The Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008

• Citation: S.I. 2008/2675
• Sections: 4

Section 1 Citation and interpretation

(1) This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008.

(2) In this Order “the relevant date” means 1st November 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.

Section 2 Appointed day for paragraph 40(b) of Schedule 3

Paragraph 40(b) of Schedule 3 (transfer of child support functions) and section 13, in so far as it relates to that sub-paragraph, come into force—

(a) in relation to Scotland, immediately after paragraph 18(a)(i) of Schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 comes into force; and

(b) in relation to England and Wales, immediately after paragraph 18(a)(i) of Schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 extends to England and Wales.

Section 3 Appointed day for other provisions

The following provisions come into force on the relevant date—

(a) section 3(1)(a) (functions of the Commission : general);

(b) section 13 (transfer of child support functions) and Schedules 2 and 3, except in relation to paragraph 40(b) of Schedule 3;

(c) section 14 (transfer of property, rights and liabilities);

(d) section 44 and Schedule 6 (use of information);

(e) sections 57(1) and 58, so far as relating to the paragraphs and entries referred to in sub-paragraphs (f) and (g) below;

(f) paragraph 1(19), (20), (21) and (33) of Schedule 7 (minor and consequential amendments); and

(g) in Schedule 8 (repeals), the entries relating to the repeals in—

(i) section 50(5) of, and Schedule 2 to, the Child Support Act 1991 ; and

(ii) section 80 of the Welfare Reform and Pensions Act 1999 .

Section 4 Transitional provision

Where, on or after the relevant date, any document or notice relating to a function transferred to the Commission by virtue of section 13 is given or sent to any person by the Commission which contains a reference to the Secretary of State, that document or notice is not to be invalidated by virtue of that reference.