Be it enacted by the Queen’s most Excellent Majesty, by any with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Application for a departure direction
In the 1991 Act, insert after section 28—
Schedule 1 inserts in the 1991 Act a new Schedule 4A which makes supplemental provision with respect to procedural and other matters.
In the 1991 Act, insert after section 28A—
In the 1991 Act, insert after section 28B—
In the 1991 Act, insert after section 28C—
In the 1991 Act, insert after section 28D—
In the 1991 Act, insert after section 28E—
Schedule 2 inserts in the 1991 Act the new Schedule 4B which is referred to in subsections (1)(a) and (7) of the new section 28F inserted by this section.
In the 1991 Act, insert after section 28F—
In the 1991 Act, insert after section 28G—
In the 1991 Act, insert after section 28H—
The child maintenance bonus
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reviews of maintenance assessments etc.
In section 12 of the 1991 Act (interim maintenance assessments), for subsection (1) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 16 of Schedule 1 to the 1991 Act (termination of maintenance assessments), insert after sub-paragraph (4)—
In sub-paragraph (7) of paragraph 16 of Schedule 1 to the 1991 Act, after “sub-paragraph” insert“ (4A), ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
In section 4 of the 1991 Act (right of person with care or absent parent to apply for maintenance assessment), insert at the end—
In section 7 of the 1991 Act (right of child in Scotland to apply for maintenance assessment), insert at the end—
In section 8 of the 1991 Act (role of the courts with respect to maintenance for children), after subsection (3) insert—
In section 9 of the 1991 Act (maintenance agreements), at the beginning of subsection (3) insert “ Subject to section 4(10)(a) and section 7(10), ” and after subsection (5) insert—
The Secretary of State may by order repeal any of the provisions of this section.
Neither section 4(10) nor section 7(10) of the 1991 Act shall apply in relation to a maintenance order made in the circumstances mentioned in subsection (7) or (8) of section 8 of the 1991 Act.
The Secretary of State may by regulations make provision for section 4(10), or section 7(10), of the 1991 Act not to apply in relation to such other cases as may be prescribed.
Part I of the Schedule to the Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (phased take-on of certain cases) is hereby revoked.
At any time before 7th April 1997, neither section 8(3), nor section 9(5)(b), of the 1991 Act shall apply in relation to any case which fell within paragraph 5(2) of the Schedule to the 1992 order (pending cases during the transitional period set by that order).
In section 11 of the 1991 Act, after subsection (1) (referral of application for maintenance assessment to child support officer) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 28 of the 1991 Act (power of Secretary of State to initiate or defend actions of declarator) is amended as set out in subsections (6) and (7).
For subsection (1) substitute—
In subsection (2), at the end insert “ or in a maintenance assessment which is in force ”.
After section 27 of the 1991 Act insert—
In the 1991 Act, insert after section 41—
In the 1991 Act, insert after section 41A—
In the Social Security Administration Act 1992, insert after section 74—
Supplemental
Any power under this Act to make regulations or orders shall be exercisable by statutory instrument.
Any such power may be exercised to make different provision for different cases, including different provision for different areas.
Any such power includes power—
to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State to be expedient; and
to provide for a person to exercise a discretion in dealing with any matter.
Subsection (5) applies to—
the first regulations made under section 10;
any order made under section 18(5);
the first regulations made under section 24.
No regulations or order to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations or order has been laid before Parliament and approved by a resolution of each House.
Any other statutory instrument made under this Act, other than one made under section 30(4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act “the 1991 Act” means the Child Support Act 1991.
Expressions in this Act which are used in the 1991 Act have the same meaning in this Act as they have in that Act.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State under or by virtue of this Act;
any increase attributable to this Act in the sums payable out of money so provided under or by virtue of any other enactment.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Act may be cited as the Child Support Act 1995.
This Act and the 1991 Act may be cited together as the Child Support Acts 1991 and 1995.
Section 29 and this section (apart from subsection (5)) come into force on the passing of this Act.
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.
Schedule 3 makes minor and consequential amendments.
This Act, except for—does not extend to Northern Ireland.
this section, and
paragraphs 1, 18, 19 and 20 of Schedule 3,
Departure Directions
The following Schedule is inserted in the 1991 Act, after Schedule 4—
Departure Directions: The Cases and Controls
The following Schedule is inserted in the 1991 Act, after Schedule 4A—
Minor and Consequential Amendments
Income and Corporation Taxes Act 1988 (c. 1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Support Act 1991 (c. 48)
The 1991 Act is amended as follows.
In section 14 (information required by Secretary of State), after subsection (1) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 24 (appeal to Child Support Commissioner) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (3), for paragraph (c) substitute—
In section 25 (appeal from Child Support Commissioner on question of law), insert after subsection (3)—
In the definition of “appropriate court” in subsection (4) of that section, for the words from “means” to “Session” substitute “ , except in subsections (3A) and (3B), means the court specified in accordance with those subsections ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 33 (liability orders), at the end add—
In section 41 (retention by Secretary of State of arrears recovered by him in benefit cases) for subsection (2) substitute—
In section 46(5) (circumstances in which child support officer may give a reduced benefit direction), after “may” insert“ , except in prescribed circumstances, ”.
In section 47 (fees), in subsections (1) and (2) in each case after “takes” insert “ , or proposes to take, ”.
In section 48(1) (power of Secretary of State to confer right of audience), for “person authorised” substitute “ officer of the Secretary of State who is authorised ”.
In section 52(2) (statutory instruments subject to affirmative resolution control)—
after “12(2),” insert“ 28C(2)(b), 28F(3), 30(5A) ”;
after “or (4)” insert“ 41A, 41B(6) ”; and
after “Schedule 1” insert“ or under Schedule 4B ”.
In section 54 (interpretation), insert the following definitions in the appropriate places—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 3(2) of Schedule 5 (amendment of the House of Commons Disqualification Act 1975), after “Part I” insert “ of Schedule 1 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 4(1) of Schedule 5 (amendment of the Northern Ireland Assembly Disqualification Act 1975), after “Part I of” insert “ Schedule 1 to ”.
Social Security Administration Act 1992 (c. 5)
In section 170(5) of the Social Security Administration Act 1992 (the Social Security Advisory Committee)—
in the definition of “the relevant enactments”, after paragraph (aa) insert—; and
in the definition of “the relevant Northern Ireland enactments”, after paragraph (aa) insert—.