Part 1The Child Maintenance and Enforcement Commission
1The Child Maintenance and Enforcement Commission
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2Objectives of the Commission
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I13Functions of the Commission: general
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Promotion of child maintenance
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5Provision of information and guidance
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6Fees
1
The Secretary of State may by regulations make provision about the charging of fees by the F6Secretary of State in connection with the exercise of its functions.
2
Regulations under subsection (1) may, in particular, make provision—
a
about when a fee may be charged;
b
about the amount which may be charged;
c
for the supply of information needed for the purpose of determining the amount which may be charged;
d
about who is liable to pay any fee chargedF19(including provision for the apportionment of fees and the matters to be taken into account in determining an apportionment);
e
about when any fee charged is payable;
f
about the recovery of fees charged;
g
about F20..., reduction or repayment of fees.
F21h
about waiver of fees (including the matters to be taken into account in determining a waiver).
3
The power conferred by subsection (1) includes power to make provision for the charging of fees which are not related to costs.
F223A
The Secretary of State must review the effect of the first regulations made under subsection (1).
3B
The review must take place before the end of the period of 30 months beginning with the day on which those regulations come into force.
3C
After the review, the Secretary of State must make and publish a report containing—
a
the conclusions of the review, and
b
a statement as to what the Secretary of State proposes to do in view of those conclusions.
3D
The report must be laid before Parliament by the Secretary of State.
4
The Secretary of State may by regulations provide that the provisions of the Child Support Act 1991 (c. 48) with respect to—
a
the collection of child support maintenance,
b
the enforcement of any obligation to pay child support maintenance,
shall apply equally (with any necessary modifications) to fees payable by virtue of regulations under subsection (1).
5
6
Subsections (3) to (5), (7) and (8) of section 20 of the Child Support Act 1991 (appeals to F8First-tier Tribunal) apply to appeals under regulations under subsection (5) as they apply to appeals under that section.
7
7Agency arrangements and provision of services
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8Contracting out
1
2
An authorisation given by virtue of subsection (1) may authorise the exercise of the function concerned—
a
either wholly or to such extent as may be specified in the authorisation,
b
either generally or in such cases or areas as may be so specified, and
c
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
3
An authorisation given by virtue of subsection (1)—
a
may specify its duration,
b
may be revoked at any time by the F14Secretary of State, and
c
shall not prevent the F14Secretary of State or any other person from exercising the function to which the authorisation relates.
4
Where a person is authorised to exercise any function by virtue of subsection (1), anything done or omitted to be done by or in relation to that person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the F14Secretary of State.
5
Subsection (4) shall not apply—
a
for the purposes of so much of any contract made between the authorised person and the F14Secretary of State as relates to the exercise of the function, or
b
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
6
Where—
a
a person is authorised to exercise any function by virtue of subsection (1), and
b
the authorisation is revoked at a time when a relevant contract is subsisting,
the authorised person shall be entitled to treat the relevant contract as repudiated by the F14Secretary of State(and not as frustrated by reason of the revocation).
7
In subsection (6), the reference to a relevant contract is to so much of any contract made between the authorised person and the F14Secretary of State as relates to the exercise of the function.
9Annual report to Secretary of State
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10Directions and guidance
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11Review of the status of the Commission
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12Supplementary provisions
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .