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Link to original content: http://www.legislation.gov.uk/ukpga/2008/6/section/6
There are currently no known outstanding effects for the Child Maintenance and Other Payments Act 2008, Section 6.
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(1)The Secretary of State may by regulations make provision about the charging of fees by the [F1Secretary 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[F2(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 F3..., reduction or repayment of fees.
[F4(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.
[F5(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 [F1Secretary of State] under regulations under subsection (1) to have a right of appeal against the decision to [F6the First-tier Tribunal].
(6)Subsections (3) to (5), (7) and (8) of section 20 of the Child Support Act 1991 (appeals to [F7First-tier Tribunal]) apply to appeals under regulations under subsection (5) as they apply to appeals under that section.
(7)The [F8Secretary of State] shall pay into the Consolidated Fund any amount which [F9the Secretary of State] receives in respect of fees charged by [F9the Secretary of State] under regulations under this section.
Textual Amendments
F1Words in s. 6(1)(5) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 72(2)
F2Words in s. 6(2)(d) inserted (25.11.2013) by Welfare Reform Act 2012 (c. 5), ss. 140(a), 150(3); S.I. 2013/2947, art. 6
F3Word in s. 6(2)(g) repealed (25.11.2013) by Welfare Reform Act 2012 (c. 5), ss. 140(b), 150(3); S.I. 2013/2947, art. 6
F4S. 6(2)(h) inserted (25.11.2013) by Welfare Reform Act 2012 (c. 5), ss. 140(c), 150(3); S.I. 2013/2947, art. 6
F5S. 6(3A)-(3D) inserted (25.11.2013) by Welfare Reform Act 2012 (c. 5), ss. 141, 150(3); S.I. 2013/2947, art. 6
F6Words in s. 6(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 225(a)
F7Words in s. 6(6) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 225(b)
F8Words in s. 6(7) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 72(3)
F9Words in s. 6(7) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 72(3)
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