Part 1 E+W+SThe Child Maintenance and Enforcement Commission

1The Child Maintenance and Enforcement CommissionE+W+S

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Objectives of the CommissionE+W+S

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Functions of the Commission: generalE+W+S

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Promotion of child maintenanceE+W+S

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Provision of information and guidanceE+W+S

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6FeesE+W+S

(1)The Secretary of State may by regulations make provision about the charging of fees by the [F6Secretary of State] in connection with the exercise of its functions.

(2)Regulations under subsection (1) may, in particular, make provision—

(a)about when a fee may be charged;

(b)about the amount which may be charged;

(c)for the supply of information needed for the purpose of determining the amount which may be charged;

(d)about who is liable to pay any fee charged[F7(including provision for the apportionment of fees and the matters to be taken into account in determining an apportionment)];

(e)about when any fee charged is payable;

(f)about the recovery of fees charged;

(g)about F8..., reduction or repayment of fees.

[F9(h)about waiver of fees (including the matters to be taken into account in determining a waiver).]

(3)The power conferred by subsection (1) includes power to make provision for the charging of fees which are not related to costs.

[F10(3A)The Secretary of State must review the effect of the first regulations made under subsection (1).

(3B)The review must take place before the end of the period of 30 months beginning with the day on which those regulations come into force.

(3C)After the review, the Secretary of State must make and publish a report containing—

(a)the conclusions of the review, and

(b)a statement as to what the Secretary of State proposes to do in view of those conclusions.

(3D)The report must be laid before Parliament by the Secretary of State.]

(4)The Secretary of State may by regulations provide that the provisions of the Child Support Act 1991 (c. 48) with respect to—

(a)the collection of child support maintenance,

(b)the enforcement of any obligation to pay child support maintenance,

shall apply equally (with any necessary modifications) to fees payable by virtue of regulations under subsection (1).

(5)The Secretary of State may by regulations make provision for a person affected by a decision of the [F6Secretary of State] under regulations under subsection (1) to have a right of appeal against the decision to [F11the First-tier Tribunal].

(6)Subsections (3) to (5), (7) and (8) of section 20 of the Child Support Act 1991 (appeals to [F12First-tier Tribunal]) apply to appeals under regulations under subsection (5) as they apply to appeals under that section.

(7)The [F13Secretary of State] shall pay into the Consolidated Fund any amount which [F14the Secretary of State] receives in respect of fees charged by [F14the Secretary of State] under regulations under this section.

7Agency arrangements and provision of servicesE+W+S

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Contracting outE+W+S

(1)Any function of the [F16Secretary of State relating to child support] may be exercised by, or by employees of, such person (if any) as the [F17Secretary of State] may authorise for the purpose.

(2)An authorisation given by virtue of subsection (1) may authorise the exercise of the function concerned—

(a)either wholly or to such extent as may be specified in the authorisation,

(b)either generally or in such cases or areas as may be so specified, and

(c)either unconditionally or subject to the fulfilment of such conditions as may be so specified.

(3)An authorisation given by virtue of subsection (1)—

(a)may specify its duration,

(b)may be revoked at any time by the [F18Secretary of State], and

(c)shall not prevent the [F18Secretary of State] or any other person from exercising the function to which the authorisation relates.

(4)Where a person is authorised to exercise any function by virtue of subsection (1), anything done or omitted to be done by or in relation to that person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the [F18Secretary of State].

(5)Subsection (4) shall not apply—

(a)for the purposes of so much of any contract made between the authorised person and the [F18Secretary of State] as relates to the exercise of the function, or

(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

(6)Where—

(a)a person is authorised to exercise any function by virtue of subsection (1), and

(b)the authorisation is revoked at a time when a relevant contract is subsisting,

the authorised person shall be entitled to treat the relevant contract as repudiated by the [F18Secretary of State](and not as frustrated by reason of the revocation).

(7)In subsection (6), the reference to a relevant contract is to so much of any contract made between the authorised person and the [F18Secretary of State] as relates to the exercise of the function.

9Annual report to Secretary of StateE+W+S

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Directions and guidanceE+W+S

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Review of the status of the CommissionE+W+S

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Supplementary provisionsE+W+S

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23F23 Part 2 E+W+STransfer of child support functions etc. to the Commission

13Transfer of child support functionsE+W+S

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Transfer of property, rights and liabilitiesE+W+S

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 U.K.Child support etc.

Removal of compulsion for benefit claimantsE+W+S

15Repeal of sections 6 and 46E+W+S

The following provisions of the Child Support Act 1991 (c. 48) cease to have effect—

(a)section 6 (under which the claim of benefit by or in respect of a parent with care, or the payment of benefit to or in respect of such a person, triggers an application by her or him for child support maintenance), and

(b)section 46 (which enables the Secretary of State in certain circumstances to reduce the benefit of a person in relation to whom section 6 triggers the making of an application for child support maintenance).

Maintenance calculationsE+W+S

16Changes to the calculation of maintenanceE+W+S

Schedule 4 (which makes various changes to the provisions about the calculation of maintenance) has effect.

17Power to regulate supersessionE+W+S

In section 17 of the Child Support Act 1991 (c. 48) (decisions superseding earlier decisions), for subsections (2) and (3) substitute—

“(2)The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).

(3)Regulations under subsection (2) may, in particular—

(a)make provision about the cases and circumstances in which the power under subsection (1) is exercisable, including provision restricting the exercise of that power by virtue of change of circumstance;

(b)make provision with respect to the consideration by the [F26Secretary of State], when acting under subsection (1), of any issue which has not led to [F27the Secretary of State's] so acting;

(c)make provision with respect to procedure in relation to the exercise of the power under subsection (1).”

18Determination of applications for a variationE+W+S

(1)Section 28D of the Child Support Act 1991 is amended as follows.

(2)After subsection (2) insert—

“(2A)Subsection (2B) applies if—

(a)the application for a variation is made by the person with care or (in the case of an application for a maintenance calculation under section 7) the person with care or the child concerned, and

(b)it appears to the [F28Secretary of State] that consideration of further information or evidence may affect [F29the] decision under subsection (1)(a) whether or not to agree to a variation.

(2B)Before making the decision under subsection (1)(a) the [F30Secretary of State] must—

(a)consider any such further information or evidence that is available to [F31the Secretary of State], and

(b)where necessary, take such steps as the [F30Secretary of State] considers appropriate to obtain any such further information or evidence.”

(3)In subsection (3), after “duties” insert “ , apart from the duty under subsection (2B) ”.

19Transfer of cases to new rulesE+W+S

Schedule 5 (which makes provision for, and in connection with, enabling the Commission to require existing cases to transfer to the new maintenance calculation rules or to leave the statutory scheme, so far as future accrual of liability is concerned) has effect.

Collection and enforcementE+W+S

20Use of deduction from earnings orders as basic method of paymentE+W+S

In section 29 of the Child Support Act 1991 (c. 48) (under which payments of child support maintenance are to be made in accordance with regulations) at the end insert—

“(4)If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they must make provision—

(a)for that method of payment not to be used in any case where there is good reason not to use it; and

(b)for the person against whom the order under section 31 would be made to have a right of appeal to a magistrates' court (or, in Scotland, to the sheriff) against a decision that the exclusion required by paragraph (a) does not apply.

(5)On an appeal under regulations made under subsection (4)(b) the court or (as the case may be) the sheriff shall not question the maintenance calculation by reference to which the order under section 31 would be made.

(6)Regulations under subsection (4)(b) may include—

(a)provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b)provision with respect to the powers of a magistrates' court (or, in Scotland, of the sheriff) in relation to an appeal under the regulations.

(7)If the regulations include provision for payment by means of deduction in accordance with an order under section 31, they may make provision—

(a)prescribing matters which are, or are not, to be taken into account in determining whether there is good reason not to use that method of payment;

(b)prescribing circumstances in which good reason not to use that method of payment is, or is not, to be regarded as existing.”

22Orders for regular deductions from accountsE+W+S

After section 32 of the Child Support Act 1991 (c. 48) insert—

“32AOrders for regular deductions from accounts

(1)If in relation to any person it appears to the Commission—

(a)that the person has failed to pay an amount of child support maintenance; and

(b)that the person holds an account with a deposit-taker;

it may make an order against that person to secure the payment of any amount due under the maintenance calculation in question by means of regular deductions from the account.

(2)An order under this section may be made so as to secure the payment of—

(a)arrears of child support maintenance payable under the calculation;

(b)amounts of child support maintenance which will become payable under the calculation; or

(c)both such arrears and such future amounts.

(3)An order under this section may be made in respect of amounts due under a maintenance calculation which is the subject of an appeal only if it appears to the Commission—

(a)that liability for the amounts would not be affected were the appeal to succeed; or

(b)where paragraph (a) does not apply, that the making of an order under this section in respect of the amounts would nonetheless be fair in all the circumstances.

(4)An order under this section—

(a)may not be made in respect of an account of a prescribed description; and

(b)may be made in respect of a joint account which is held by the person against whom the order is made and one or more other persons, and which is not of a description prescribed under paragraph (a), if (but only if) regulations made by the Secretary of State so provide.

(5)An order under this section—

(a)shall specify the account in respect of which it is made;

(b)shall be expressed to be directed at the deposit-taker with which the account is held; and

(c)shall have effect from such date as may be specified in the order.

(6)An order under this section shall operate as an instruction to the deposit-taker at which it is directed to—

(a)make deductions from the amount (if any) standing to the credit of the account specified in the order; and

(b)pay the amount deducted to the Commission.

(7)The Commission shall serve a copy of any order made under this section on—

(a)the deposit-taker at which it is directed;

(b)the person against whom it is made; and

(c)if the order is made in respect of a joint account, the other account-holders.

(8)Where—

(a)an order under this section has been made; and

(b)a copy of the order has been served on the deposit-taker at which it is directed,

it shall be the duty of that deposit-taker to comply with the order; but the deposit-taker shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the day on which the copy was served on the deposit-taker.

(9)Where regulations have been made under section 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this section to have failed to pay an amount of child support maintenance unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.

32BOrders under section 32A: joint accounts

(1)Before making an order under section 32A in respect of a joint account the Commission shall offer each of the account-holders an opportunity to make representations about—

(a)the proposal to make the order; and

(b)the amounts to be deducted under the order, if it is made.

(2)The amounts to be deducted from a joint account under such an order shall not exceed the amounts that appear to the Commission to be fair in all the circumstances.

(3)In determining those amounts the Commission shall have particular regard to—

(a)any representations made in accordance with subsection (1)(b);

(b)the amount contributed to the account by each of the account-holders; and

(c)such other matters as may be prescribed.

32CRegulations about orders under section 32A

(1)The Secretary of State may by regulations make provision with respect to orders under section 32A.

(2)Regulations under subsection (1) may, in particular, make provision—

(a)requiring an order to specify the amount or amounts in respect of which it is made;

(b)requiring an order to specify the amounts which are to be deducted under it in order to meet liabilities under the maintenance calculation in question;

(c)requiring an order to specify the dates on which deductions are to be made under it;

(d)for the rate of deduction under an order not to exceed such rate as may be specified in, or determined in accordance with, the regulations;

(e)as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of section 32A;

(f)as to the payment of sums deducted under an order to the Commission;

(g)allowing the deposit-taker at which an order is directed to deduct from the amount standing to the credit of the account specified in the order a prescribed amount towards its administrative costs before making any deduction required by section 32A(6)(a);

(h)with respect to notifications to be given to the person against whom an order is made (and, in the case of an order made in respect of a joint account, to the other account-holders) of amounts deducted, and amounts paid, under the order;

(i)requiring the deposit-taker at which an order is directed to notify the Commission in the prescribed manner and within a prescribed period—

(i)if the account specified in the order does not exist at the time at which the order is served on the deposit-taker;

(ii)of any other accounts held with the deposit-taker at that time by the person against whom the order is made;

(j)requiring the deposit-taker at which an order is directed to notify the Commission in the prescribed manner and within a prescribed period if, after the time at which the order is served on the deposit-taker—

(i)the account specified in the order is closed;

(ii)a new account of any description is opened with the deposit-taker by the person against whom the order is made;

(k)as to circumstances in which the deposit-taker at which an order is directed, the person against whom the order is made and (in the case of an order made in respect of a joint account) the other account-holders may apply to the Commission for it to review the order and as to such a review;

(l)for the variation of orders;

(m)similar to that made by section 32A(8), in relation to any variation of an order;

(n)for an order to lapse in such circumstances as may be prescribed;

(o)as to the revival of an order in such circumstances as may be prescribed;

(p)allowing or requiring an order to be discharged;

(q)as to the giving of notice by the Commission to the deposit-taker that an order has lapsed or ceased to have effect.

(3)The Secretary of State may by regulations make provision with respect to priority as between an order under section 32A and—

(a)any other order under that section;

(b)any order under any other enactment relating to England and Wales which provides for deductions from the same account;

(c)any diligence done in Scotland against the same account.

(4)The Secretary of State shall by regulations make provision for any person affected to have a right to appeal to a court—

(a)against the making of an order under section 32A;

(b)against any decision made by the Commission on an application under regulations made under subsection (2)(k).

(5)On an appeal under regulations made under subsection (4)(a), the court shall not question the maintenance calculation by reference to which the order was made.

(6)Regulations under subsection (4) may include—

(a)provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b)provision with respect to the powers of the court to which the appeal under the regulations lies.

32DOrders under section 32A: offences

(1)A person who fails to comply with the requirements of—

(a)an order under section 32A, or

(b)any regulation under section 32C which is designated by the regulations for the purposes of this paragraph,

commits an offence.

(2)It shall be a defence for a person charged with an offence under subsection (1) to prove that the person took all reasonable steps to comply with the requirements in question.

(3)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.”

23Lump sum deduction ordersE+W+S

After section 32D of the Child Support Act 1991 (c. 48) (inserted by section 22 of this Act) insert—

“32ELump sum deductions: interim orders

(1)The Commission may make an order under this section if it appears to the Commission that a person (referred to in this section and sections 32F to 32J as “the liable person”) has failed to pay an amount of child support maintenance and—

(a)an amount stands to the credit of an account held by the liable person with a deposit-taker; or

(b)an amount not within paragraph (a) that is of a prescribed description is due or accruing to the liable person from another person (referred to in this section and sections 32F to 32J as the “third party”).

(2)An order under this section—

(a)may not be made by virtue of subsection (1)(a) in respect of an account of a prescribed description; and

(b)may be made by virtue of subsection (1)(a) in respect of a joint account which is held by the liable person and one or more other persons, and which is not of a description prescribed under paragraph (a) of this subsection, if (but only if) regulations made by the Secretary of State so provide.

(3)The Secretary of State may by regulations make provision as to conditions that are to be disregarded in determining whether an amount is due or accruing to the liable person for the purposes of subsection (1)(b).

(4)An order under this section—

(a)shall be expressed to be directed at the deposit-taker or third party in question;

(b)if made by virtue of subsection (1)(a), shall specify the account in respect of which it is made; and

(c)shall specify the amount of arrears of child support maintenance in respect of which the Commission proposes to make an order under section 32F.

(5)An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Commission—

(a)that liability for the amount would not be affected were the appeal to succeed; or

(b)where paragraph (a) does not apply, that the making of an order under section 32F in respect of the amount would nonetheless be fair in all the circumstances.

(6)The Commission shall serve a copy of any order made under this section on—

(a)the deposit-taker or third party at which it is directed;

(b)the liable person; and

(c)if the order is made in respect of a joint account, the other account-holders.

(7)An order under this section shall come into force at the time at which it is served on the deposit-taker or third party at which it is directed.

(8)An order under this section shall cease to be in force at the earliest of the following—

(a)the time at which the prescribed period ends;

(b)the time at which the order under this section lapses or is discharged; and

(c)the time at which an order under section 32F made in pursuance of the proposal specified in the order under this section is served on the deposit-taker or third party at which that order is directed.

(9)Where regulations have been made under section 29(3)(a), a person liable to pay an amount of child support maintenance is to be taken for the purposes of this section to have failed to pay the amount unless it is paid to or through the person specified in, or by virtue of, the regulations for the case in question.

32FLump sum deductions: final orders

(1)The Commission may make an order under this section in pursuance of a proposal specified in an order under section 32E if—

(a)the order in which the proposal was specified (“the interim order”) is in force;

(b)the period prescribed for the making of representations to the Commission in respect of the proposal specified in the interim order has expired; and

(c)the Commission has considered any representations made to it during that period.

(2)An order under this section—

(a)shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;

(b)if the interim order was made by virtue of section 32E(1)(a), shall specify the account specified in the interim order; and

(c)shall specify the amount of arrears of child support maintenance in respect of which it is made.

(3)The amount so specified—

(a)shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this section is made; and

(b)if the order is made in respect of a joint account, shall not exceed the amount that appears to the Commission to be fair in all the circumstances.

(4)In determining the amount to be specified in an order made in respect of a joint account the Commission shall have particular regard—

(a)to the amount contributed to the account by each of the account-holders; and

(b)to such other matters as may be prescribed.

(5)An order under this section may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Commission—

(a)that liability for the amount would not be affected were the appeal to succeed; or

(b)where paragraph (a) does not apply, that the making of an order under this section in respect of the amount would nonetheless be fair in all the circumstances.

(6)The Commission shall serve a copy of any order made under this section on—

(a)the deposit-taker or third party at which it is directed;

(b)the liable person; and

(c)if the order is made in respect of a joint account, the other account-holders.

32GOrders under sections 32E and 32F: freezing of accounts etc.

(1)During the relevant period, an order under section 32E or 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker not to do anything that would reduce the amount standing to the credit of the account below the amount specified in the order (or, if already below that amount, that would further reduce it).

(2)During the relevant period, any other order under section 32E or 32F shall operate as an instruction to the third party at which it is directed not to do anything that would reduce the amount due to the liable person below the amount specified in the order (or, if already below that amount, that would further reduce it).

(3)Subsections (1) and (2) have effect subject to regulations made under section 32I(1).

(4)In this section “the relevant period”, in relation to an order under section 32E, means the period during which the order is in force.

(5)In this section and section 32H “the relevant period”, in relation to an order under section 32F, means the period which—

(a)begins with the service of the order on the deposit-taker or third party at which it is directed; and

(b)(subject to subsection (6)) ends with the end of the period during which an appeal can be brought against the order by virtue of regulations under section 32J(5).

(6)If an appeal is brought by virtue of the regulations, the relevant period ends at the time at which—

(a)proceedings on the appeal (including any proceedings on a further appeal) have been concluded; and

(b)any period during which a further appeal may ordinarily be brought has ended.

(7)References in this section and sections 32H and 32J to the amount due to the liable person are to be read as references to the total of any amounts within section 32E(1)(b) that are due or accruing to the liable person from the third party in question.

32HOrders under section 32F: deductions and payments

(1)Once the relevant period has ended, an order under section 32F which specifies an account held with a deposit-taker shall operate as an instruction to the deposit-taker—

(a)if the amount standing to the credit of the account is less than the remaining amount, to pay to the Commission the amount standing to the credit of the account; and

(b)otherwise, to deduct from the account and pay to the Commission the remaining amount.

(2)If an amount of arrears specified in the order remains unpaid after any payment required by subsection (1) has been made, the order shall operate until the relevant time as an instruction to the deposit-taker—

(a)to pay to the Commission any amount (not exceeding the remaining amount) standing to the credit of the account specified in the order; and

(b)not to do anything else that would reduce the amount standing to the credit of the account.

(3)Once the relevant period has ended, any other order under section 32F shall operate as an instruction to the third party at which it is directed—

(a)if the amount due to the liable person is less than the remaining amount, to pay to the Commission the amount due to the liable person; and

(b)otherwise, to deduct from the amount due to the liable person and pay to the Commission the remaining amount.

(4)If an amount of arrears specified in the order remains unpaid after any payment required by subsection (3) has been made, the order shall operate until the relevant time as an instruction to the third party—

(a)to pay to the Commission any amount (not exceeding the remaining amount) due to the liable person; and

(b)not to do anything else that would reduce any amount due to the liable person.

(5)This section has effect subject to regulations made under sections 32I(1) and 32J(2)(c).

(6)In this section—

• “the relevant time” means the earliest of the following—

  (a)

  the time at which the remaining amount is paid;

  (b)

  the time at which the order lapses or is discharged; and

  (c)

  the time at which a prescribed event occurs or prescribed circumstances arise;

• “the remaining amount”, in relation to any time, means the amount of arrears specified in the order under section 32F which remains unpaid at that time.

32IPower to disapply sections 32G(1) and (2) and 32H(2)(b) and (4)(b)

(1)The Secretary of State may by regulations make provision as to circumstances in which things that would otherwise be in breach of sections 32G(1) and (2) and 32H(2)(b) and (4)(b) may be done.

(2)Regulations under subsection (1) may require the Commission's consent to be obtained in prescribed circumstances.

(3)Regulations under subsection (1) which require the Commission's consent to be obtained may provide for an application for that consent to be made—

(a)by the deposit-taker or third party at which the order under section 32E or 32F is directed;

(b)by the liable person; and

(c)if the order is made in respect of a joint account, by any of the other account-holders.

(4)If regulations under subsection (1) require the Commission's consent to be obtained, the Secretary of State shall by regulations provide for a person of a prescribed description to have a right of appeal to a court against the withholding of that consent.

(5)Regulations under subsection (4) may include—

(a)provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b)provision with respect to the powers of the court to which the appeal under the regulations lies.

32JRegulations about orders under section 32E or 32F

(1)The Secretary of State may by regulations make provision with respect to orders under section 32E or 32F.

(2)The regulations may, in particular, make provision—

(a)as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of sections 32E, 32G and 32H;

(b)as to the payment to the Commission of sums deducted under an order under section 32F;

(c)allowing a deposit-taker or third party at which an order under section 32F is directed to deduct from the amount standing to the credit of the account specified in the order, or due to the liable person, a prescribed amount towards its administrative costs before making any payment to the Commission required by section 32H;

(d)with respect to notifications to be given to the liable person (and, in the case of an order made in respect of a joint account, to the other account-holders) as to amounts deducted, and amounts paid, under an order under section 32F;

(e)requiring a deposit-taker or third party at which an order under section 32E or 32F is directed to supply information of a prescribed description to the Commission, or to notify the Commission if a prescribed event occurs or prescribed circumstances arise;

(f)for the variation of an order under section 32E or 32F;

(g)for an order under section 32E or 32F to lapse in such circumstances as may be prescribed;

(h)as to the revival of an order under section 32E or 32F in such circumstances as may be prescribed;

(i)allowing or requiring an order under section 32E or 32F to be discharged.

(3)Where regulations under subsection (1) make provision for the variation of an order under section 32E or 32F, the power to vary the order shall not be exercised so as to increase the amount of arrears of child support maintenance specified in the order.

(4)The Secretary of State may by regulations make provision with respect to priority as between an order under section 32F and—

(a)any other order under that section;

(b)any order under any other enactment relating to England and Wales which provides for payments to be made from amounts to which the order under section 32F relates;

(c)any diligence done in Scotland against amounts to which the order under section 32F relates.

(5)The Secretary of State shall by regulations make provision for any person affected by an order under section 32F to have a right to appeal to a court against the making of the order.

(6)On an appeal under regulations under subsection (5), the court shall not question the maintenance calculation by reference to which the order under section 32F was made.

(7)Regulations under subsection (5) may include—

(a)provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b)provision with respect to the powers of the court to which the appeal under the regulations lies.

32KLump sum deduction orders: offences

(1)A person who fails to comply with the requirements of—

(a)an order under section 32E or 32F; or

(b)any regulation under section 32J which is designated by the regulations for the purposes of this paragraph,

commits an offence.

(2)It shall be a defence for a person charged with an offence under subsection (1) to prove that the person took all reasonable steps to comply with the requirements in question.

(3)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level two on the standard scale.”

24Orders preventing avoidanceE+W+S

After section 32K of the Child Support Act 1991 (inserted by section 23 of this Act) insert—

“32LOrders preventing avoidance

(1)The Commission may apply to the court, on the grounds that a person—

(a)has failed to pay an amount of child support maintenance, and

(b)with the intention of avoiding payment of child support maintenance, is about to make a disposition or to transfer out of the jurisdiction or otherwise deal with any property,

for an order restraining or, in Scotland, interdicting the person from doing so.

(2)The Commission may apply to the court, on the grounds that a person—

(a)has failed to pay an amount of child support maintenance, and

(b)with the intention of avoiding payment of child support maintenance, has at any time made a reviewable disposition,

for an order setting aside or, in Scotland, reducing the disposition.

(3)If the court is satisfied of the grounds mentioned in subsection (1) or (2) it may make an order under that subsection.

(4)Where the court makes an order under subsection (1) or (2) it may make such consequential provision by order or directions as it thinks fit for giving effect to the order (including provision requiring the making of any payments or the disposal of any property).

(5)Any disposition is a reviewable disposition for the purposes of subsection (2), unless it was made for valuable or, in Scotland, adequate consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of an intention to avoid payment of child support maintenance.

(6)Subsection (7) applies where an application is made under this section with respect to—

(a)a disposition or other dealing with property which is about to take place, or

(b)a disposition which took place after the making of the application on which the maintenance calculation concerned was made.

(7)If the court is satisfied—

(a)in a case falling within subsection (1), that the disposition or other dealing would (apart from this section) have the consequence of making ineffective a step that has been or may be taken to recover the amount outstanding, or

(b)in a case falling within subsection (2), that the disposition has had that consequence,

it is to be presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of avoiding payment of child support maintenance.

(8)In this section “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.

(9)This section does not apply to a disposition made before the coming into force of section 24 of the Child Maintenance and Other Payments Act 2008.

(10)In this section “the court” means—

(a)in relation to England and Wales, the High Court;

(b)in relation to Scotland, the Court of Session or the sheriff.

(11)An order under this section interdicting a person—

(a)is effective for such period (including an indefinite period) as the order may specify;

(b)may, on application to the court, be varied or recalled.”

Debt management powersE+W+S

31Power to treat liability as satisfiedE+W+S

After section 41B of the Child Support Act 1991 (c. 48) insert—

“41CPower to treat liability as satisfied

(1)The Secretary of State may by regulations—

(a)make provision enabling the Commission in prescribed circumstances to set off liabilities to pay child support maintenance to which this section applies;

(b)make provision enabling the Commission in prescribed circumstances to set off against a person's liability to pay child support maintenance to which this section applies a payment made by the person which is of a prescribed description.

(2)Liability to pay child support maintenance shall be treated as satisfied to the extent that it is the subject of setting off under regulations under subsection (1).

(3)In subsection (1), the references to child support maintenance to which this section applies are to child support maintenance for the collection of which the Commission is authorised to make arrangements.”

32Power to accept part payment of arrears in full and final satisfactionE+W+S

After section 41C of the Child Support Act 1991 (inserted by section 31 of this Act) insert—

“41DPower to accept part payment of arrears in full and final satisfaction

(1)The [F58Secretary of State] may, in relation to any arrears of child support maintenance, accept payment of part in satisfaction of liability for the whole.

(2)The Secretary of State must by regulations make provision with respect to the exercise of the power under subsection (1).

(3)The regulations must provide that unless one of the conditions in subsection (4) is satisfied the [F58Secretary of State] may not exercise the power under subsection (1) without the appropriate consent.

(4)The conditions are—

(a)that the [F59Secretary of State] would be entitled to retain the whole of the arrears under section 41(2) if [F60Secretary of State] recovered them;

(b)that the [F59Secretary of State] would be entitled to retain part of the arrears under section 41(2) if [F60Secretary of State] recovered them, and the part of the arrears that the [F59Secretary of State] would not be entitled to retain is equal to or less than the payment accepted under subsection (1).

(5)Unless the maintenance calculation was made under section 7, the appropriate consent is the written consent of the person with care with respect to whom the maintenance calculation was made.

(6)If the maintenance calculation was made under section 7, the appropriate consent is—

(a)the written consent of the child who made the application under section 7(1), and

(b)if subsection (7) applies, the written consent of the person with care of that child.

(7)This subsection applies if—

(a)the maintenance calculation was made under section 7(2), or

(b)the Secretary of State has made arrangements under section 7(3) on the application of the person with care.”

33Power to write off arrearsE+W+S

After section 41D of the Child Support Act 1991 (c. 48) (inserted by section 32 of this Act) insert—

“41EPower to write off arrears

(1)The [F61Secretary of State] may extinguish liability in respect of arrears of child support maintenance if it appears to [F62the Secretary of State]—

(a)that the circumstances of the case are of a description specified in regulations made by the Secretary of State, and

(b)that it would be unfair or otherwise inappropriate to enforce liability in respect of the arrears.

(2)The Secretary of State may by regulations make provision with respect to the exercise of the power under subsection (1).”

MiscellaneousU.K.

35Registered maintenance agreements: ScotlandE+W+S

(1)In section 4(10) of the Child Support Act 1991 (c. 48) (exclusion of application for maintenance calculation), after paragraph (aa) insert—

“(ab)a maintenance agreement—

(i)made on or after the date prescribed for the purposes of paragraph (a); and

(ii)registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or”.

(2)In section 7(10) of that Act (exclusion of application by child in Scotland for maintenance calculation), at the end of paragraph (b) insert “; or

(c)a maintenance agreement—

(i)made on or after the date prescribed for the purposes of paragraph (a); and

(ii)registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.”

(3)In section 9(3) of that Act (agreements about maintenance), after “4(10)(a)” insert “ and (ab) ”.

36Offence of failing to notify change of addressE+W+S

(1)In section 14A of the Child Support Act 1991 (information_offences), after subsection (3) insert—

“(3A)In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify a change of address, a person who fails to comply with the requirement is guilty of an offence.”

(2)In that section, in subsection (4), after “subsection (3)” insert “ or (3A) ”.

37Additional special caseE+W+S

In section 42(2) of the Child Support Act 1991 (examples of cases in relation to which the power under subsection (1) to prescribe circumstances in which a case is to be treated as a special case for the purposes of the Act may be exercised), at the end insert—

“(g)the same persons are the parents of two or more children and each parent is—

(i)a non-resident parent in relation to one or more of the children, and

(ii)a person with care in relation to one or more of the children.”

38Recovery of arrears from deceased's estateE+W+S

After section 43 of the Child Support Act 1991 (c. 48) insert—

“43ARecovery of arrears from deceased's estate

(1)The Secretary of State may by regulations make provision for the recovery from the estate of a deceased person of arrears of child support maintenance for which the deceased person was liable immediately before death.

(2)Regulations under subsection (1) may, in particular—

(a)make provision for arrears of child support maintenance for which a deceased person was so liable to be a debt payable by the deceased's executor or administrator out of the deceased's estate to the Commission;

(b)make provision for establishing the amount of any such arrears;

(c)make provision about procedure in relation to claims under the regulations.

(3)Regulations under subsection (1) may include provision for proceedings (whether by appeal or otherwise) to be instituted, continued or withdrawn by the deceased's executor or administrator.”

41Pilot schemesE+W+S

After section 51 of the Child Support Act 1991 insert—

“51APilot schemes

(1)Any regulations made under this Act may be made so as to have effect for a specified period not exceeding 24 months.

(2)Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.

(3)A pilot scheme may provide that its provisions are to apply only in relation to—

(a)one or more specified areas or localities;

(b)one or more specified classes of person;

(c)persons selected by reference to prescribed criteria, or on a sampling basis.

(4)A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5)A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.”

42Meaning of “child”E+W+S

For section 55 of the Child Support Act 1991 (c. 48) substitute—

“55Meaning of “child”

(1)In this Act, “child” means (subject to subsection (2)) a person who—

(a)has not attained the age of 16, or

(b)has not attained the age of 20 and satisfies such conditions as may be prescribed.

(2)A person who is or has been party to a marriage or civil partnership is not a child for the purposes of this Act.

(3)For the purposes of subsection (2), “marriage” and “civil partnership” include a void marriage and a void civil partnership respectively.”

43Extinction of liability in respect of interest and feesE+W+S

Any outstanding liability in respect of the following is extinguished—

(a)interest under the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 (S.I. 1992/1816);

(b)fees under the Child Support Fees Regulations 1992 (S.I. 1992/3094).

44Use of informationU.K.

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45Liable relative provisions: exclusion of parental duty to maintainE+W+S

(1)In section 105 of the Social Security Administration Act 1992 (c. 5) (failure to maintain), for subsection (3) substitute—

“(3)Subject to subsection (4), for the purposes of this Part, a person shall be liable to maintain another person if that other person is—

(a)his or her spouse or civil partner, or

(b)a person whom he or she would be liable to maintain if sections 78(6)(c) and (9) had effect for the purposes of this Part.”

(2)In that section, in subsection (4), for the words from “a person” to the end, substitute “ subsection (3)(b) shall not apply ”.

Part 4 E+W+SLump sum payments: mesothelioma etc.

Mesothelioma lump sum paymentsE+W+S

46Lump sum paymentsE+W+S

(1)A claim for a payment under this Part may be made by—

(a)a person with diffuse mesothelioma, or

(b)a dependant of a person who, immediately before death, had diffuse mesothelioma.

(2)The Secretary of State must make the payment to the claimant if satisfied that the conditions of entitlement in section 47 are fulfilled.

(3)Regulations—

(a)may prescribe the amount of any payment;

(b)may prescribe different amounts for different cases or classes of cases or for different circumstances.

(4)In this Part—

• “dependant” has the meaning given by section 3 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41) (“the 1979 Act”);

• “diffuse mesothelioma” has the same meaning as in the 1979 Act.

(5)Where, because of section 3(1)(b) or (d) of the 1979 Act (children, siblings etc.), a payment may be claimed by two or more persons, the payment is to be made to one of them or divided between some or all of them as the Secretary of State thinks fit.

47Conditions of entitlementE+W+S

(1)In the case of a person who has diffuse mesothelioma, the conditions of entitlement are—

(a)that no payment within subsection (3) has been made in consequence of the disease;

(b)that the person is not eligible for any payment in consequence of the disease that is of a description prescribed by regulations;

(c)that such requirement, if any, as may be prescribed by regulations as to the person's connection with the United Kingdom is satisfied.

(2)In the case of a dependant of a person who, immediately before death, had diffuse mesothelioma, the conditions of entitlement are—

(a)that no payment within subsection (3) has been made in consequence of the disease to that or another dependant or to the deceased or the deceased's personal representatives;

(b)that the dependant is not, and the deceased was not, eligible for any payment in consequence of the disease that is of a description prescribed by regulations;

(c)that such requirement, if any, as may be prescribed by regulations as to the deceased's connection with the United Kingdom is satisfied.

(3)The payments referred to in subsections (1)(a) and (2)(a) are—

(a)a payment under this Part or under corresponding provision made for Northern Ireland;

(b)a payment under the 1979 Act or under corresponding provision made for Northern Ireland;

[F74(ba)a payment under the Diffuse Mesothelioma Payment Scheme (for the scheme, see the Mesothelioma Act 2014);]

(c)an extra-statutory payment;

(d)damages or a payment in settlement of a claim for damages;

(e)a payment of a description prescribed by regulations.

(4)A payment is to be disregarded for the purposes of subsection (1)(a) or (2)(a) if it has been, or is liable to be, repaid—

(a)under section 49 of this Act or under corresponding provision made for Northern Ireland;

(b)under section 5 of the 1979 Act or under corresponding provision made for Northern Ireland;

(c)under the terms of an extra-statutory payment;

(d)in circumstances prescribed for the purposes of this section by regulations.

(5)In this section “extra-statutory payment” has the meaning given by section 1A(5)(d) of the Social Security (Recovery of Benefits) Act 1997 (c. 27).

48Determination of claimsE+W+S

(1)A claim under section 46 must be made in the manner and within the period prescribed by regulations.

(2)Regulations may prescribe different periods for different cases or classes of cases or for different circumstances.

(3)Regulations may in particular provide that no claim may be made in cases where the prescribed period expired before the commencement of section 46 (or would have done but for any discretion to extend it).

(4)The Secretary of State may, before determining any claim under section 46, appoint a person to inquire into any question arising on the claim, or any matters arising in connection with it, and to report on the question, or on those matters, to the Secretary of State.

49ReconsiderationE+W+S

(1)Subject to subsection (2), the Secretary of State—

(a)may reconsider a determination that a payment should not be made under this Part, on the ground that there has been a material change of circumstances since the determination was made; and

(b)may reconsider a determination either that a payment should or that a payment should not be made under this Part, on the ground that the determination was made in ignorance of, or was based on a mistake as to, a material fact.

(2)Regulations must prescribe the manner in which and[F75may prescribe] the period within which—

(a)an application may be made to the Secretary of State for reconsideration of a determination; or

(b)the Secretary of State may institute such a reconsideration without an application.

(3)Section 48(4) applies in relation to any reconsideration of a determination under this section as it applies in relation to the determination of a claim.

(4)Subsection (5) applies if—

(a)whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and

(b)in consequence of the misrepresentation or failure, a payment is made under this Part.

(5)The person to whom the payment was made is liable to repay the amount of that payment to the Secretary of State unless that person can show that the misrepresentation or failure occurred without that person's connivance or consent.

(6)Except as provided by subsection (5), no payment under this Part is recoverable by virtue of a reconsideration of a determination under this section.

(7)Any sums repaid to the Secretary of State by virtue of subsection (5) are to be paid into the Consolidated Fund.

50Appeal to [F76First-tier Tribunal]E+W+S

(1)A person who has made a claim under section 46 may appeal against a determination made by the Secretary of State—

(a)on the claim, or

(b)on reconsideration under section 49 of a determination made on the claim.

[F77(1A)Regulations may provide that, in such cases or circumstances as may be prescribed, a person may appeal against a determination made on a claim only if the Secretary of State has decided whether to reconsider the determination under section 49.

(1B)The regulations may in particular provide that that condition is met only where—

(a)the decision of the Secretary of State was on an application,

(b)the Secretary of State considered issues of a specified description, or

(c)the decision of the Secretary of State satisfied any other condition specified in the regulations.]

(2)Subject to regulations under subsection (4)(c), the Secretary of State must refer any appeal to [F78the First-tier Tribunal]

(3)On an appeal the tribunal may substitute for the determination concerned any determination which could have been made in accordance with this Part.

(4)Regulations may make provision—

(a)as to the manner in which, and the time within which, an appeal may be made;

(b)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for the purpose of enabling an appeal under subsection (1)(a)[F80(or, where in accordance with regulations under subsection (1A) there is no right of appeal, any purported appeal)] to be treated as an application for reconsideration under section 49 of the determination made on the claim.

51Appeal to Social Security CommissionerE+W+S

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52Minors and people who lack capacityE+W+S

(1)This section applies where a payment under this Part falls to be made to—

(a)a person aged under 18, or

(b)a person who lacks capacity within the meaning of the Mental Capacity Act 2005 (c. 9) (or, in Scotland, who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)) in relation to financial matters.

(2)Subject to section 46(5) the payment is to be made for that person's benefit by paying it to such trustees as the Secretary of State may appoint.

(3)The trustees are to hold the payment on such trusts or, in Scotland, for such purposes and on such conditions as the Secretary of State may declare.

53Regulations: Part 4E+W+S

(1)A reference in this Part to regulations is a reference to regulations made by the Secretary of State.

(2)The power to make regulations under this Part—

(a)is exercisable by statutory instrument;

(b)includes power to make such incidental, supplementary or transitional provision as the Secretary of State thinks fit;

(c)may be exercised so as to provide for a person to exercise a discretion in dealing with any matter.

[F82(2A)The power to make regulations under section 50(1A) may be exercised—

(a)in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;

(b)so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);

(ii)the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;

(iii)provision which is either unconditional or is subject to any specified condition.]

(3)No regulations may be made under section 46[F83or 50(1A)] unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(4)No regulations may be made under any provision of section 47 if they are the first regulations to be made under that section, unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(5)A statutory instrument that—

(a)contains regulations under this Part, and

(b)is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Recovery of mesothelioma and other lump sum paymentsE+W+S

54Amendment of Social Security (Recovery of Benefits) Act 1997E+W+S

After section 1 of the Social Security (Recovery of Benefits) Act 1997 (c. 27) insert—

“1ALump sum payments: regulation-making power

(1)The Secretary of State may by regulations make provision about the recovery of the amount of a payment to which subsection (2) applies (a “lump sum payment”) where—

(a)a compensation payment in consequence of a disease is made to or in respect of a person (“P”) to whom, or in respect of whom, a lump sum payment has been, or is likely to be, made, and

(b)the compensation payment is made in consequence of the same disease as the lump sum payment.

(2)This subsection applies to—

(a)a payment made in accordance with the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the 1979 Act”),

(b)a payment made in accordance with Part 4 of the Child Maintenance and Other Payments Act 2008, and

(c)an extra-statutory payment (within the meaning given by subsection (5)(d) below).

(3)Regulations under this section may, in particular—

(a)make provision about the recovery of the amount of a lump sum payment made to or in respect of a dependant of P;

(b)make provision enabling the recovery of the amount of a lump sum payment from a compensation payment (including provision enabling the recovery of an amount which reduces the compensation payment to nil);

(c)enable the amount of a lump sum payment made before commencement to be recovered from a compensation payment made after commencement;

(d)make provision about certificates in respect of lump sum payments;

(e)apply any provision of this Act, with or without modifications.

(4)References in subsection (1) to a payment made in consequence of a disease—

(a)are references to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease, but

(b)do not include references to a payment mentioned in Part 1 of Schedule 1.

(5)In this section—

(a)“commencement” means the date on which this section comes into force,

(b)“compensation payment” means a payment within section 1(1)(a) above,

(c)“dependant” has the meaning given by section 3 of the 1979 Act, and

(d)“extra-statutory payment” means a payment made by the Secretary of State to or in respect of a person following the rejection by the Secretary of State of a claim under the 1979 Act.”

Part 5 U.K.General

55Regulations and orders: generalU.K.

(1)This section has effect in relation to regulations under this Act, except Part 4.

(2)Power to make regulations is exercisable by statutory instrument.

(3)Power to make regulations includes power to make incidental, supplementary, consequential or transitional provision or savings.

(4)Power to make regulations may be exercised—

(a)in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;

(b)so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);

(ii)the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;

(iii)provision which is either unconditional or is subject to any specified condition;

(c)so as to provide for a person to exercise a discretion in dealing with any matter.

(5)A statutory instrument containing—

(a)regulations under section 6(1) or (4), [F84or]

(b)the first regulations under paragraphs 2(1), 3(1), 5(1) or (2), 6(1) or (3) or 7 of Schedule 5, F85. . .

(c)F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall not be made unless a draft of the statutory instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.

(6)A statutory instrument that—

(a)contains regulations, and

(b)is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

56General interpretationE+W+S

(1)F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where—

(a)this Act amends or repeals an enactment contained in the Child Support Act 1991 (c. 48) which has been amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), and

(b)the amendment by the 2000 Act has been brought into force for limited purposes only,

the reference to the enactment shall, unless the contrary intention appears, be read as a reference to the enactment as it has effect apart from the 2000 Act, as well as to the enactment as amended by that Act.

57Minor and consequential amendmentsU.K.

(1)Schedule 7 (which makes minor and consequential amendments) has effect.

(2)The Secretary of State may by regulations make provision consequential on this Act amending, repealing or revoking any provision of—

(a)an Act passed on or before the last day of the Session in which this Act is passed, or

(b)an instrument made under an Act before the passing of this Act.

58RepealsE+W+S

The enactments specified in Schedule 8 are repealed to the extent specified.

59TransitionE+W+S

(1)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by regulations make provision for the Child Support Act 1991, as amended by Schedule 3, to have effect, until the coming into force of section 15, with such modifications as the Secretary of State considers necessary in consequence of the retention of functions under section 46 of that Act.

(3)The Secretary of State may, in relation to section 6 or 46 of the Child Support Act 1991, by regulations make provision for the section to have effect with such modifications as the Secretary of State considers expedient in anticipation of the coming into force of section 15.

(4)Sections 20(5A), 32A, 32E, 32F, 32J, 32L, 32M, 41C to 41E, 43A, 49A, 49B and 49D of the Child Support Act 1991 shall have effect as if “child support maintenance” included periodical payments required to be paid in accordance with a maintenance assessment under the Act.

(5)Sections 20(7A), 32A, 32C, 32E, 32F, 32J, 32L, 32M, 39B, 39H, 40, 40A, 40B and 49B of the Child Support Act 1991 shall have effect as if “maintenance calculation” included a maintenance assessment under the Act.

(6)Sections 35, 36, 38, 39B, 39H, 39K, 40, 40B and 49D of the Child Support Act 1991 shall have effect as if orders made under section 33 of that Act had been made under section 32M of that Act.

(7)An order may be made under section 32M of the Child Support Act 1991 in respect of an amount even though the time within which an application could have been instituted under section 33 of that Act for an order in respect of that amount has expired.

(8)The Secretary of State may by regulations make in connection with the coming into force of any provision of this Act such transitional provision or savings as the Secretary of State considers necessary or expedient.

60Financial provisionsE+W+S

(1)There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State or a government department in consequence of this Act, and

(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2)There shall be authorised the extinguishing in consequence of this Act of liabilities owed to the Crown under the Child Support Act 1991.

61ExtentU.K.

(1)Subject to the following provisions, this Act extends to England and Wales and Scotland only.

(2)The following provisions also extend to Northern Ireland—

(a)this section and sections 55, 57(2), 62 and 63;

(b)F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.

62CommencementU.K.

(1)This section and sections 55, 59(8), 61 and 63 shall come into force on the day on which this Act is passed.

(2)Section 35 shall come into force on the day after the day on which this Act is passed.

(3)The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.

(4)An order under subsection (3) may include such transitional provision or savings as the Secretary of State considers necessary or expedient in connection with bringing any provision of this Act into force.

(5)An order under subsection (3) appointing the day on which section 39 is to come into force in England and Wales may be made only with the consent of the Lord Chancellor.

63CitationU.K.

This Act may be cited as the Child Maintenance and Other Payments Act 2008.

SCHEDULES

F89F89SCHEDULE 1E+W+S

Constitution of the CommissionE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of a person to chair the CommissionE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of directorsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terms of appointment and tenure of membersE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration etc. of non-executive membersE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of deputy chairE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

StaffE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CommitteesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ProcedureE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DelegationE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InstrumentsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FinanceE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts and auditE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-executive functions committeeE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary powersE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status of the CommissionE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ValidityE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public recordsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigation by Parliamentary CommissionerE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil service pensionsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons disqualificationE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland Assembly disqualificationE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of informationE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InterpretationE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90F90SCHEDULE 2E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 13

SCHEDULE 3E+W+STransfer of child support functions

Part 1 E+W+SConsequential amendments

Child Support Act 1991 (c. 48)E+W+S

1E+W+SThe Child Support Act 1991 (c. 48) is amended as follows.

2E+W+SIn section 2 (welfare of children: the general principle)—

(a)for “Secretary of State” substitute “ Commission ”;

(b)for “he” substitute “ it ”;

(c)for “his” substitute “ its ”.

3(1)Section 4 (child support maintenance) is amended as follows.E+W+S

(2)In subsection (1), for “Secretary of State” substitute “ Commission ”.

(3)In subsection (2)—

(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 ”;

(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 ”;

(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.E+W+S

(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)—

(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)—

(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 ”.

(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.E+W+S

(2)In subsections (1) and (2), for “Secretary of State” substitute “ Commission ”.

(3)In subsection (3)—

(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 ”;

(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 ”.

6E+W+SIn 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.E+W+S

(2)In subsection (4)—

(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 ”.

8(1)Section 11 (maintenance calculations) is amended as follows.E+W+S

(2)In subsection (1)—

(a)for “Secretary of State ”substitute “ Commission ”;

(b)for “him” substitute “ it ”.

(3)In subsection (2)—

(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 ”.

(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)—

(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 ”.

9(1)Section 12 (default and interim maintenance decisions) is amended as follows.E+W+S

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Commission ”;

(b)for “him”, in the first place where it occurs, substitute “ the 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 follows.E+W+S

(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 ”.

11(1)Section 15 (powers of inspectors) is amended as follows.E+W+S

(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 ”.

12E+W+SIn section 16 (revision of 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 “he” (in each place where it occurs) substitute “ it ”;

(d)for “him” substitute “ it ”.

13E+W+SIn 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 ”.

14(1)Section 20 (appeals to appeal tribunals) is amended as follows.E+W+S

(2)In subsections (1)(a) and (b), (2)(a)(i), (7)(b) and (8)(b), for “Secretary of State” substitute “ Commission ”.

15E+W+SIn section 23A (redetermination of appeals), in subsection (4), before paragraph (a) insert—

“(za)the Commission;”.

16(1)Section 24 (appeal to Child Support Commissioner) is amended as follows.E+W+S

(2)For subsection (1) substitute —

“(1)Each of the following may appeal to a Child Support Commissioner on a question of law—

(a)the Commission,

(b)the Secretary of State, and

(c)any person who is aggrieved by the decision of an appeal tribunal.”

(3)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17E+W+SF92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18E+W+SIn section 26 (disputes about parentage), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

19E+W+SIn section 27 (applications for declaration of parentage) for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

20E+W+SIn section 27A (recovery of fees for scientific tests)—

(a)for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

(b)for “him” (in each place where it occurs) substitute “ it ”.

21E+W+SIn 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 ”.

22E+W+SIn section 28ZA (decisions 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 each place where it occurs) substitute “ it ”;

(c)for “his” substitute “ its ”.

23E+W+SIn 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 Commission ”;

(c)for “him” substitute “ the Commission ”;

(d)for “his” substitute “ its ”.

24E+W+SIn section 28ZC (restrictions on liability in certain cases of error), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

25E+W+SIn 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.E+W+S

(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 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 ”.

27E+W+SIn section 28C (imposition of regular payments condition), in subsections (1) 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 ”.

28E+W+SIn section 28D (determination of applications)—

(a)for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

(b)for “he” substitute “ it ”.

29E+W+SIn section 28E (matters to be taken into account)—

(a)for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

(b)for “him” substitute “ it ”.

30E+W+SIn section 28F (agreement to variation)—

(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 ”.

31E+W+SIn section 28J (voluntary payments), in subsections (1), (2) and (4)—

(a)for “Secretary of State” (in each place where it occurs) substitute “ 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.E+W+S

(2)In subsection (1)—

(a)for “Secretary of State” (in both places where it occurs) substitute “ 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 amended as follows.E+W+S

(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 ”.

(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 Commission ”;

(b)for “he” (in the first place where it occurs) substitute “ it ”.

34E+W+SIn section 31 (deduction from earnings orders)—

(a)for “Secretary of State” (in each place where it occurs) substitute “ Commission ”;

(b)in subsection (6), for “he” substitute “ it ”.

35E+W+SIn 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 ”.

36E+W+SIn section 33 (liability orders), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

37E+W+SIn section 34 (regulations about liability orders), in subsections (1)(a) and (c) and (2), for “Secretary of State” substitute “ Commission ”.

38(1)Section 35 (enforcement of liability orders by distress) is amended as follows.E+W+S

(2)In subsection (1), for “Secretary of State” substitute “ Commission ”.

(3)In subsection (3)—

(a)for “Secretary of State” substitute “ Commission ”;

(b)for “his” substitute “ its ”.

39E+W+SIn section 37 (regulations about liability orders), in subsection (2), for “Secretary of State” (in the second place where it occurs) substitute “ Commission ”.

40E+W+SIn section 38 (enforcement of liability orders by diligence), subsection (1) is amended as follows—

(a)in paragraph (a), for “Secretary of State” substitute “ Commission ”;

(b)F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41E+W+SIn section 39A (commitment to prison and disqualification from driving)—

(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.E+W+S

(2)In subsections (5) to (8), for “Secretary of State” (in each place where it 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.E+W+S

(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)—

(a)for “Secretary of State” substitute “ Commission ”;

(b)for “him” substitute “ it ”.

44(1)Section 41A (penalty payments) is amended as follows.E+W+S

(2)In subsection (1), for “him” substitute “ the Commission ”.

(3)In subsections (2) and (4), for “Secretary of State” substitute “ Commission ”.

(4)In subsection (6)—

(a)for “Secretary of State” substitute “ Commission ”;

(b)for “he” substitute “ it ”.

45(1)Section 41B (repayment of overpaid child support maintenance) is amended as follows.E+W+S

(2)In subsection (1), for “Secretary of State” substitute “ Commission ”.

(3)In subsection (1A)—

(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)—

(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 ”.

(7)In subsection (9)—

(a)for “Secretary of State” substitute “ Commission ”;

(b)for “him” substitute “ it ”.

46E+W+SIn section 44 (jurisdiction), in subsection (1), for “Secretary of State” substitute “ Commission ”.

47E+W+SIn section 46 (reduced benefit decisions), in subsection (3)(a), for “Secretary of State” substitute “ Commission ”.

48E+W+SIn section 46A (finality of decisions), in subsection (1), after “decision of” insert “ the Commission, ”.

49E+W+SIn section 46B (matters arising as respects decisions), in subsection (1)(a), for “Secretary of State” substitute “ Commission ”.

50E+W+SIn section 48 (right of audience), in subsection (1), for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

51E+W+SAfter section 50 insert—

“50AUse of computers

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.E+W+S

(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) substitute “ Commission ”.

(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) substitute “ Commission ”.

53E+W+SIn paragraph 4 of Schedule 4A, for “Secretary of State” (in both places where it occurs) substitute “ Commission ”.

Social Security Act 1998 (c. 14)E+W+S

54E+W+SF94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 E+W+STransitional provision and savings

55E+W+SF95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 16

SCHEDULE 4E+W+SChanges to the calculation of maintenance

IntroductoryE+W+S

1E+W+SPart 1 of Schedule 1 to the Child Support Act 1991 (c. 48) (calculation of weekly amount of child support maintenance) is amended as follows.

Calculation by reference to gross weekly incomeE+W+S

2E+W+SIn Part 1 (under which the weekly amount of child support maintenance payable is calculated by reference to the non-resident parent's net weekly income), for “net”, in each place where it occurs, substitute “ gross ”.

Change to basic rateE+W+S

3E+W+SFor paragraph 2 (basic rate) substitute—

“2(1)Subject to sub-paragraph (2), the basic rate is the following percentage of the non-resident parent's gross weekly income—

• 12% where the non-resident parent has one qualifying child;

• 16% where the non-resident parent has two qualifying children;

• 19% where the non-resident parent has three or more qualifying children.

(2)If the gross weekly income of the non-resident parent exceeds £800, the basic rate is the aggregate of the amount found by applying sub-paragraph (1) in relation to the first £800 of that income and the following percentage of the remainder—

• 9% where the non-resident parent has one qualifying child;

• 12% where the non-resident parent has two qualifying children;

• 15% where the non-resident parent has three or more qualifying children.

(3)If the non-resident parent also has one or more relevant other children, gross weekly income shall be treated for the purposes of sub-paragraphs (1) and (2) as reduced by the following percentage—

• 12% where the non-resident parent has one relevant other child;

• 16% where the non-resident parent has two relevant other children;

• 19% where the non-resident parent has three or more relevant other children.”

Increase in flat rate and minimum amounts of liabilityE+W+S

4E+W+SIn the following provisions, for “£5” substitute “ £7 ”

(a)paragraph 3(3) (minimum amount of liability in the case of reduced rate);

(b)paragraph 4(1) (amount of flat rate of liability);

(c)paragraph 7(7) (minimum amount of liability in the case of basic and reduced rates where reduction because of shared care applies).

Applicable rate where non-resident parent party to other maintenance arrangementE+W+S

5(1)In paragraph 1(1) (under which the weekly rate of child support maintenance is the basic rate unless a reduced rate, a flat rate or a nil rate applies), at the beginning insert “ Subject to paragraph 5A, ”.E+W+S

(2)After paragraph 5 insert—

“Non-resident parent party to other maintenance arrangementE+W+S

5A(1)This paragraph applies where—

(a)the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child of his who is not a qualifying child, and

(b)the weekly rate of child support maintenance apart from this paragraph would be the basic rate or a reduced rate or calculated following agreement to a variation where the rate would otherwise be a flat rate or the nil rate.

(2)The weekly rate of child support maintenance is the greater of £7 and the amount found as follows.

(3)First, calculate the amount which would be payable if the non-resident parent's qualifying children also included every child with respect to whom the non-resident parent is a party to a qualifying maintenance arrangement.

(4)Second, divide the amount so calculated by the number of children taken into account for the purposes of the calculation.

(5)Third, multiply the amount so found by the number of children who, for purposes other than the calculation under sub-paragraph (3), are qualifying children of the non-resident parent.

(6)For the purposes of this paragraph, the non-resident parent is a party to a qualifying maintenance arrangement with respect to a child if the non-resident parent is—

(a)liable to pay maintenance or aliment for the child under a maintenance order, or

(b)a party to an agreement of a prescribed description which provides for the non-resident parent to make payments for the benefit of the child,

and the child is habitually resident in the United Kingdom.”

Shared careE+W+S

6E+W+SIn paragraph 7(2) (circumstances in which decrease for shared care applies in cases where child support maintenance is payable at the basic rate or a reduced rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

7E+W+SIn paragraph 8(2) (circumstances in which decrease for shared care applies in cases where child support maintenance payable at a flat rate), for “If the care of a qualifying child is shared” substitute “ If the care of a qualifying child is, or is to be, shared ”.

8(1)In paragraph 9 (regulations about shared care), the existing provision becomes sub-paragraph (1).E+W+S

(2)In that sub-paragraph, before paragraph (a) insert—

“(za)for how it is to be determined whether the care of a qualifying child is to be shared as mentioned in paragraph 7(2);”.

(3)In that sub-paragraph, after paragraph (b) insert—

“(ba)for how it is to be determined how many nights count for those purposes;”.

(4)After that sub-paragraph insert—

“(2)Regulations under sub-paragraph (1)(ba) may include provision enabling the [F96Secretary of State] to proceed for a prescribed period on the basis of a prescribed assumption.”

Weekly incomeE+W+S

9E+W+SIn paragraph 10 (which confers power to make regulations about the manner in which weekly income is to be determined), for sub-paragraph (2) substitute—

“(2)The regulations may, in particular—

(a)provide for determination in prescribed circumstances by reference to income of a prescribed description in a prescribed past period;

(b)provide for the [F97Secretary of State] to estimate any income or make an assumption as to any fact where, in [F98Secretary of State's] view, the information at [F98Secretary of State's] disposal is unreliable or insufficient, or relates to an atypical period in the life of the non-resident parent.”

10E+W+SIn paragraph 10(3) (under which weekly income over £2,000 is to be ignored for the purposes of Schedule 1), for “£2,000” substitute “ £3,000 ”.

Section 19

SCHEDULE 5E+W+SMaintenance calculations: transfer of cases to new rules

Power to require a decision about whether to stay in the statutory schemeE+W+S

2(1)The Secretary of State may by regulations make provision about the exercise of the power under paragraph 1(1).E+W+S

(2)Regulations under sub-paragraph (1) may, in particular—

(a)make provision about timing in relation to exercise of the power;

(b)make provision for exercise of the power in stages;

(c)specify principles for determining the order in which particular cases are to be dealt with under the power;

(d)make provision about procedure in relation to exercise of the power;

(e)make provision for exercise of the power in accordance with a scheme prepared by the [F100Secretary of State]F101. . . .

3(1)The Secretary of State shall by regulations make such provision as he thinks fit about exercise of the right to make a choice required under paragraph 1(1).E+W+S

(2)Regulations under sub-paragraph (1) shall, in particular—

(a)make provision about the time within which the choice must be made;

(b)make provision for a choice to stay in the statutory scheme to be made by means of an application to the [F102Secretary of State] for a maintenance calculation;

(c)make provision about the form and content of any application required by provision under paragraph (b).

[F103(3)The Commission may before accepting an application required by provision under sub-paragraph (2)(b) invite the applicant to consider with the Commission whether it is possible to make a maintenance agreement (within the meaning of section 9 of the Child Support Act 1991).]

Effect on accrual of liability of exercise of power under paragraph 1E+W+S

5(1)Where the power under paragraph 1(1) is exercised in relation to a maintenance assessment or maintenance calculation, liability under the assessment or calculation shall cease to accrue with effect from such date as may be determined in accordance with regulations made by the Secretary of State.E+W+S

(2)Where the power under paragraph 1(1) is exercised in relation to an application for a maintenance assessment or maintenance calculation, liability under any assessment or calculation made in response to the application shall accrue only in respect of the period ending with such date as may be determined in accordance with regulations made by the Secretary of State.

Additional powersE+W+S

6(1)The Secretary of State may by regulations make such provision as appears to the Secretary of State to be necessary or expedient for the purposes of, or in connection with, giving effect to a decision not to leave the statutory scheme.E+W+S

(2)Regulations under sub-paragraph (1) may, in particular—

(a)make provision about procedure in relation to determination of an application made in pursuance of regulations under paragraph 3;

(b)make provision about the application of the Child Support Act 1991 (c. 48) in relation to a maintenance calculation made in response to such an application;

(c)prescribe circumstances in which liability under such a maintenance calculation is to be subject to a prescribed adjustment.

(3)The Secretary of State may by regulations make provision enabling the [F104Secretary of State] to treat an application of the kind mentioned in paragraph 1(2)(b) or (d) as withdrawn if none of the interested parties chooses to stay in the statutory scheme.

InterpretationE+W+S

7E+W+SIn this Schedule—

• “interested parties” has such meaning as may be prescribed;

• “maintenance assessment” means an assessment of maintenance made under the Child Support Act 1991;

• “maintenance calculation” means a calculation of maintenance made under that Act;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “statutory scheme” means the scheme for child support maintenance under that Act.

F105F105SCHEDULE 6U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 57

SCHEDULE 7E+W+SMinor and consequential amendments

Child Support Act 1991 (c. 48)E+W+S

1(1)The Child Support Act 1991 is amended as follows.E+W+S

(2)In section 8 (role of the courts with respect to maintenance for children), in subsection (6)(b) (which refers to the non-resident parent's net weekly income), for “net” substitute “ gross ”.

(3)In section 20 (appeals to appeal tribunals), in subsection (1), after paragraph (b) insert—

“(ba)a decision of the [F112Secretary of State] to make a liability order under section 32M;”.

(4)In subsection (2) of that section, after paragraph (a) insert—

“(aa)in relation to paragraph (ba), the person against whom the order is made;”.

(5)After subsection (5) of that section insert—

“(5A)An appeal lies by virtue of subsection (1)(ba) only on the following grounds—

(a)that the person has not failed to pay an amount of child support maintenance;

(b)that the amount in respect of which the liability order is made exceeds the amount of child support maintenance which the person has failed to pay.”

(6)After subsection (7) of that section insert—

“(7A)In deciding an appeal against a decision of the [F113Secretary of State] to make a liability order, an appeal tribunal shall not question the maintenance calculation by reference to which the liability order was made.”

(7)In section 30 (collection and enforcement of other forms of maintenance), in subsections (4) and (5) for “which he is authorised to collect under this section” substitute “ for the collection of which he is authorised under this section to make arrangements ”.

(8)In section 32(2)(i) (regulations about deduction from earnings orders), for “the liable person is in the employment” substitute “ any earnings are paid to the liable person by or on behalf ”.

(9)In section 32(7) (regulations about appeals), after “include” insert “—

(a)provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b) ”.

(10)In section 36(1) (enforcement in county courts), for “garnishee proceedings” substitute “ a third party debt order ”.

(11)For section 39 substitute—

“39Enforcement in Great Britain of Northern Ireland liability orders

The Secretary of State may by regulations make provision for the enforcement in England and Wales and Scotland of any order made in Northern Ireland under provision corresponding to section 32M or the repealed section 33.”

(12)In section 40 (commitment to prison), in subsection (4)(a)(i) of that section, for “mentioned in section 35(1)” substitute “ sought to be recovered as mentioned in subsection (2A)(a) ”.

(13)In section 40A (commitment to prison: Scotland)—

(a)in subsection (1), for “satisfied” substitute “ of the opinion ”;

(b)for subsection (2)(a)(i) substitute—

“(i)the amount sought to be recovered as mentioned in subsection (A1)(a), or so much of it as remains outstanding;”.

(14)In that section, in subsection (6), the words from “for” to the end become paragraph (a), and after that paragraph insert—

“(b)that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of the liable person's employer, shall be sufficient evidence of the facts stated.”

(15)In section 40B (disqualification for driving), in subsection (3)—

(a)in paragraph (a), for “mentioned in section 35(1)” substitute “ sought to be recovered as mentioned in subsection (A1)(a) ”;

(b)in paragraph (b), for “section 39A” substitute “ this section ”.

(16)In subsection (7) of that section, for “section 39A” substitute “ this section ”.

(17)In subsection (12) of that section (modifications for Scotland), for the subsection (11) substituted by paragraph (d) substitute—

“(11)In relation to disqualification orders—

(a)the Secretary of State may by regulations make provision that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of the liable person's employer, shall be sufficient evidence of the facts stated; and

(b)the power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court shall include power to make provision corresponding to that which may be made by virtue of section 40A(8).”

(18)At the end of that section, insert—

“(13)In this section—

• “court” (except for the purposes of subsection (8)(c)) means—

  (a)

  in England and Wales, a magistrates' court;

  (b)

  in Scotland, the sheriff;

• “driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.”

(19)In section 50 (unauthorised disclosure of information), in subsection (1) (offence of unauthorised disclosure), for “this section” substitute “ this subsection ”.

(20)In that section, after subsection (1) insert—

“(1A)Subsection (1) applies to employment as—

(a)any clerk to, or other officer of, an appeal tribunal;

(b)any member of the staff of an appeal tribunal;

(c)a civil servant in connection with the carrying out of any functions under this Act;

(d)any member of, or of the staff of, the Commission;

(e)any person who provides, or is employed in the provision of, services to the Commission,

and to employment of any other kind which is prescribed for the purposes of this subsection.

(1B)Any person who is, or has been, employed in employment to which this subsection applies is guilty of an offence if, without lawful authority, he discloses any information which—

(a)was acquired by him in the course of that employment;

(b)is information which is, or is derived from, information acquired or held for the purposes of this Act; and

(c)relates to a particular person.

(1C)Subsection (1B) applies to any employment which—

(a)is not employment to which subsection (1) applies, and

(b)is of a kind prescribed for the purposes of this subsection.”

(21)In that section, in subsection (7) (definition of “responsible person”)—

(a)at the end of paragraph (b) insert—

“(ba)the person appointed to chair the Commission;”;

(b)for paragraph (c) substitute—

“(c)any person authorised for the purposes of this subsection by the Lord Chancellor, the Secretary of State or the person appointed to chair the Commission;”.

(22)In section 52 (regulations and orders), in subsection (2)(a) (regulations subject to affirmative resolution procedure)—

(a)after “30(5A),” insert “ “32A to 32C, 32E to 32J, ”;

(b)after “41B(6),” insert “ “41E(1)(a), ”.

(23)In that section, for subsection (2A) substitute—

“(2A)No statutory instrument containing (whether alone or with other provisions)—

(a)the first regulations under section 17(2) to make provision of the kind mentioned in section 17(3)(a) or (b),

(b)the first regulations under section 39F, 39M(4), 39P, 39Q, 41D(2), 41E(2) or 49A,

(c)the first regulations under paragraph 5A(6)(b) of Schedule 1,

(d)the first regulations under paragraph 9(1)(ba) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2) of that paragraph, or

(e)the first regulations under paragraph 10(1) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2)(a) or (b) of that paragraph,

shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.”

(24)After that subsection insert—

“(2B)No statutory instrument containing (whether alone or with other provisions) regulations which by virtue of section 51A are to have effect for a limited period shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.”

(25)In section 54 (interpretation), the existing provision becomes subsection (1), and in that subsection—

(a)at the appropriate places insert—

““charging order” has the same meaning as in section 1 of the Charging Orders Act 1979;”;

““Commission” means the Child Maintenance and Enforcement Commission;”;

““curfew order” has the meaning given in section 39H(1);”;

““deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;”;

(b)in the definition of “liability order”, for “section 33(2)” substitute “ section 32M(2) ”.

(26)In that section, after subsection (1) insert—

“(2)The definition of “deposit-taker” in subsection (1) is to be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.”

(27)In section 57(4) (application to Crown), for “a liable person is in the employment” substitute “ any sums which are defined as earnings for the purposes of sections 31 and 32 are paid to a liable person by or on behalf ”.

(28)In Schedule 1 (maintenance calculations), in paragraph 5(b) (weekly rate of child support maintenance to be nil if the non-resident parent has a weekly income below £5), for “£5” substitute “ £7 ”.

(29)In that Schedule, in paragraph 7 (reduction of basic and reduced rates for shared care), for sub-paragraph (1) substitute—

“(1)This paragraph applies where the rate of child support maintenance payable is the basic rate or a reduced rate or is determined under paragraph 5A.”

(30)In that Schedule, in paragraph 10A(1)(b) (regulations about amounts set out in Schedule 1)—

(a)after “paragraph” insert “ “2(2), ”;

(b)after “5,” insert “ “5A(2), ”.

(31)In that Schedule, in paragraph 10C(1) (references to “qualifying children” to be read as references to those qualifying children with respect to whom the maintenance calculation falls to be made), at end insert “ “or with respect to whom a maintenance calculation in respect of the non-resident parent has effect ”.

(32)In that Schedule, for paragraph 14 substitute—

“14The Secretary of State may by regulations provide—

(a)for two or more applications for maintenance calculations to be treated, in prescribed circumstances, as a single application; and

(b)for the replacement, in prescribed circumstances, of a maintenance calculation made on the application of one person by a later maintenance calculation made on the application of that or any other person.”

(33)Schedule 2 (provision of information to Secretary of State) ceases to have effect.

(34)In the Act as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (c. 19), the following (which relate to section 6 or 46) are repealed—

(a)sections 11(1A) to (1C), 41(4)(c) and (d) and 41A(5)(c) and (d);

(b)paragraph 16(3) and (4A)(b) of Schedule 1;

(c)in Schedule 4C—

(i)in paragraphs 1(a) and 2(1)(a), the words “, a reduced benefit direction”;

(ii)in paragraph 3, in sub-paragraph (1)(b), sub-paragraph (i) and the word “or” at the end of it, and sub-paragraph (3);

(iii)in paragraphs 4(1)(a)(i) and 6(1)(b)(ii) and (iii), the words “, a reduced benefit direction”.

Social Security Administration Act 1992 (c. 5)E+W+S

2(1)The Social Security Administration Act 1992 is amended as follows.E+W+S

(2)In section 108 (certain maintenance orders to be enforceable by the Secretary of State), for subsection (8) substitute—

“(8)In this section “maintenance order”—

(a)in England and Wales, means—

(i)any order for the making of periodical payments which is, or has at any time been, a maintenance order within the meaning of the Attachment of Earnings Act 1971;

(ii)any order under Part 3 of the Matrimonial and Family Proceedings Act 1984 (overseas divorce) for the making of periodical payments;

(iii)any order under Schedule 7 to the Civil Partnership Act 2004 for the making of periodical payments;

(b)in Scotland, means any order, except an order for the payment of a lump sum, falling within the definition of “maintenance order” in section 106 of the Debtors (Scotland) Act 1987, but disregarding paragraph (h) (alimentary bond or agreement).”

(3)In section 121E (supply of information held by Revenue and Customs to the Secretary of State or the Northern Ireland Department for use for the purposes of functions relating, inter alia, to child support), for subsection (2) substitute—

“(2)Information to which this section applies may, and subject to subsection (2A), must if an authorised officer so requires, be supplied—

(a)to the Secretary of State, or

(b)to a person providing services to the Secretary of State,

for use for the purposes of functions relating to social security, war pensions or employment or training.

(2ZA)Information to which this section applies may, and subject to subsection (2A), must if an authorised officer so requires, be supplied—

(a)to the Northern Ireland Department, or

(b)to a person providing services to that Department,

for use for the purposes of functions relating to social security, child support, war pensions or employment or training.”

(4)F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 121F (supply to Revenue and Customs of information held by Secretary of State or Northern Ireland Department, including information held for the purposes of functions relating to child support), for subsection (1) substitute—

“(1)This section applies to information which is held for the purposes of functions relating to social security, war pensions or employment or training—

(a)by the Secretary of State, or

(b)by a person providing services to the Secretary of State, in connection with the provision of those services.

(1A)This section also applies to information which is held for the purposes of functions relating to social security, child support, war pensions or employment or training—

(a)by the Northern Ireland Department, or

(b)by a person providing services to that Department, in connection with the provision of those services.”

(6)F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1998 (c. 14)E+W+S

3(1)The Social Security Act 1998 is amended as follows.E+W+S

(2)In section 3 (use of information held by the Secretary of State or the Northern Ireland Department which relates to certain matters), in subsection (1A) (which lists the matters concerned)—

(a)in paragraph (a), the words “, child support” are omitted;

(b)after that paragraph insert—

“(aa)child support in Northern Ireland;”.

(3)F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax Credits Act 2002 (c. 21)E+W+S

4(1)Schedule 5 to the Tax Credits Act 2002 (use and disclosure of information) is amended as follows.E+W+S

(2)In paragraph 4 (supply of information held by Revenue and Customs to the Secretary of State or the Northern Ireland Department for use for the purposes of functions relating, inter alia, to child support), for sub-paragraphs (2) and (3) substitute—

“(2)Information to which this paragraph applies may be supplied—

(a)to the Secretary of State, or

(b)to a person providing services to the Secretary of State,

for use for the purposes of functions relating to social security or war pensions or for such purposes relating to evaluation or statistical studies as may be prescribed.

(3)An authorised officer may require information to which this paragraph applies to be supplied—

(a)to the Secretary of State, or

(b)to a person providing services to the Secretary of State,

for use for the purposes of functions relating to social security.

(3A)Information to which this paragraph applies may be supplied—

(a)to the Northern Ireland Department, or

(b)to a person providing services to the Northern Ireland Department,

for use for the purposes of functions relating to social security, child support or war pensions or for such purposes relating to evaluation or statistical studies as may be prescribed.

(3B)An authorised officer may require information to which this paragraph applies to be supplied—

(a)to the Northern Ireland Department, or

(b)to a person providing services to the Northern Ireland Department,

for use for the purposes of functions relating to social security or child support.”

(3)In that paragraph, in sub-paragraph (4) (definition of “authorised officer”), for “sub-paragraph (3)” substitute “ sub-paragraphs (3) and (3B) ”.

(4)In paragraph 6 (supply to Revenue and Customs of information held by Secretary of State or Northern Ireland Department for the purposes of functions including child support), for sub-paragraph (1) substitute—

“(1)This paragraph applies to information which is held for the purposes of functions relating to social security, war pensions or employment or training—

(a)by the Secretary of State, or

(b)by a person providing services to the Secretary of State, in connection with the provision of those services.

(1A)This paragraph also applies to information which is held for the purposes of functions relating to social security, child support, war pensions or employment or training—

(a)by the Northern Ireland Department or the Department for Employment and Learning in Northern Ireland, or

(b)by a person providing services to either of those Departments, in connection with the provision of those services.”

Section 58

SCHEDULE 8E+W+SRepeals