2008 No. 2548 (C. 110)
The Child Maintenance and Other Payments Act 2008 (Commencement No. 3 and Transitional and Savings Provisions) Order 2008
Made
The Secretary of State, in exercise of the powers conferred by sections 62(3) and (4) of the Child Maintenance and Other Payments Act 20081, makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 3 and Transitional and Savings Provisions) Order 2008.
2
In this Order—
“the 1991 Act” means the Child Support Act 19912;
“the relevant date” means the 27th October 2008.
3
In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.
Appointed days for sections 20 and 362
The following provisions come into force on 26th September 2008 for the purpose of making regulations and on the relevant date for all other purposes—
a
section 20 (use of deduction from earnings orders as basic method of payment); and
b
section 36 (offence of failing to notify change of address).
Appointed day for other provisions3
So far as not already in force, the following provisions come into force on the relevant date—
a
section 15(a) (repeal of section 6 of the 1991 Act);
b
sections 57(1) and 58, so far as relating to the paragraphs and entries referred to in sub-paragraphs (c) and (d) below;
c
paragraph 2(1) and (2) of Schedule 7 (minor and consequential amendments); and
d
in Schedule 8 (repeals), the entries relating to repeals in—
i
sections 4, 8, 9, 11, 12, 14, 26, 27, 27A, 28, 28A, 28F, 28J, 29, 41 and 52 of, and Schedules 4A and 4B to, the 1991 Act;
ii
sections 107 and 122(3) of the Social Security Administration Act 19923; and
iii
section 3 of, and paragraphs 11(3) to (6), (8) to (10), (13)(a) and (22) of Schedule 3 to the Child Support, Pensions and Social Security Act 20004.
Transitional and savings provisions4
1
Any existing case, as defined in paragraph (2), is to be treated from the relevant date as though the person with care had made an application under section 4 of the 1991 Act.
2
In paragraph (1) an existing case is one in which, immediately before 14th July 2008, section 6 of the 1991 Act applied in relation to a parent with care and—
a
a maintenance calculation or assessment was in force as a result of the Secretary of State acting under that section; or
3
Paragraph (1) is not to apply in any case where the maintenance assessment or calculation ceases to have effect, or would have ceased to have effect had it been made, before the relevant date.
4
The repeal of section 6 of the 1991 Act is not to prevent the Secretary of State from exercising any powers that he would have otherwise had under section 41 of the 1991 Act to recover and retain arrears of child support maintenance accrued in relation to any period before the relevant date.
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Child Maintenance and Other Payments Act 2008 have been brought into force by commencement order made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
|---|---|---|
part 1 (partially) | 18th July 2008 | |
section 1 (partially) | 10th June 2008 | |
section 15 (partially) | 14th July 2008 | |
section 43 | 5th August 2008 | |
section 45 | 14th July 2008 | |
section 46 (partially) | 10th June 2008 | |
section 46 (for all other purposes) | 1st October 2008 | |
section 47 (partially) | 10th June 2008 | |
section 47 (for all other purposes) | 1st October 2008 | |
section 48 (partially) | 10th June 2008 | |
section 48 (for all other purposes) | 1st October 2008 | |
section 49 (partially) | 10th June 2008 | |
section 49 (for all other purposes) | 1st October 2008 | |
section 50 (partially) | 10th June 2008 | |
section 50 (for all other purposes) | 1st October 2008 | |
section 51 | 1st October 2008 | |
section 52 | 1st October 2008 | |
section 53 (partially) | 10th June 2008 | |
section 53 (for all other purposes) | 1st October 2008 | |
section 54 (partially) | 10th June 2008 | |
section 54 (for all other purposes) | 1st October 2008 | |
section 56 | 10th June 2008 | |
section 57(2) | 10th June 2008 | |
section 59 | 10th June 2008 | |
section 60(1) | 10th June 2008 | |
schedule 1 (partially) | 10th June 2008 | |
schedule 1 (for all other purposes) | 18th July 2008 | |
schedule 7 (partially) | 14th July 2008 | |
schedule 8 (partially) | 14th July 2008 |