Child Maintenance and Other Payments Act 2008

(7A) On acting as mentioned in subsection (1), the sheriff may order the liable person to be searched. (7B) Any money found on such a search shall, unless the sheriff otherwise directs, be applied towards payment of the relevant amount; and the balance (if any) shall be returned to the person searched. (7C) The reference in subsection (7B) to the relevant amount is— (a) where the order under subsection (7A) is made by virtue of the court acting under subsection (1)(a), to the amount mentioned in subsection (2)(a); (b) where the order under subsection (7A) is made by virtue of the court acting under subsection (1)(b), to the amount mentioned in subsection (2)(a)(i). (7D) The sheriff shall not allow the application under subsection (7B) of money found on a search under subsection (7A) if the sheriff is satisfied that the money does not belong to the person searched.

Disqualification for driving

30

Debt management powers

Power to treat liability as satisfied

31

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

(41C) (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.

Power to accept part payment of arrears in full and final satisfaction

32

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

(41D) (1) The Secretary 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 Secretary of State may not exercise the power under subsection (1) without the appropriate consent. (4) The conditions are— (a) that the Secretary of State would be entitled to retain the whole of the arrears under section 41(2) if Secretary of State recovered them; (b) that the Secretary of State would be entitled to retain part of the arrears under section 41(2) if Secretary of State recovered them, and the part of the arrears that the Secretary 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.

Power to write off arrears

33

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

(41E) (1) The Secretary of State may extinguish liability in respect of arrears of child support maintenance if it appears to the 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).

Transfer of arrears

34

After section 49 of the Child Support Act 1991 insert—

(49A) (1) The Secretary of State may by regulations make provision enabling the Secretary of State in prescribed circumstances to enter into arrangements (“transfer arrangements”) under which liability in respect of arrears of child support maintenance becomes debt due to the person with whom the arrangements are entered into (“the transferee”). (2) Liability which is the subject of transfer arrangements— (a) ceases to be liability in relation to which the Secretary of State's functions with respect to collection and enforcement are exercisable, and (b) becomes debt in which only the transferee has an interest. (3) Regulations under subsection (1) must provide that unless one of the conditions in subsection (4) is satisfied the Secretary of State may not enter into transfer arrangements in relation to arrears of child support maintenance without the appropriate consent. (4) The conditions are— (a) that the Secretary of State would be entitled to retain the whole of the arrears under section 41(2) if the Secretary of State recovered them; (b) that the Secretary of State would be entitled to retain part of the arrears under section 41(2) if the Secretary of State recovered them, and the part of the arrears that the Secretary of State would not be entitled to retain is equal to or less than the transfer payment. (5) In subsection (4)(b), “transfer payment” means— (a) the payment that the Secretary of State would receive from the transferee on the arrangements taking effect, and (b) such other payments under the transfer arrangements as may be prescribed. (6) 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. (7) 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 (8) applies, the written consent of the person with care of that child. (8) 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. (9) Regulations under subsection (1) may, in particular— (a) specify when arrears of child support maintenance may be the subject of transfer arrangements; (b) specify the descriptions of person with whom transfer arrangements may be entered into; (c) specify terms and conditions which transfer arrangements must include; (d) provide that a payment made to the Secretary of State under transfer arrangements may be treated for prescribed purposes as if it were a payment of child support maintenance. (10) Regulations under subsection (1) may include— (a) provision with respect to the recovery of debt to which a person is entitled by virtue of transfer arrangements; (b) provision enabling the Secretary of State in prescribed circumstances to prevent a person entitled to debt by virtue of transfer arrangements from taking steps to recover it; (c) provision enabling the Secretary of State to supply information of a prescribed description to a person entitled to debt by virtue of transfer arrangements for the purpose of enabling the debt to be recovered.

Miscellaneous

Registered maintenance agreements: Scotland

35

• (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) ”.

Offence of failing to notify change of address

36

• (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) ”.

Additional special case

37

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.

Recovery of arrears from deceased’s estate

38

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

(43A) (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.

Disclosure of information relating to family proceedings

39

• (1) After section 49A of the Child Support Act 1991 (inserted by section 34 of this Act), insert—

(49B) (1) Where this section applies, a disclosure of information relating to family proceedings made to the Secretary of State for the purposes of the Secretary of State's functions relating to child support, or to a person providing services to the Secretary of State for those purposes, by a party to the proceedings is not (if it would otherwise be) a contempt of court or punishable as a contempt of court. (2) This section applies if— (a) the party is a person with care or non-resident parent in relation to a child, (b) child support maintenance is payable, or an application for a maintenance calculation has been made, in respect of the child, and (c) the party reasonably considers that the information is relevant to the exercise of the Secretary of State's functions relating to child support in relation to the child. (3) This section also applies if— (a) an application for a maintenance calculation has been made under section 7(1) by the party, or child support maintenance is payable in accordance with a maintenance calculation made on an application made under section 7(1) by the party, and (b) the party reasonably considers that the information is relevant to the exercise of the Secretary of State's functions relating to child support in relation to the party. (4) A disclosure by a party's representative is to be treated for the purposes of this section as a disclosure by the party, if the representative is instructed by the party to make the disclosure. (5) In this section, “representative” means (a) in England and Wales— (i) a barrister or a solicitor, solicitor's employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990) who has been instructed to act for a party in relation to the proceedings, (ii) a non-professional person who gives lay advice on behalf of an organisation in the lay advice sector, or (iii) any person permitted by the court to sit beside an unrepresented litigant in court to assist that litigant by prompting, taking notes and giving advice to the litigant; (b) in Scotland, a legal representative. (6) This section does not apply if the court dealing with the proceedings so directs. (49C) (1) In section 49B, “family proceedings” means any of the following proceedings commenced on or after the day on which that section comes into force— (a) proceedings for ancillary relief (within the meaning of subsection (2)); (b) proceedings under section 17 of the Married Women's Property Act 1882 (questions between husband and wife as to property); (c) proceedings under any of the following provisions of the 1973 Act— (i) section 27 (financial provision in cases of neglect to maintain); (ii) section 35 (alteration of maintenance agreements); (d) proceedings under Part 1 of the Domestic Proceedings and Magistrates' Courts Act 1978 (powers of court to make orders for financial provision); (e) proceedings relating to orders for financial provision within the meaning of section 8 of the Family Law (Scotland) Act 1985; (f) proceedings relating to an action for aliment within the meaning of section 2 of that Act; (g) proceedings under Part 3 of the Matrimonial and Family Proceedings Act 1984 (financial relief in England and Wales after overseas divorce etc.); (h) proceedings under Schedule 1 to the Children Act 1989 (financial provision for children); (i) proceedings under sections 33 to 40 of the Family Law Act 1996 (occupation orders); (j) proceedings under any of the following provisions of the 2004 Act— (i) section 66 (disputes between civil partners about property); (ii) paragraph 41 of Schedule 5 (orders where failure to maintain); (iii) paragraph 69 of Schedule 5 (alteration of maintenance agreements by the court); (iv) Schedule 6 (financial relief in magistrates' courts etc.); (v) Schedule 7 (financial relief in England and Wales after overseas dissolution etc. of a civil partnership). (2) In subsection (1), “ancillary relief” means any of the following— (a) an order under section 37(2)(b) or (c) of the 1973 Act or paragraph 74(3) or (4) of Schedule 5 to the 2004 Act (avoidance of disposition orders); (b) any of the orders mentioned in section 21(1) of the 1973 Act (except an order under section 27(6) of that Act) or any of the orders mentioned in paragraph 2(1) of Schedule 5 to the 2004 Act (financial provision orders) made under Part 1 of that Schedule; (c) an order under section 22 of the 1973 Act (orders for maintenance pending suit); (d) an order under paragraph 38 of Schedule 5 to the 2004 Act (orders for maintenance pending outcome of proceedings); (e) any of the orders mentioned in section 21(2) of the 1973 Act or any of the orders mentioned in paragraph 7(1) of Schedule 5 to the 2004 Act (property adjustment orders); (f) an order under section 31 of the 1973 Act or an order under Part 11 of Schedule 5 to the 2004 Act (variation orders); (g) an order under section 24B of the 1973 Act or an order under paragraph 15 of Schedule 5 to the 2004 Act (pension sharing orders). (3) The Secretary of State may by order amend this section so as to provide that “family proceedings” in section 49B includes proceedings of a description specified in the order, other than proceedings commenced before the day on which the order comes into force. (4) An order under subsection (3) may be made only with the consent of the Lord Chancellor. (5) In this section— - “the 1973 Act” means the Matrimonial Causes Act 1973; - “the 2004 Act” means the Civil Partnership Act 2004.

Disclosure of information to credit reference agencies

40

After section 49C of the Child Support Act 1991 (c. 48) (inserted by section 39 of this Act) insert—

(49D) (1) Subject to subsection (3), the Secretary of State may supply qualifying information to a credit reference agency for use for the purpose of furnishing information relevant to the financial standing of individuals. (2) The reference in subsection (1) to qualifying information is to information which— (a) is held by the Secretary of State for the purposes of this Act, (b) relates to a person who is liable to pay child support maintenance, and (c) is of a prescribed description. (3) Information may not be supplied under subsection (1) without the consent of the person to whom it relates, unless a liability order against that person is in force. (4) No provision may be made under section 14(3) authorising the supply of information by the Secretary of State to credit reference agencies. (5) In this section, “credit reference agency” has the same meaning as in the Consumer Credit Act 1974.

Pilot schemes

41

After section 51 of the Child Support Act 1991 insert—

(51A) (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.

Meaning of “child”

42

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

(55) (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.

Extinction of liability in respect of interest and fees

43

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).

Use of information

44

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

Liable relative provisions: exclusion of parental duty to maintain

45

• (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 — Lump sum payments: mesothelioma etc.

Mesothelioma lump sum payments

Lump sum payments

46

• (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.

Conditions of entitlement

47

• (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;

• (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).

Determination of claims

48

• (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.

Reconsideration

49

• (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 andmay 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.

Appeal to appeal tribunal

50

• (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.

• (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 the 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) for the purpose of enabling an appeal under subsection (1)(a)(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.

Appeal to Social Security Commissioner

51

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

Minors and people who lack capacity

52

• (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.

Regulations: Part 4

53

• (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.

• (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 46or 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 payments

Amendment of Social Security (Recovery of Benefits) Act 1997

54

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

(1A) (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 — General

Regulations and orders: general

55

• (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), or

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

General interpretation

56

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

Minor and consequential amendments

57

• (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.

Repeals

58

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

Transition

59

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 ... 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 ... 32A, 32C, 32E, 32F, 32J, 32L, 32M, 32N, 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.

Financial provisions

60

• (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.

Extent

61

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Commencement

62

• (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.

Citation

63

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

SCHEDULE 1

Constitution of the Commission

1

The Commission shall consist of the following members—

• (a) a person to chair the Commission,

• (b) the chief executive of the Commission (who is to be known as the Commissioner for Child Maintenance),

• (c) one or more directors appointed from the staff of the Commission (“executive directors”), and

• (d) two or more directors appointed otherwise than from the staff of the Commission (“non-executive directors”).

Appointment of a person to chair the Commission

2

Appointments for the purposes of paragraph 1(a) are to be made by the Secretary of State otherwise than from the staff of the Commission.

Appointment of directors

3

• (1) Appointments for the purposes of paragraph 1(c) are to be made by the Commission, with the approval of the Secretary of State.

• (2) Appointments for the purposes of paragraph 1(d) are to be made by the person appointed to chair the Commission, with the approval of the Secretary of State.

• (3) The power under sub-paragraph (1) may not be exercised if the result of exercising it would be to make the number of executive members of the Commission equal to or greater than the number of non-executive members of the Commission.

• (4) The power under sub-paragraph (2) must be exercised so as to secure, so far as practicable, that the Commission always has more non-executive members than executive members.

Terms of appointment and tenure of members

4

• (1) The terms and conditions of a person's appointment to chair the Commission are to be such as the Secretary of State may determine.

• (2) The terms and conditions of a person's appointment as a non-executive director are to be such as the person appointed to chair the Commission may determine with the approval of the Secretary of State.

• (3) The matters with which the terms and conditions of a member's appointment may deal include, in particular—

• (a) the period for which the member is to hold office;

• (b) the member's eligibility for re-appointment;

• (c) circumstances in which membership may be suspended or terminated.

5

• (1) Subject to sub-paragraphs (2) and (3), a person appointed to be a member of the Commission—

• (a) is to hold and vacate office in accordance with the terms and conditions of his or her appointment, and

• (b) may resign or be removed from office in accordance with those terms and conditions.

• (2) A person appointed as an executive director ceases to be a member of the Commission if he or she ceases to be a member of its staff.

• (3) A person appointed to chair the Commission or as a non-executive director ceases to be a member of the Commission if he or she becomes a member of its staff.

Remuneration etc. of non-executive members

6

• (1) The Commission may pay, or make provision for paying, the person appointed to chair the Commission such remuneration as the Secretary of State may determine.

• (2) The Commission may—

• (a) pay to or in respect of any person who is or has been appointed to chair the Commission such pension, allowances or gratuities as the Secretary of State may determine, or

• (b) make such payments as the Secretary of State may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

• (3) Where—

• (a) the person appointed to chair the Commission ceases to be a member of the Commission otherwise than on the expiry of his term of office, and

• (b) it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation,

the Commission may make a payment to that person of such amount as the Secretary of State may determine.

7

• (1) The Commission may pay, or make provision for paying, non-executive directors of the Commission such remuneration as the person appointed to chair the Commission may determine with the approval of the Secretary of State.

• (2) The Commission may—

• (a) pay to or in respect of any person who is or has been a non-executive director such pension, allowances or gratuities as the person appointed to chair the Commission may determine with the approval of the Secretary of State, or

• (b) make such payments as the person appointed to chair the Commission may determine with the approval of the Secretary of State towards provision for the payment of a pension, allowance or gratuity to or in respect of any person who is or has been a non-executive director.

• (3) Where—

• (a) a non-executive director ceases to be a member of the Commission otherwise than on the expiry of his term of office, and

• (b) it appears to the person appointed to chair the Commission that there are circumstances which make it right for that person to receive compensation,

the Commission may make a payment to that person of such amount as the person appointed to chair the Commission may determine with the approval of the Secretary of State.

Appointment of deputy chair

8

The person appointed to chair the Commission must appoint one of the non-executive directors as his or her deputy for such period (not exceeding the remainder of the non-executive director's period of office as director) as he or she may specify on making the appointment.

Staff

9

• (1) The Commission is to have a chief executive.

• (2) The chief executive is employed in the civil service of the State.

• (3) The first appointment of a chief executive—

• (a) is to be made by the Secretary of State, and

• (b) is to be on such terms and conditions as to remuneration and other matters as the Secretary of State may, with the approval of the Minister for the Civil Service, determine.

• (4) Subsequent appointments of a chief executive—

• (a) are to be made by the Commission with the approval of the Secretary of State, and

• (b) are to be on such terms and conditions as to remuneration and other matters as the Commission may determine with the approval of the Secretary of State and the Minister for the Civil Service.

10

• (1) The Commission may appoint such other staff as it considers appropriate.

• (2) Any such appointments are to be on such terms and conditions as to remuneration and other matters as the Commission may, with the approval of the Minister for the Civil Service, determine.

Committees

11

• (1) The Commission may establish committees for any purpose.

• (2) Any committee established under sub-paragraph (1) may establish sub-committees.

• (3) Any committee or sub-committee established under this paragraph may consist of or include persons who are not members of the Commission.

• (4) Any sub-committee established under sub-paragraph (2) may consist of or include persons who are not members of the committee by which it is established.

• (5) Sub-paragraphs (2) to (4) do not apply to the committee established under paragraph 20(1) or to any of its sub-committees.

12

Appointment as a member of a committee or sub-committee of the Commission of a person who is not a member of the Commission or its staff is to be on such terms and conditions as to remuneration and other matters as the Commission may determine.

Procedure

13

The Commission may determine—

• (a) its own procedure (including quorum), and

• (b) the procedure (including quorum) of any of its committees.

Delegation

14

• (1) The Commission may authorise—

• (a) any member of the Commission,

• (b) any member of its staff, or

• (c) any of its committees,

to exercise on its behalf such of its functions, in such circumstances, as it may determine.

• (2) This paragraph does not apply to the functions listed in paragraph 20(1).

15

• (1) The person appointed to chair the Commission may authorise—

• (a) any executive member of the Commission,

• (b) any member of its staff, or

• (c) subject to sub-paragraph (2), any of its committees,

to exercise on his or her behalf the functions under paragraph 4(2) or 7.

• (2) Authority may not be given under sub-paragraph (1)(c) to a committee that includes a non-executive director; and authority given under that provision ceases to have effect if a non-executive director becomes a member of the committee concerned.

Instruments

16

• (1) The fixing of the common seal of the Commission must be authenticated by the signature of a person authorised for that purpose by the Commission (whether generally or specifically).

• (2) A document purporting—

• (a) to be duly executed under the seal of the Commission, or

• (b) to be signed on its behalf,

is to be received in evidence and taken, without further proof, to be so executed or signed unless the contrary is proved.

• (3) This paragraph does not apply in relation to Scotland.

Finance

17

• (1) The Secretary of State may out of money provided by Parliament make such payments to the Commission as the Secretary of State considers appropriate for the purpose of enabling the Commission to meet its expenses.

• (2) Payments under this paragraph may be made at such times and subject to such conditions (if any) as the Secretary of State considers appropriate.

Accounts and audit

18

• (1) The Commission must—

• (a) keep proper accounts and proper records in relation to its accounts, and

• (b) prepare in respect of each financial year a statement of accounts.

• (2) Each statement of accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—

• (a) the information to be contained in it and the manner in which it is to be presented;

• (b) the methods and principles according to which the statement is to be prepared;

• (c) the additional information (if any) which is to be provided for the information of Parliament.

• (3) The Commission must send a copy of each statement of accounts—

• (a) to the Secretary of State, and

• (b) to the Comptroller and Auditor General,

before the end of the month of August next following the financial year to which the statement relates.

• (4) The Comptroller and Auditor General must—

• (a) examine, certify and report on each statement of accounts received under sub-paragraph (3), and

• (b) send a copy of each report and certified statement to the Secretary of State.

• (5) The Secretary of State must lay before Parliament a copy of each report and statement sent under sub-paragraph (4)(b).

• (6) In this paragraph, “financial year” means—

• (a) the period beginning with the date on which the Commission is established and ending with the next following 31st March, and

• (b) each successive period of 12 months.

19

The Commission must keep under review the question whether its internal financial controls secure the proper conduct of its financial affairs.

Non-executive functions committee

20

• (1) The Commission must establish a committee to discharge the following functions on its behalf—

• (a) the function under paragraph 9(4)(b);

• (b) the function under paragraph 10(2), so far as relating to executive directors;

• (c) the function under paragraph 12;

• (d) the function under paragraph 19.

• (2) The committee under sub-paragraph (1) is to consist of at least three members.

• (3) Only non-executive members of the Commission may be members of the committee under sub-paragraph (1).

• (4) The committee under sub-paragraph (1) is to be chaired by a person other than the person appointed to chair the Commission.

• (5) The committee under sub-paragraph (1) must prepare a report on the discharge of the functions mentioned in that sub-paragraph for inclusion in the annual report of the Commission to the Secretary of State under section 9.

• (6) The report under sub-paragraph (5) must relate to the same period as the Commission's report.

• (7) The committee under sub-paragraph (1) may establish sub-committees.

• (8) A sub-committee of the committee under sub-paragraph (1) may consist of or include persons who are not members of that committee or the Commission.

• (9) The members of any sub-committee of the committee under sub-paragraph (1) must not include persons who are executive members or other staff of the Commission.

• (10) The committee under sub-paragraph (1) may authorise any of its members or any of its sub-committees to discharge on its behalf—

• (a) the function mentioned in sub-paragraph (1)(d);

• (b) the duty to prepare a report under sub-paragraph (5).

Supplementary powers

21

The Commission may do anything (except borrow money) which is calculated to facilitate, or is conducive or incidental to, the carrying out of its functions.

Status of the Commission

22

• (1) The functions of the Commission, and of its members, are to be exercised on behalf of the Crown.

• (2) For the purposes of any civil proceedings arising out of those functions—

• (a) the Crown Proceedings Act 1947 (c. 44) applies to the Commission as if it were a government department, and

• (b) the Crown Suits (Scotland) Act 1857 (c. 44) applies to it as if it were a public department.

Validity

23

The validity of any proceedings of the Commission (including proceedings of any of its committees) is not to be affected by—

• (a) any vacancy among the members of the Commission or any of its committees,

• (b) any defect in the appointment of any member of the Commission or any of its committees,

• (c) any defect in the appointment of the Commissioner for Child Maintenance, or

• (d) the composition for the time being of the membership of the Commission.

Public records

24

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Child Maintenance and Enforcement Commission. ”

Investigation by Parliamentary Commissioner

25

In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments and authorities subject to investigation), at the appropriate place insert— “ Child Maintenance and Enforcement Commission. ”

Civil service pensions

26

• (1) The Commission must pay to the Minister for the Civil Service, at such times as he or she may direct, such sums as he or she may determine in respect of the increase in the sums payable out of money provided by Parliament that is attributable to the provision of relevant pensions.

• (2) In sub-paragraph (1), “relevant pensions” means pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 (c. 11) payable to or in respect of persons who are or have been in the service of the Commission.

House of Commons disqualification

27

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), at the appropriate place insert— “ The Child Maintenance and Enforcement Commission. ”

Northern Ireland Assembly disqualification

28

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), at the appropriate place insert— “ The Child Maintenance and Enforcement Commission. ”

Freedom of information

29

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), at the appropriate place insert— “ The Child Maintenance and Enforcement Commission. ”

Interpretation

30

In this Schedule—

• (a) references to executive members of the Commission are to the Commissioner for Child Maintenance and the executive directors;

• (b) references to non-executive members of the Commission are to those members of the Commission who are not executive members of it.

31

In this Schedule, references to the staff of the Commission are to the Commissioner for Child Maintenance and the other staff appointed under paragraph 10.

32

In this Schedule, references to the committees of the Commission are to—

• (a) the committee established under paragraph 20 and any of its sub-committees, and

• (b) any committees or sub-committees established under paragraph 11.

SCHEDULE 2

SCHEDULE 3

Part 1 — Consequential amendments

Child Support Act 1991 (c. 48)

1

The Child Support Act 1991 (c. 48) is amended as follows.

2

In section 2 (welfare of children: the general principle)—

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

• (b) for “he” substitute “ it ”;

• (c) for “his” substitute “ its ”.

3

• (1) Section 4 (child support maintenance) is amended as follows.

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

• (3) In subsection (2)—

• (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.

• (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.

• (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 ”.

6

In section 8 (role of the courts with respect to maintenance for children), in subsections (1) and (2), for “Secretary of State” substitute “ Commission ”.

7

• (1) Section 10 (relationship between maintenance calculations and certain court orders etc.) is amended as follows.

• (2) In subsection (4)—

• (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.

• (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.

• (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.

• (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.

• (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 ”.

12

In 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 ”.

13

In section 17 (decisions superseding earlier decisions)—

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

• (b) for “his” (in each place where it occurs) substitute “ its ”;

• (c) for “him” substitute “ it ”.

14

• (1) Section 20 (appeals to appeal tribunals) is amended as follows.

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

15

In section 23A (redetermination of appeals), in subsection (4), before paragraph (a) insert—

(za) the Commission;

.

16

• (1) Section 24 (appeal to Child Support Commissioner) is amended as follows.

• (2) For subsection (1) substitute —

(1) Each of the following may appeal to a Child Support Commissioner on a question of law— (a) the Commission, (b) the Secretary of State, and (c) any person who is aggrieved by the decision of an appeal tribunal.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

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

18

In section 26 (disputes about parentage), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

19

In section 27 (applications for declaration of parentage) for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

20

In 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 ”.

21

In section 28 (power to initiate or defend actions of declarator), for “Secretary of State” (in each place where it occurs, including the title) substitute “ Commission ”.

22

In section 28ZA (decisions involving issues that arise on appeal in other 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 ”.

23

In section 28ZB (appeals involving issues that arise on appeal in other cases)—

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

• (b) for “he” (in both places where it occurs) substitute “ the Commission ”;

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

• (d) for “his” substitute “ its ”.

24

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

25

In section 28A (application for variation of usual rules for calculating maintenance), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

26

• (1) Section 28B (preliminary consideration of applications) is amended as follows.

• (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 ”.

27

In 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 ”.

28

In section 28D (determination of applications)—

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

• (b) for “he” substitute “ it ”.

29

In section 28E (matters to be taken into account)—

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

• (b) for “him” substitute “ it ”.

30

In section 28F (agreement to variation)—

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

• (b) for “he” (in each place where it occurs) substitute “ it ”;

• (c) for “his” (in each place where it occurs) substitute “ its ”.

31

In section 28J (voluntary payments), in subsections (1), (2) and (4)—

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

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

32

• (1) Section 29 (collection of child support maintenance) is amended as follows.

• (2) In subsection (1)—

• (a) for “Secretary of State” (in both places where it occurs) substitute “ 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.

• (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 ”.

34

In 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 ”.

35

In section 32 (regulations about deduction from earnings orders), in subsections (2) and (3), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

36

In section 33 (liability orders), for “Secretary of State” (in each place where it occurs) substitute “ Commission ”.

37

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

38

• (1) Section 35 (enforcement of liability orders by distress) is amended as follows.

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

• (3) In subsection (3)—

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

• (b) for “his” substitute “ its ”.

39

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

40

In section 38 (enforcement of liability orders by diligence), subsection (1) is amended as follows—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

In 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.

• (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.

• (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.

• (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.

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