpaid child support maintenance) is amended
as follows.
      (2)
In subsection (1), for “Secretary of State” substitute “Commission”.
      (3)
In subsection (1A)—
5
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
      (4)
In subsection (2), for “Secretary of State” (in both places where it occurs)
substitute “Commission”.
      (5)
In subsection (3)—
10
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”;
(c)
for “him” substitute “it”.
      (6)
In subsections (4), (5) and (6)(a), for “Secretary of State” substitute
“Commission”.
15
      (7)
In subsection (9)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “him” substitute “it”.
46
In section 44 (jurisdiction), in subsection (1), for “Secretary of State”
substitute “Commission”.
20
47
In section 46 (reduced benefit decisions), in subsection (3)(a), for “Secretary
of State” substitute “Commission”.
48
In section 46A (finality of decisions), in subsection (1), after “decision of”
insert “the Commission,”.
49
In section 46B (matters arising as respects decisions), in subsection (1)(a), for
25
“Secretary of State” substitute “Commission”.
50
In section 48 (right of audience), in subsection (1), for “Secretary of State” (in
both places where it occurs) substitute “Commission”.
51
After section 50 insert—
“50A
Use of computers
30
Any decision falling to be made under or by virtue of this Act by the
Commission may be made, not only by a person authorised to
exercise the Commission’s decision-making function, but also by a
computer for whose operation such a person is responsible.”
52    (1)
Schedule 1 (maintenance calculations) is amended as follows.
35
      (2)
In paragraph 7(3), for “Secretary of State” substitute “Commission”.
      (3)
In paragraph 10(2)—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “his” substitute “its”.
      (4)
In paragraph 10B(a), for “Secretary of State” (in both places where it occurs)
40
substitute “Commission”.

Child Maintenance and Other Payments Bill
Schedule 3 — Transfer of child support functions
Part 2 — Transitional provision and savings
69

      (5)
In paragraphs 12 and 13, for “Secretary of State” substitute “Commission”.
      (6)
In paragraph 15—
(a)
for “Secretary of State” substitute “Commission”;
(b)
for “he” substitute “it”.
      (7)
In paragraph 16(10), for “Secretary of State” (in both places where it occurs)
5
substitute “Commission”.
53
In paragraph 4 of Schedule 4A, for “Secretary of State” (in both places where
it occurs) substitute “Commission”.
Social Security Act 1998 (c.14)
54
In paragraph 10 of Schedule 1 to the Social Security Act 1998 (c. 14) (report
10
on the standards achieved in the making of decisions against which an
appeal lies to an appeal tribunal), after “Secretary of State” (in the first and
second places where it occurs) insert “and the Child Maintenance and
Enforcement Commission”.
Part 2
15
Transitional provision and savings
55    (1)
Anything which—
(a)
relates to any function transferred to the Commission by virtue of
section 13, and
(b)
immediately before commencement, is in the process of being done
20
by or in relation to the Secretary of State,

may be continued by or in relation to the Commission.
      (2)
Anything done (or having effect as if done) by or in relation to the Secretary
of State before commencement for the purpose of, or in connection with, any
function transferred by virtue of section 13 shall, so far as is required for
25
continuing its effect after that time, have effect as if done by or in relation to
the Commission.
      (3)
Any enactment, instrument or other document has effect, so far as necessary
for the purposes of or in consequence of the transfer effected by section 13,
as if any reference to the Secretary of State were a reference to the
30
Commission.
      (4)
Nothing in section 13, this Schedule or Schedule 2 shall—
(a)
affect the validity of anything done by or in relation to the Secretary
of State before commencement;
(b)
affect the responsibility of the Secretary of State for anything done or
35
omitted before commencement;
(c)
enable legal proceedings relating to anything done or omitted before
commencement to be brought, or continued, against the
Commission.
      (5)
In this paragraph, “commencement” means the coming into force of section
40
13.