SCHEDULES
SCHEDULE 3Transfer of child support functions
Part 1Consequential 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
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
I140
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
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
3
In subsection (1A)—
a
for “Secretary of State” substitute “
Commission
”
;
b
for “him” substitute “
it
”
.
4
In subsection (2), for “Secretary of State”
(in both places where it occurs) substitute “
Commission
”
.
5
In subsection (3)—
a
for “Secretary of State” substitute “
Commission
”
;
b
for “he” substitute “
it
”
;
c
for “him” substitute “
it
”
.
6
In subsections (4), (5) and (6)(a), for “Secretary of State” substitute “
Commission
”
.
7
In subsection (9)—
a
for “Secretary of State” substitute “
Commission
”
;
b
for “him” substitute “
it
”
.
46
In section 44 (jurisdiction), in subsection (1), for “Secretary of State” substitute “
Commission
”
.
47
In section 46 (reduced benefit decisions), in subsection (3)(a), for “Secretary of State” substitute “
Commission
”
.
48
In section 46A (finality of decisions), in subsection (1), after “decision of” insert “
the Commission,
”
.
49
In section 46B (matters arising as respects decisions), in subsection (1)(a), for “Secretary of State” substitute “
Commission
”
.
50
In section 48 (right of audience), in subsection (1), for “Secretary of State”
(in both places where it occurs) substitute “
Commission
”
.
51
After section 50 insert—
50AUse of computers
Any decision falling to be made under or by virtue of this Act by the Commission may be made, not only by a person authorised to exercise the Commission's decision-making function, but also by a computer for whose operation such a person is responsible.
52
1
Schedule 1 (maintenance calculations) is amended as follows.
2
In paragraph 7(3), for “Secretary of State” substitute “
Commission
”
.
3
In paragraph 10(2)—
a
for “Secretary of State” substitute “
Commission
”
;
b
for “his” substitute “
its
”
.
4
In paragraph 10B(a), for “Secretary of State”
(in both places where it occurs) substitute “
Commission
”
.
5
In paragraphs 12 and 13, for “Secretary of State” substitute “
Commission
”
.
6
In paragraph 15—
a
for “Secretary of State” substitute “
Commission
”
;
b
for “he” substitute “
it
”
.
7
In paragraph 16(10), for “Secretary of State”
(in both places where it occurs) substitute “
Commission
”
.
53
In paragraph 4 of Schedule 4A, for “Secretary of State”
(in both places where it occurs) substitute “
Commission
”
.
Social Security Act 1998 (c. 14)
54
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .