Select Committee on Delegated Powers and Regulatory Reform Third Report


Annex 1: Delegated Powers in the Bill

ClausePower Procedure
Part 1
3(2)Prescribe additional function for the Commission if necessary or expedient in relation to its objectives Negative
6(1)Prescribe the Commission's charging regime Affirmative
6(2)(a)Prescribe when a fee may be charged Affirmative
6(2)(b)Power to set out Commission's charging regime: amount which may be charged Affirmative
6(2)(c)Power to set out Commission's charging regime: information needed for determining amount to be charged Affirmative
6(2)(d)Prescribe who is liable to pay Affirmative
6(2)(e)Prescribe when fee is payable Affirmative
6(2)(f)Prescribe ability to recovery of fees Affirmative
6(2)(g)Prescribe ability to waive, reduce or repay of fees Affirmative
6(3)Prescribe for the charging of fees unrelated to costs Affirmative
6(4)(a)Provide that the provisions of the Child Support Act 1991 with respect to the collection of child support maintenance shall apply equally to fees, with any necessary modifications Affirmative
6(4)(b)Provide that the provisions of the Child Support Act 1991 with respect to the enforcement of any obligation to pay child support maintenance shall apply equally to fees, with any necessary modifications Affirmative
6(5)Provide for a person affected by a decision of the Commission concerning fees to have a right of appeal to an appeal tribunal. Negative
7(4)((b)Prescribe public bodies as 'relevant bodies' with whom the Commission may enter into an arrangement Negative
11(2)Prescribe when a child is/is not to be regarded as living apart from a parent Negative
Part 2
13(5)Prescribe persons to whom the Transfer of Undertakings (Protection of Earnings) Regulations 2006 will not apply when staff transfer to the Commission Negative
Part 3
17(2)Prescribe ability to make supersessions Affirmative where makes the type of provision described in 17(3)(a) or (b) in the first instance only
17(3)(a)Prescribe cases and circumstances when a supersession will immediately be made Affirmative in the first instance only
17(3)(b)Prescribe how an earlier unactioned change of circumstances is dealt with when a supersession is made Affirmative in the first instance only
17 (3)(c)Prescribe the procedures around supersessions Negative
19 29(4)(a)Require a deduction from earnings order not to be used as primary method of collection if there is good reason not to use a deduction from earnings order Negative
19 29(4)(b)Require a person against whom a deduction from earnings order is imposed as a primary means of collection to have the right of appeal to a magistrate's court Negative
19 29(5)(a)Prescribe matters which are not be taken into account in determining good reason for not imposing a deduction from earnings order Negative
19 29(5)(b)Prescribe circumstances which are not be taken into account in determining good reason for not imposing a deduction from earnings order Negative
201(8)Prescribe exceptions to definition of earnings to which a deduction from earnings order can be attached Negative
21 32B(1)Make provision around current account deduction orders Negative
21 32B(2)(a)Require an order to specify the amount in respect of which it is made Negative
21 32B(2)(b)Require an order to specify the amounts which are deducted under it to meet maintenance liabilities Negative
21 32B(2)(c)Require an order to specify the dates upon which deductions are to be made Negative
21 32B(2)(d)Prescribe the rate which the rate of deduction under an order must not exceed Negative
21 32B(2)(e)Define the circumstances in which money in a current account is to be disregarded Negative
21 32B(2)(f)Provide for the payment of sums deducted by an order to the Commission Negative
21 32B(2)(g)Allow the deposit-taker to deduct an amount towards administrative costs, and to define this amount Negative
21 32B(2)(h)Provide for the non-resident parent to be notified of amounts deducted and paid under an order Negative
21 32B(2)(i)Require the deposit-taker to notify the Commission in a prescribed manner and time limit if the account specified in the order does not exist, and of any other accounts held with the deposit-taker by the non-resident parent. Negative
21 32B(2)(j)Require the deposit-taker to notify the Commission in a prescribed manner and time limit if the account specified in the order is closed, and of any new accounts opened with the deposit-taker by the non-resident parent Negative
21 32B(2)(k)Provide for the circumstances in which an application for review may be made to the Commission Negative
21 32B(2)(l)Provide for the variation of orders Negative
21 32B(2)(m)Require the deposit-taker to comply with any variation to the order Negative
21 32B(2)(n)Provide for an order to lapse in certain circumstances, Negative
21 32B(2)(o)Provide for an order to be revived in certain circumstances Negative
21 32B(2)(p)Allow or require an order to be discharged Negative
21 32B(2)(q)Provide for the giving of notice by the Commission to the deposit-taker that an order has lapsed or ceased to have effect Negative
21 32B(3)(a)Provide for one current account deduction order to have priority over another current account deduction order made on the same account Negative
21 32B(3)(b)Provide for priority between a current account deduction order and any other order made on the same account (England and Wales) Negative
21 32B(3)(c)Provide for priority between a current account deduction order and any diligence made on the same account (Scotland) Negative
21 32B(4)(a)Provide for any person affected by a current account deduction order to have a right of appeal to a magistrates' court (in Scotland a sheriff) against the making of such an order Negative
21 32B(4)(b)Provide for any person affected by a current account deduction order to have a right of appeal to a magistrates' court (in Scotland a sheriff) against any decision made by the Commission around an application for review of such an order Negative
21 32B(6)(a)Provide for the period within which a right of appeal may be exercised Negative
21 32B(6)(b)Provide for the powers of a magistrates' court/sheriff in relation to an appeal Negative
21 32C(1)(b)Designate failure to comply with a regulation under 32B to be an offence Negative
22 32D(2)(b)Prescribe the amounts due or accruing to the non-resident parent from a third party against which a lump sum deduction order may be made Affirmative
22 32D(5)Prescribe exceptions to the power to prevent the third party from doing anything to reduce the amount held under an interim lump sum deduction order Negative
22 32D(9)Prescribe the period after which an interim lump sum deduction order shall cease to be in force Negative
22 32E(1)(b)Prescribe the period during which representations regarding an interim lump sum order may be made Negative
22 32E(8)Prescribe exceptions to the power to prevent the third party from doing anything to reduce the amount held under a final lump sum deduction order Negative
22 32F(3)Prescribe exceptions to the continuing power to prevent the third party from doing anything to reduce the amount held under a final lump sum deduction order if an amount of arrears remains unpaid after any payment required once the relevant period ends has been made Negative
22 32F(4)(c)Prescribe events or circumstances which will lead to the relevant period (during which time a final lump sum deduction order has effect) coming to an end Negative
22 32G(1)Make provisions around lump sum deduction orders Negative
22 32G(2)(a)Prescribe the conditions which are to be disregarded in determining whether amounts to which section 32D (2) applies are amounts due or accruing to the liable person Negative
22 32G(2)(b)Provide for the payment to the Commission of lump sum deductions Negative
22 32G(2)(c)Allow an amount to be deducted to cover administrative costs by the lump sum holder, in addition to maintenance arrears, and power to prescribe the amount deductible Negative
22 32G(2)(d)Provide for the giving of notification to the non-resident parent that a final lump sum deduction order has been made Negative
22 32G(2)(e)Require third party which deducts the lump sum to supply information to the Commission and to notify the Commission if certain events occur or circumstances arise Negative
22 32G(2)(f)Provide for a lump sum deduction order to be varied Negative
22 32G(2)(g)Allow a lump sum deduction order to lapse in certain circumstances Negative
22 32G(2)(h)Power to allow a lump sum deduction order to be revived in certain circumstances, and to define these circumstances Negative
22 32G(2)(i)Allow or require a lump sum deduction order to be discharged Negative
22 32G(4)Require the Commission's consent to be obtained in certain circumstances before things which would otherwise be in breach of sections 32D (3) (amount of arrears in respect of which order is made must be specified), 32E (6) (requirement preventing the third party from doing anything to reduce the amount held) and 32F (2)(b) and 3(b) (requirement continuing to prevent the third party from doing anything to reduce the amount held) may be done under regulations made under sections 32D (4), 32E (7) and 32F (4) Negative
22 32G(5)(a)Provide for one lump sum deduction order to have priority over another lump sum deduction order made on the same lump sum Negative
22 32G(5)(b)Provide for priority between a lump sum deduction order and any other order made on the lump sum (England and Wales) Negative
22 32G(5)(c)Provide for priority between a lump sum deduction order and any diligence made on the same account (Scotland) Negative
22 32G(6)Provide for any person affected by a final lump sum deduction order to have a right of appeal to a magistrates' court or sheriff Negative
22 32G(7)Provide for certain person's to have a right of appeal to a magistrates' court or sheriff if the Commission's consent is withheld where the Commission's consent is required in order to proceed. Negative
22 32G(9)(a)Prescribe the period within which a right of appeal may be exercised Negative
22 32G(9)(b)Prescribe the powers of a magistrates' court or sheriff in relation to an appeal Negative
22 32H(1)(a)Provide for failure to comply with a regulation under 32H to be an offence Negative
23 32I (3)Prescribe the time period which must expire before a liability order shall come into force Negative
23 32J (1)Make regulations around liability orders Negative
23 32J(2)(a)Prescribe the form and content of a liability order Negative
23 32J(2)(b)Provide for a liability order not to come into force if the whole of the amount has been paid before the prescribed time period ends Negative
23 32J(2)(c)Provide for the discharge of a liability order Negative
23 32J(2)(d)Provide for the revival of a liability order in certain circumstances, Negative
23 32K(4)(a)Prescribe the period which an appeal may be brought Negative
23 32K(4)(b)Define the powers of an appeals tribunal with respect to appeals Negative
25 39D(1)Prescribe the manner in which, and person to whom, a travel authorisation document is to be surrendered Negative
25 39D(3)Prescribe the circumstances in which a non-resident parent is to be regarded as good reason not to surrender a travel authorisation document Affirmative in the first instance only
25 39E(3)Prescribe the conditions within which a late appeal may be brought Affirmative in the first instance only
25 39G(1)Determine the amount which may be charged to the non-resident parent in administrative costs around the making of an order requiring the surrender of a travel authorisation document Negative
25 39G(2)Determine the amount which may be charged to the non-resident parent in legal costs around the making of an appeal against an order requiring the surrender of a travel authorisation document Negative
25 39I(1)(a)Make regulations around orders requiring the surrender of a travel authorisation document Affirmative in the first instance only
25 39I(1)(b)Make regulations around appeals against orders requiring the surrender of a travel authorisation document Affirmative in the first instance only
25 39I(1)(c)Make regulations around the recovery of the Commissions costs in relation to orders requiring the surrender of a travel authorisation document Affirmative in the first instance only
25 39I(2)(a)Prescribe the form and content of an order requiring the surrender of a travel authorisation document Affirmative in the first instance only
25 39I(2)(b)Prescribe the manner of the surrender of documents and the manner of their return Affirmative in the first instance only
25 39I(2)(c)Provide that a statement in writing from an employer shall be taken as evidence of the non-resident parent having been paid Affirmative in the first instance only
25 39I(2)(d)Permit or require a court to dismiss an appeal where the person has failed to appear at the appeal hearing Affirmative in the first instance only
25 39I(2)(e)Require a court to send notice to the Commission of any order made on an appeal Affirmative in the first instance only
25 39I(2)(f)Define the exercise by the Commission of the power to vary orders Affirmative in the first instance only
25 39I(2)(g)Prescribe for the revival of an order Affirmative in the first instance only
25 39I(2)(h)Provide for the circumstance in which an order to surrender a travel authorisation document is to have effect if the person against whom the order is made is outside of the UK Affirmative in the first instance only
26 39L(1)(a)Determine the amount which the Commission can charge to the non-resident parent in respect of the costs of an application for a curfew order Negative
26 39L(1)(b)Determine the amount which the Commission can charge to the non-resident parent in respect of the costs of monitoring compliance with a curfew order Negative
26 39O(4)(a)Define the cases and circumstances in which the monitoring officer may permit the non-resident parent to be in breach of the curfew order Negative
26 39O(4)(b)Prescribe the requirements which may imposed in relation to a permitted breach of a curfew order Negative
26 39R(1)Make regulations around curfew orders in England and Wales Affirmative in the first instance only
26 39R(2)(a)Prescribe the form and content of a curfew order Affirmative in the first instance only
26 39R(2)(b)Allow an application for a curfew order to be renewed where no curfew order has yet been made Affirmative in the first instance only
26 39R(2)(c)Provide that a statement in writing from an employer shall be taken as evidence of the non-resident parent having been paid Affirmative in the first instance only
26 39R(2)(d)Allow a justice of the peace to issue a summons to the non-resident parent to appear before a magistrates' court and if necessary a warrant for arrest Affirmative in the first instance only
26 39R(2)(e)Allow a justice of the peace to issue a warrant for the arrest of a non-resident parent without first issuing a summons Affirmative in the first instance only
26 39R(2)(f)Prescribe the manner of execution of a warrant for arrest Affirmative in the first instance only
26 39R(2)(g)Allow the amendment or revocation of requirements imposed by a curfew order application to a magistrates' court Affirmative in the first instance only
26 39R(2)(h)Provide for the recovery of costs, ordering of a search and making of safeguards around any emendation of a curfew order Affirmative in the first instance only
26 39R(2)(i)Provide for the exercise by a magistrates' court of the power to reduce the imprisonment period or order release if part of the outstanding liability is paid following committal to prison for breach of a curfew order Affirmative in the first instance only
26 39R(3)Allow a magistrates' court to substitute a place in Scotland for the place or places specified in a curfew order Affirmative in the first instance only
26 39S(1)Make regulations about curfew orders in Scotland Affirmative in the first instance only
26 39S(2)(a)Provide for the content of a curfew order Affirmative in the first instance only
26 39S(2)(b)Provide that a statement in writing from an employer shall be taken as evidence of the non-resident parent having been paid Affirmative in the first instance
26 39S(2)(c)Allow the amendment or revocation of requirements imposed by a curfew order application to the sheriff Affirmative in the first instance only
26 39S(2)(d)Provide for the recovery of costs, ordering of a search and making of safeguards around any emendation of a curfew order Affirmative in the first instance only
26 39S(2)(e)Provide for the exercise by the sheriff of the power to reduce the period of the curfew; begin the curfew at a later date; suspend the curfew order; revoke the order; reduce the imprisonment period or order release if part of the outstanding liability is paid following committal to prison for breach of a curfew order Affirmative in the first instance only
26 39S(3)Allow the sheriff to substitute a place in England or Wales for the place or places specified in a curfew order Affirmative in the first instance only
26 39S(5)(a)Provide for the form of a curfew order None
26 39S(5)(b)Allow an application for a curfew order to be renewed where no curfew order has yet been made None
26 39S(5)(c)Allow the sheriff to issue a summons to the non-resident parent to appear before them and if necessary issue a warrant for arrest None
26 39S(5)(d)Allow the sheriff to issue a warrant for the arrest of a non-resident parent without first issuing a summons None
26 39S(5)(e)Prescribe the manner of execution of a warrant for arrest None
29 41C(1)(a)Enable the Commission to set off liabilities to pay child support maintenance, and power to define the circumstances in which such off setting may take place Negative
29 41C(1)(a)Prescribe the circumstances in which off setting may take place Negative
29 41C(1)(b)Enable the Commission to set off liabilities to pay child support maintenance with certain other payments. Power to define the circumstances in which such off setting may take place. Negative
30 41D(2)Make regulations around the Commission's ability to accept part payment of arrears in full and final satisfaction Affirmative in the first instance
31 41E(1)(a)Prescribe the circumstances in which the Commission may write off areas of child maintenance Affirmative
31 41E(2)Provide for the Commission's exercise of its power to write off arrears of child maintenance Affirmative in the first instance
32 49A(1)Allow the Commission to enter into transfer arrangements to factor debt, and power to prescribe the circumstances in which debt may be so transferred Affirmative in the first instance
32 49A(3)(a)Specify when arrears of child maintenance may be transferred Affirmative in the first instance
49A(3)(b)Specify the description of person with whom transfer arrangements may be entered into Affirmative in the first instance
32 49A(3)(c)Specify the terms and conditions which transfer arrangements must include Affirmative in the first instance
32 49A(4)(a)Provide for the recovery of debt to which a person is entitled by virtue of transfer arrangements Affirmative in the first instance
32 49A(4)(b)Enable the Commission to prevent a person to whom debt has been transferred from taking steps to recover it, and power to define the circumstances in which this prevention may be used Affirmative in the first instance
32 49A(4)(c)Enable the Commission to supply certain information for the purposes of enabling a debt to be recovered to the person to whom the debt has been factored Affirmative in the first instance
35 42(2)(g)Prescribe split care cases as special cases Negative
36 43A(1)Provide for the recovery of child maintenance arrears from a deceased non-resident parent's estate Negative
36 43A(2)(a)Provide for arrears for which a deceased non-resident parent was liable to become debts payable out of the estate by the deceased's executor or administrator Negative
36 43A(2)(b)Provide for the amount of such arrears to be established Negative
36 43A(2)(c)Provide for the procedure in relation to claims on a deceased's estate Negative
36 43A(3)Provide for proceedings to be instituted, continued or withdrawn by the estate's administrator or executor Negative
37 49B(2)(c)Define the types of information which the Commission may pass to a credit reference agency Negative
39 55(1)(b)Define the conditions which must be met for a young person aged between 16 and 20 to be considered to be a child Negative
Part 4
43(3)(a)Prescribe the amount of a lump sum payable to a person with diffuse mesothelioma Affirmative
43(3)(b)Prescribe different amounts for different cases, classes of cases or circumstances Affirmative
44(1)(b)Provides that eligibility for a payment under a prescribed scheme will disqualify a person with mesothelioma for a payment Negative
44(1)(c)If necessary, prescribe the connections which a person with diffuse mesothelioma must have with the United Kingdom in order to qualify for a lump sum payment Negative
44(2)(b)Provides that eligibility for a payment under a prescribed scheme will disqualify a person with mesothelioma or a dependant for a payment Negative
44(2)(c)Prescribe the connections which a deceased person with diffuse mesothelioma must have had with the United Kingdom in order for their dependant(s) to qualify for compensation Negative
44(3)(f)Provides that a lump sum payment under this part cannot be made if a payment of a type prescribed by regulations has been paid Negative
44(4)(e)Provide that a payment is to be disregarded for the purposes of paying a lump sum to a mesothelioma sufferer or their dependant in such circumstances as may be prescribed Negative
44(1)Prescribe the manner in which, and period for which, a claim for a lump sum payment under clause 40 must be made Negative
45(2)Prescribe different periods for different cases, classes of cases or circumstances Negative
45(3)Provide that no claim may be made in cases where the prescribed period expired before the commencement of section 41, or would have expired but for a discretionary extension. Negative
46(2)(a)Prescribe the manner and period in which an application may be made to the Secretary of State for reconsideration of a determination that a payment should not be made Negative
46(2)(b)Prescribe the manner and period in which the Secretary of State may institute a reconsideration of a determination that a payment should not be made without an application Negative
47(4)(a)Provide for the manner in which, and the time within which, an appeal may be made to an appeals tribunal Negative
47(4)(b)Provide for the procedure to be followed in the event of an appeal to an appeals tribunal being made against a decision by the Secretary of State Negative
47(4)(c)Provide for an appeal to an appeals tribunal against a decision by the Secretary of State to be treated as an application for reconsideration of the decision Negative
51 1A(1)Provide for the recovery of an amount of a lump sum payment where a compensation payment in consequence of the same disease is made to or in respect of the person to whom or in respect of a lump sum payment has been made or is likely to be made Negative
51 1A(3)(a)Provide for the recovery of the amount of a lump sum payment made to or in respect of a dependent of the person to whom or in respect of a lump sum payment has been made or is likely to be made Negative
51 1A(3)(b)Provide for certificates in respect of lump sum payments Negative
51 1A(3)(c)Make provision enabling the recovery of an amount of a lump sum payment from a compensation payment Negative
51 1A(3)(d)Provide for the amount of a lump sum payment made before commencement to be recovered from a compensation payment made after commencement Negative
51 1A(3)(e)Apply any provisions of this Bill, with or without modifications Negative
Part 5
54(2)Make provision consequential to the Bill amending , repealing or revoking and provision of any instrument made under an Act before the passing of the Bill Negative
56(2)Provide for the 1991 Act, as amended by Schedule 3, to have effect, until the coming into force of section 15, with such modifications as are considered necessary Negative
56(3)Provide for sections 6 and 46 of the 1991 Act to have effect with such modifications as the Secretary of State considers expedient in anticipation of section 15 coming into force Negative
56(7)Make transitional provisions or savings in connection with the coming into force of any of the provisions of the Bill Negative
59(2)Set the day(s) upon which all sections of the Bill except sections 50, 54(7), 56, 57 and 58 are brought into force Negative
Schedule 4
5(2) 5A(6)(b)Define the kinds of agreement which constitute qualifying maintenance arrangements for the point of view of a maintenance calculation where the non-resident parent has other maintenance arrangements Affirmative in the first instance only
8(2)Prescribe how to determine how care of a qualifying child is to be shared Negative
8(3)Prescribe how to determine how many nights count for the purposes of a shared care calculation Negative
8(4) Enable the Commission to make an assumption about shared care for a set period. Affirmative in the first instance only
9 10(2)(a)Prescribe the determination of current income in certain circumstances by reference to income in a past period. Affirmative in the first instance only
9 10(2)(b)Allow the Commission to estimate income or make assumptions where information is unreliable, insufficient or relates to an atypical period in the life of the non-resident parent in question Affirmative in the first instance only
Schedule 5
2(1)Make regulations around the Commission's ability to require interested parties to choose whether or not to stay in the statutory scheme Negative
3(2)(a)Prescribe the time period within which decisions around the choice to stay in the statutory scheme must be made Negative
3(2)(b)Provide that a choice to stay in the statutory scheme shall be made by means of an application to the Commission Negative
3(2)(c)Prescribe the form and content of an application to the Commission Negative
5(1)Prescribe the method by which liability under an existing maintenance calculation or liability shall cease to accrue when a case transfers Negative
5(2)Prescribe the method by which liability under an application for a maintenance calculation or liability shall cease to accrue when a case transfers Negative
6(1)Make necessary or expedient provision for the purposes of, or in connection with, a decision not to leave the statutory scheme Negative
6(2)(a)Prescribe procedures in relation the determination of an application to stay in the statutory scheme Negative
6(2)(b)Provide for the application of the 1991 Act in relation to a maintenance calculation made in response to an application to stay in the statutory scheme Negative
6(2)(c)Define the circumstances in which liability under such a maintenance calculation is to be subject to a prescribed adjustment Negative
6(2)(c)Define the amount of this adjustment Negative
6(3)Enable the Commission to treat an outstanding application as withdrawn if none of the interested parties chooses to stay in the statutory scheme Negative
7Define the meaning of the term "interested parties" in the context of applications to the Commission Negative
Schedule 7
1(6)Provide for the enforcement in England, Wales and Scotland of a liability order made in Northern Ireland Negative
1(9)Provide for a statement in writing, made by or on behalf of a liable person's employer, that wages have been paid to the liable person to be taken as establishing that these wages have been paid. Negative
1(12)Provide for a statement in writing, made by or on behalf of a liable person's employer, that wages have been paid to the liable person to be taken as establishing that these wages have been paid. Negative
1(15)(1A)Define the kinds of employment to which the penalties for unauthorised disclosure of information apply Negative
1(15)(1C)Define the kinds of employment to which the penalties for unauthorised disclosure of information apply Negative
1(26)14(a)Provide for two or more applications to be treated in certain circumstances , as a single application, and power to define the circumstances in which this would occur Negative
1(26)14(b)Provide that in certain circumstances a maintenance calculation made on the application of one person will be replaced by a later maintenance calculation made on the application of that or any other person Negative
1(29)Provides that regulations may provide that paragraphs 2(2) and 5A(2) of schedule 7 may have effect as if different amounts were substituted for the amounts set out in these paragraphs. Affirmative
4(1)Define the ways in which information supplied to the Secretary of State or Northern Ireland department or a person providing services to either may be used for purposes relating to evaluation or statistical studies Negative



 
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