Legalize / United Kingdom / Public General Act

Child Poverty Act 2010

Type Public General Act

Publication 2010-03-25

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Strategies: Northern Ireland

Targets relating to child poverty

The 2010 target

1

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Duty of Secretary of State to ensure that targets in sections 3 to 6 are met

2

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The relative low income target

3

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The combined low income and material deprivation target

4

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The absolute low income target

5

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The persistent poverty target

6

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Interpretation of terms used in relation to targets

7

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The Child Poverty Commission

8

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Strategies: duties of Secretary of State

UK strategies

9

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Provision of advice by Commission and consultation with others

10

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Strategies: duties of ... relevant Northern Ireland department

Scottish strategies

11

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Northern Ireland strategies

12

(1) The relevant Northern Ireland department must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish and lay before the Northern Ireland Assembly the first Northern Ireland strategy.

(2) A “Northern Ireland strategy” is a strategy under this section setting out the measures that the Northern Ireland departments propose to take—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the purpose of ensuring as far as possible that children in Northern Ireland do not experience socio-economic disadvantage.

(3) Before the end of the period to which a Northern Ireland strategy relates, the relevant Northern Ireland department must review the strategy and publish and lay before the Northern Ireland Assembly a revised Northern Ireland strategy, but this subsection does not apply after 31 March 2020.

(4) A Northern Ireland strategy must—

(a) where it relates to a period ending before 1 April 2021—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) describe the ... progress that the Northern Ireland departments intend to make by the end of the period to which the strategy relates in achieving the purpose mentioned in subsection (2)(b), and

(b) describe the progress that the Northern Ireland departments intend to make by 31 March 2021 in achieving the purpose mentioned in subsection (2)(b), ....

(5) A Northern Ireland strategy other than the first must also—

(a) describe the measures taken by the Northern Ireland departments in accordance with the previous Northern Ireland strategy,

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

(c) describe the effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).

(6) A Northern Ireland strategy may not include proposals that relate to excepted or reserved matters, within the meaning of the Northern Ireland Act 1998.

(7) The relevant Northern Ireland department must, on or before each report date relating to a Northern Ireland strategy, lay before the Northern Ireland Assembly a report which—

(a) describes the measures taken by the Northern Ireland departments in accordance with the Northern Ireland strategy,

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

(c) describes the effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).

(8) The report dates relating to a Northern Ireland strategy are each anniversary of the day on which it was laid before the Northern Ireland Assembly, other than an anniversary which falls—

(a) on or after the date on which a subsequent Northern Ireland strategy is so laid, or

(b) after 31 March 2021.

(9) References in this section to the period to which a Northern Ireland strategy relates are references to the period beginning with the date on which the Northern Ireland strategy is laid before the Northern Ireland Assembly and—

(a) except in the case of a Northern Ireland strategy laid before the Assembly less than 3 years before 1 April 2020, ending 3 years later, and

(b) in that excepted case, ending with 31 March 2021.

Advice and consultation: Scotland and Northern Ireland

13

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In preparing ... a Northern Ireland strategy, the relevant Northern Ireland department—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) must consult the Secretary of State,

(c) must consult such children, and organisations working with or representing children, as the relevant Northern Ireland department thinks fit,

(d) must consult such parents, and organisations working with or representing parents, as the relevant Northern Ireland department thinks fit, and

(e) may consult such other persons as the relevant Northern Ireland department thinks fit.

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

Reports by Secretary of State

14

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Statement required in relation to target year

15

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Economic and fiscal circumstances

16

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In preparing a Northern Ireland strategy, the relevant Northern Ireland department must have regard to—

(a) the resources that are or may be available to the Northern Ireland departments, and

(b) the effect of the implementation of the strategy on those resources.

Continuing effect of targets after target year

17

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Supplementary

Interpretation of Part 1

18

(1) In this Part—

“child” means—a person under the age of 16, ora person who is a qualifying young person for the purposes of Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (child benefit);

“parent” means—any individual who has parental responsibility for a child, orany other individual with whom a child resides and who has care of the child.

(1A) In paragraph (a) of the definition of “parent” in subsection (1), the reference to “parental responsibility” is to be read in accordance with the Children (Northern Ireland) Order 1995.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Part 2 — Duties of local authorities and other bodies in England

Responsible local authorities

19

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Partner authorities

20

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Co-operation to reduce child poverty in local area

21

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Local child poverty needs assessment

22

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Joint child poverty strategy for local area

23

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Sustainable community strategy

24

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Meaning of “child poverty” in Part 2

25

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Part 3 — Miscellaneous and General

Free school lunches and milk

26

(1) In section 512ZB of the Education Act 1996 (provision of free school lunches and milk), in subsection (4)—

(a) after “A person” insert “ (“C”) ” ,

(b) in paragraph (a)—

(i) for “his parent” substitute “ C's parent ” ,

(ii) at the end of sub-paragraph (iia), insert “ or ” , and

(iii) omit sub-paragraph (iv) (including the “or” immediately following it),

(aa) C meets any conditions prescribed for the purposes of this paragraph and C's parent is, in such circumstances as may be so prescribed— (i) in receipt of any benefit or allowance not falling within paragraph (a) that is so prescribed, or (ii) entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed, or

(d) in paragraph (b)—

(i) for “he, himself, is—” substitute “ C is— ” ,

(ii) at the end of sub-paragraph (ii), insert “ or ” , and

(iii) omit sub-paragraph (iii), and

(e) at the end insert—

(c) C meets any conditions prescribed for the purposes of this paragraph and is— (i) in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, or (ii) entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed.

(2) Any regulations made under paragraph (a)(iv) of subsection (4) of section 512ZB of the Education Act 1996 and in force immediately before the coming into force of this section are to have effect as if made under paragraph (aa) of that subsection.

(3) Any regulations made under paragraph (b)(iii) of subsection (4) of section 512ZB of the Education Act 1996 and in force immediately before the coming into force of this section are to have effect as if made under paragraph (c) of that subsection.

General

General interpretation

27

(1) In this Act—

“ the Commission ” means the Social Mobility Commission;

“financial year” means the 12 months ending with 31 March;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“Northern Ireland strategy” has the meaning given by section 12(2);

“the relevant Northern Ireland department” means the Office of the First Minister and deputy First Minister.

(2) In this Act “appointed day for Northern Ireland” means such day as a Minister of the Crown may by order with the consent of the Northern Ireland Assembly appoint (and different days may be appointed for the purposes of different provisions of this Act).

Regulations and orders

28

(1) Any power to make ... an order under this Act is exercisable by statutory instrument.

(2) Any ... order under this Act may—

(a) make different provision for different cases,

(b) include supplementary, incidental and consequential provision, and

(3) A power conferred by any provision of this Act to make ... an order includes power to provide for a person to exercise a discretion in dealing with any matter.

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

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

Financial provisions

29

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister of the Crown, and

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

Extent

30

(1) Except as provided by subsections (2) to (4), the provisions of this Act extend to England and Wales, Scotland and Northern Ireland.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Part 1 extends to Northern Ireland only.

(4) Section 26 extends to England and Wales only.

Commencement

31

(1) This Act, except Part 2 and section 26, comes into force on the day on which this Act is passed.

(2) Part 2 and section 26 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.

Short title

32

This Act may be cited as the Life Chances Act 2010.

SCHEDULE 1

Membership, chair and deputy chair

1

(1) The members of the Commission are to be—

(a) a chair appointed by a Minister of the Crown,

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

(d) after the appointed day for Northern Ireland, a member appointed by the relevant Northern Ireland department, and

(e) any other members appointed by a Minister of the Crown.

(2) A Minister of the Crown may appoint one of the members as the deputy chair.

Term of office

2

Members are to hold and vacate office in accordance with the terms of their appointment, subject to the following provisions.

3

Members must be appointed for a term of not more than five years.

4

A member may resign by giving notice in writing to a Minister of the Crown.

5

A Minister of the Crown may remove a member if—

(a) the person has been absent from three or more consecutive meetings of the Commission without its permission,

(b) the person has become bankrupt or has made an arrangement with creditors,

(c) the person's estate has been sequestrated in Scotland or the person, under Scots law, has made a composition or arrangement with, or granted a trust deed for, creditors, or

(d) the Minister is satisfied that the person is otherwise unable or unfit to perform the duties of the office.

6

A person ceases to be the chair or the deputy chair if the person—

(a) resigns that office by giving notice in writing to a Minister of the Crown, or

(b) ceases to be a member.

7

A person who holds or has held office as the chair, or as the deputy chair or other member, may be reappointed, whether or not to the same office.

8

(1) A Minister of the Crown may provide the Commission with—

(a) such staff,

(b) such accommodation, equipment and other facilities, and

as the Minister may determine are required by the Commission in the exercise of its functions.

(2) A Minister of the Crown may, if the Commission so requests, carry out or commission research for the purpose of the carrying out of the Commission's functions.

Staff and facilities

9

A Minister of the Crown may pay to or in respect of the members of the Commission such remuneration, allowances and expenses as the Minister may determine.

Research

10

The Commission may do anything that appears to it necessary or appropriate for the purpose of, or in connection with, the carrying out of its functions.

Payments to members

11

The Commission is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown.

Status

12

The Commission may establish sub-committees.

Sub-committees

13

The Commission may regulate—

(a) its own procedure (including quorum);

(b) the procedure of any sub-committee (including quorum).

Validity of proceedings

14

The validity of anything done by the Commission or any sub-committee is not affected by—

(a) any vacancy in the membership of the Commission or sub-committee, or

(b) any defect in the appointment of any member of the Commission or a sub-committee.

15

The Commission may authorise a sub-committee or member to exercise any of the Commission's functions.

Discharge of functions

16

The Commission may authorise a sub-committee or member to exercise any of the Commission’s functions.

Provision of advice by Commission

17

(1) The Commission must comply with any request made by the Secretary of State under section 10 or by the Scottish Ministers or the relevant Northern Ireland department under section 13.

(2) Advice given by the Commission under either of those sections must contain the reasons for the advice.

(3) As soon as reasonably practicable after giving advice under either of those sections, the Commission must publish the advice in such manner as it thinks fit.

Public records

18

In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3 at the appropriate place insert—

The Child Poverty Commission.

Parliamentary Commissioner

19

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert—

The Child Poverty Commission.

Disqualification

20

(1) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert—

The Child Poverty Commission.

(2) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert—

The Child Poverty Commission.

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