The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012

• Citation: S.I. 2012/2007
• Sections: 130

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012.

(2) Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.

(3) Paragraph 109(f) of the Schedule comes into force on the day after that on which the other provisions of this Order come into force.

(4) In this Order—

“the 1991 Act ” means the Child Support Act 1991 ;

“the 2008 Act ” means the Child Maintenance and Other Payments Act 2008 ;

“ the Commission ” means the Child Maintenance and Enforcement Commission established by section 1 of the 2008 Act;

“the commencement date” means the date on which this Order (other than paragraph 109(f) of the Schedule) comes into force.

Section 2 Abolition of the Commission

The Commission is abolished.

Section 3 Transfer of functions of the Commission to the Secretary of State

(1) The functions of the Commission that were transferred to it by section 13 of the 2008 Act (transfer of child support functions) are transferred back to the Secretary of State.

(2) The Schedule, making consequential, incidental and supplementary amendments, has effect.

(3) All property, rights and liabilities to which the Commission was entitled or subject immediately before the commencement date are transferred to and vested in the Secretary of State.

Section 4 Accounts and audit

(1) It is the duty of the Secretary of State to take such action as may be necessary for the winding up of the affairs of the Commission, including the preparation of a statement of accounts for the period beginning on 1st April 2012 and ending on the commencement date.

(2) The Secretary of State must send a copy of the statement of accounts referred to in paragraph (1) to the Comptroller and Auditor General before the end of the period of five months beginning with the commencement date.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts received under paragraph (2); and

(b) send a copy of that report and certified statement to the Secretary of State.

(4) The Secretary of State must lay before Parliament a copy of the report and statement sent under paragraph (3)(b).

Section 5 Provision for the continuity of the exercise of functions

(1) Anything which—

(a) relates to any function transferred to the Secretary of State by virtue of article 3, and

(b) immediately before the commencement date, is in the process of being done by or in relation to the Commission,

may be continued by or in relation to the Secretary of State.

(2) Anything done (or having effect as if done) by or in relation to the Commission before the commencement date for the purpose of, or in connection with, any function transferred by virtue of article 3 shall, so far as is required for continuing its effect from that date, have effect as if done by or in relation to the Secretary of State.

(3) Any enactment, instrument or other document has effect, so far as necessary for the purposes of or in consequence of the transfer effected by article 3, as if any reference to the Commission were a reference to the Secretary of State.

(4) Nothing in article 3 shall affect the validity of anything done (or having effect as if done) by or in relation to the Commission before the commencement date.

(5) Where, on or after the commencement date, any document or notice relating to a function transferred to the Secretary of State by virtue of article 3 is given or sent to any person by the Secretary of State which contains a reference to the Commission, that document or notice is not to be invalidated by virtue of that reference.

Section 1 The Child Support Act 1991

The 1991 Act is amended as follows.

Section 2 The Child Support Act 1991

In section 2 (welfare of children: the general principle) —

(a) for “Commission” substitute “Secretary of State”;

(b) for “it” substitute “the Secretary of State”; and

(c) for “its” substitute “the”.

Section 3 The Child Support Act 1991

In section 4 (child support maintenance) —

(a) in subsection (1), for “Commission” substitute “Secretary of State”;

(b) in subsection (2), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”;

(c) in subsection (3), for “Commission” (in both places) substitute “Secretary of State” and for “it” substitute “the Secretary of State”;

(d) in subsection (4), for “Commission” (in both places) substitute “Secretary of State”;

(e) in subsection (5), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”; and

(f) in subsections (6) and (7)(b), for “Commission” substitute “Secretary of State”.

Section 4 The Child Support Act 1991

In section 7 (right of child in Scotland to apply for calculation) —

(a) in subsections (1) and (2), for “Commission” substitute “Secretary of State”;

(b) in subsection (3), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”;

(c) in subsection (4), for “Commission” (in both places) substitute “Secretary of State” and for “it” substitute “the Secretary of State”;

(d) in subsection (5), for “Commission” (in both places) substitute “Secretary of State”; and

(e) in subsections (6), (7) and (8)(b), for “Commission” substitute “Secretary of State”.

Section 5 The Child Support Act 1991

In section 8 (role of the courts with respect to maintenance for children), in subsections (1) and (2), for “Commission” substitute “Secretary of State”.

Section 6 The Child Support Act 1991

In section 10 (relationship between maintenance calculations and certain court orders etc ) —

(a) in subsection (4)(a), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”; and

(b) in subsections (4)(b) and (5), for “Commission” substitute “Secretary of State”.

Section 7 The Child Support Act 1991

In section 11 (as substituted by the Child Support, Pensions and Social Security Act 2000) (maintenance calculations) —

(a) in subsections (1) and (2), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”; and

(b) in subsection (7), for “Commission” substitute “Secretary of State” and for “it determines” substitute “determined”.

Section 8 The Child Support Act 1991

(1) Section 12 (as substituted by the Child Support, Pensions and Social Security Act 2000) (default and interim maintenance decisions) is amended as follows.

(2) In subsection (1)—

(a) for “Commission” (in both places) substitute “Secretary of State”;

(b) for the second “it” substitute “the Secretary of State”;

(c) for “it to do so” substitute “such a decision to be made”; and

(d) for the final “it” substitute “the Secretary of State”.

(3) In subsection (2), for “Commission” substitute “Secretary of State”.

Section 9 The Child Support Act 1991

In section 14 (information required by Commission) , in the title and in subsections (3) and (4) for “Commission” (in each place) substitute “Secretary of State”.

Section 10 The Child Support Act 1991

In section 15 (powers of inspectors) —

(a) in subsection (1), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”; and

(b) in subsection (2), for “Commission” substitute “the Secretary of State”.

Section 11 The Child Support Act 1991

(1) Section 16 (revision of decisions) is amended as follows.

(2) In subsection (1), for “Commission” (in both places) substitute “Secretary of State” and for “its” substitute “the Secretary of State’s”.

(3) In subsection (1A), for “Commission” substitute “Secretary of State”.

(4) In subsection (1B)—

(a) for “Commission” substitute “Secretary of State”;

(b) in paragraph (a), for the first “it” substitute “the Secretary of State” and omit “it were”; and

(c) in paragraph (b), for the first “it” substitute “the Secretary of State” and for “its” substitute “the”.

(5) In subsection (2)—

(a) for “Commission” substitute “Secretary of State”;

(b) for “it” substitute “the Secretary of State”; and

(c) for “its” substitute “the Secretary of State’s”.

(6) In subsection (6), for “Commission” substitute “Secretary of State”.

Section 12 The Child Support Act 1991

(1) Section 17 (decisions superseding earlier decisions) is amended as follows.

(2) In subsection (1), for “Commission” (in both places) substitute “Secretary of State” and for “its” substitute “the Secretary of State’s”.

(3) In subsection (2) (as it has effect before the coming into force of section 17 of the 2008 Act)—

(a) for “Commission” substitute “Secretary of State”;

(b) for “it” substitute “the Secretary of State”; and

(c) for “its” substitute “the Secretary of State’s”.

(4) In subsection (4A), for “Commission” substitute “Secretary of State” and for “its” substitute “the Secretary of State’s”.

Section 13 The Child Support Act 1991

In section 20 (appeals to First-tier Tribunals) (as substituted by the Child Support, Pensions and Social Security Act 2000) , in subsections (1)(a) and (b), (2)(a)(i), (7)(b) and (8)(b), for “Commission” substitute “Secretary of State”.

Section 14 The Child Support Act 1991

In section 23A (redetermination of appeals) , omit subsection (4)(za).

Section 15 The Child Support Act 1991

In section 24 (appeals to Upper Tribunal) —

(a) omit subsection (1)(a); and

(b) in subsection (2), omit “the Commission or” (in both places).

Section 16 The Child Support Act 1991

In section 26 (disputes about parentage) , in subsection (1) and in Cases A1 and E in subsection (2), for “Commission” substitute “Secretary of State”.

Section 17 The Child Support Act 1991

In section 27 (applications for declaration of parentage under Family Law Act 1986) , in subsections (1)(b) and (c) and (2)(b), for “Commission” substitute “Secretary of State”.

Section 18 The Child Support Act 1991

In section 27A (recovery of fees for scientific tests) —

(a) in subsection (2)(c), for “Commission” substitute “Secretary of State”; and

(b) in subsections (3) and (5), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”.

Section 19 The Child Support Act 1991

In section 28 (power to initiate or defend actions of declarator) , in the title and in subsections (1)(b), (1A) and (2), for “Commission” substitute “Secretary of State”.

Section 20 The Child Support Act 1991

In section 28ZA (decisions involving issues that arise on appeal in other cases) —

(a) in subsection (1)(a), for “Commission” substitute “Secretary of State”;

(b) in subsection (2), for “Commission” substitute “Secretary of State” and, in paragraphs (a) and (b), for “it” substitute “the Secretary of State”; and

(c) in subsection (3), for “Commission” substitute “Secretary of State”, for “it” substitute “the Secretary of State” and for “its” substitute “the”.

Section 21 The Child Support Act 1991

In section 28ZB (appeals involving issues that arise on appeal in other cases)—

(a) in subsection (2), for “Commission” (in each place) substitute “Secretary of State”;

(b) in subsection (3), for “Commission” (in both places) substitute “Secretary of State” and for “its” substitute “the”; and

(c) in subsection (5), for “Commission” substitute “Secretary of State”.

Section 22 The Child Support Act 1991

In section 28ZC (restrictions on liability in certain cases of error), in subsections (1)(b), (2) and (6), for “Commission” substitute “Secretary of State”.

Section 23 The Child Support Act 1991

In section 28A (as substituted by the Child Support, Pensions and Social Security Act 2000) (application for variation of usual rules for calculating maintenance) , in subsections (1), (3) and (4)(a), for “Commission” substitute “Secretary of State”.

Section 24 The Child Support Act 1991

(1) Section 28B (as substituted by the Child Support, Pensions and Social Security Act 2000) (preliminary consideration of applications) is amended as follows.

(2) In subsection (1), for “Commission” substitute “Secretary of State” and for the first “it” substitute “the Secretary of State”.

(3) In subsection (2)—

(a) for the words from “Where” to “completing the” substitute “The Secretary of State may on completing such a”;

(b) for “its” substitute “a”;

(c) for the second “Commission” substitute “Secretary of State”;

(d) in paragraph (a), for “it could agree to a variation” substitute “a variation could be agreed to”; and

(e) in paragraph (b), for “it” substitute “the Secretary of State” and for “its” substitute “the Secretary of State’s”.

Section 25 The Child Support Act 1991

In section 28C (as substituted by the Child Support, Pensions and Social Security Act 2000) (imposition of regular payments condition)—

(a) in subsection (1), for “Commission” (in both places) substitute “Secretary of State”, for the first “it” substitute “the Secretary of State” and for “its” substitute “a”;

(b) in subsection (3), for “Commission” substitute “Secretary of State” and for the first “it” substitute “the Secretary of State”;

(c) in subsection (4), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”;

(d) in subsection (5), for “Commission” substitute “Secretary of State” and for “its” substitute “a”;

(e) in subsection (6), for “Commission” substitute “Secretary of State”; and

(f) in subsection (7), for “Commission” substitute “Secretary of State”, for “it” substitute “the Secretary of State” and for “its” substitute “the”.

Section 26 The Child Support Act 1991

In section 28D (determination of applications) —

(a) in subsection (1) (as substituted by the Child Support, Pensions and Social Security Act 2000), for “Commission” substitute “Secretary of State”;

(b) in subsection (2), for “Commission” (in both places) substitute “Secretary of State”; and

(c) in subsection (3), for “Commission if it were” substitute “Secretary of State in”.

Section 27 The Child Support Act 1991

In section 28E (matters to be taken into account)—

(a) in subsection (1), for “Commission” substitute “Secretary of State”;

(b) in subsection (3), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”; and

(c) in subsection (4)(a), for “Commission” substitute “Secretary of State”.

Section 28 The Child Support Act 1991

(1) Section 28F (as substituted by the Child Support, Pensions and Social Security Act 2000) (agreement to a variation) is amended as follows.

(2) In subsection (1)—

(a) for “Commission” substitute “Secretary of State”;

(b) in paragraph (a), for “it” substitute “the Secretary of State”; and

(c) in paragraph (b), for “its” substitute “the Secretary of State’s”.

(3) In subsection (2)—

(a) for “Commission” substitute “Secretary of State”; and

(b) in paragraph (a), for “it” substitute “the Secretary of State”.

(4) In subsection (3)—

(a) for “Commission” substitute “Secretary of State”;

(b) for the first “its” substitute “a”;

(c) omit “it is”; and

(d) in paragraph (a), for “it” substitute “the Secretary of State” and for “its” substitute “the”.

(5) In subsection (4), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”.

(6) In subsection (5), for “Commission” substitute “Secretary of State” and for “its” substitute “the Secretary of State’s”.

(7) In subsection (6), for “Commission” substitute “Secretary of State”.

Section 29 The Child Support Act 1991

In section 28J (voluntary payments) —

(a) in subsection (1)(b), for “Commission” substitute “Secretary of State”;

(b) in subsection (2), for “Commission” (in both places) substitute “Secretary of State” and for “it” substitute “the Secretary of State”; and

(c) in subsection (4), for “Commission” substitute “Secretary of State” and for “it” in the first two places substitute “the Secretary of State”.

Section 30 The Child Support Act 1991

In section 29 (collection of child support maintenance) —

(a) in subsection (1), for “Commission” (in both places) substitute “Secretary of State” and for “it” substitute “the Secretary of State”; and

(b) in subsection (3), for “Commission” (in each place) substitute “Secretary of State”.

Section 31 The Child Support Act 1991

In section 30 (collection and enforcement of other forms of maintenance)—

(a) in subsections (1) and (2), for “Commission” substitute “Secretary of State” and for “it” substitute “the Secretary of State”;

(b) in subsection (3), for “Commission” (in each place) substitute “Secretary of State” and for “it” substitute “the Secretary of State”;

(c) in subsections (4) and (5), for the words from “enabling” to “arrangements” substitute “enabling the Secretary of State to enforce any obligation to pay any amount for the collection of which the Secretary of State is authorised under this section to make arrangements”; and

(d) in subsection (5)(a), for “Commission” substitute “Secretary of State”.

Section 32 The Child Support Act 1991

In section 31 (deduction from earnings orders)—

(a) in subsections (2) and (5)(b), for “Commission” substitute “Secretary of State”; and

(b) in subsection (6), for “Commission” (in both places) substitute “Secretary of State” and for “which it makes” substitute “made”.

Section 33 The Child Support Act 1991

In section 32 (regulations about deduction from earnings orders), in subsections (2) and (3), for “Commission” (in each place) substitute “Secretary of State”.

Section 34 The Child Support Act 1991

In section 32A (orders for regular deductions from accounts) —

(a) in subsection (1), for “Commission” substitute “Secretary of State” and for the second “it” substitute “the Secretary of State”; and

(b) in subsections (3), (6)(b) and (7), for “Commission” substitute “Secretary of State”.

Section 35 The Child Support Act 1991

In section 32B (orders under section 32A: joint accounts), for “Commission” (in each place) substitute “Secretary of State”.

Section 36 The Child Support Act 1991

In section 32C (regulations about orders under section 32A)—

(a) in subsection (2), for “Commission” (in each place) substitute “Secretary of State” and, in paragraph (k), for “it” substitute “the Secretary of State”; and

(b) in subsection (4), for “Commission” substitute “Secretary of State”.

Section 37 The Child Support Act 1991

In section 32E (lump sum deductions: interim orders) , in subsections (1), (4)(c), (5) and (6), for “Commission” (in each place) substitute “Secretary of State”.

Section 38 The Child Support Act 1991

In section 32F (lump sum deductions: final orders)—

(a) in subsection (1), for “Commission” (in each place) substitute “Secretary of State” and for “it” substitute “the Secretary of State”; and

(b) in subsections (4), (5) and (6), for “Commission” substitute “Secretary of State”.

Section 39 The Child Support Act 1991

In section 32H (orders under section 32F: deductions and payments), in subsections (1) to (4), for “Commission” (in each place) substitute “Secretary of State”.

Section 40 The Child Support Act 1991

In section 32I (power to disapply sections 32G(1) and (2) and 32H(2)(b) and (4)(b)), in subsections (2) to (4), for “Commission’s” substitute “Secretary of State’s”.

Section 41 The Child Support Act 1991

In section 32J (regulations about orders under section 32E or 32F), in subsection (2), for “Commission” (in each place) substitute “Secretary of State”.

Section 42 The Child Support Act 1991

In section 32L (orders preventing avoidance) , in subsections (1) and (2), for “Commission” substitute “Secretary of State”.

Section 43 The Child Support Act 1991

In section 33 (liability orders), in subsections (1)(b), (2), (3) and (5), for “Commission” substitute “Secretary of State”.

Section 44 The Child Support Act 1991

In section 34 (regulations about liability orders), in subsections (1)(a) and (c) and (2), for “Commission” substitute “Secretary of State”.

Section 45 The Child Support Act 1991

In section 35 (enforcement of liability orders by taking control of goods)—

(a) in subsection (1), for “Commission” substitute “Secretary of State”; and

(b) in subsection (3), for “Commission” substitute “Secretary of State” and for “its” substitute “the”.