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The Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009

S.I. 2009/1314 · Made 28 May 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Family Law

Child Support

Made 28th May 2009

The Secretary of State, in exercise of the power conferred by section 62(3) of the Child Maintenance and Other Payments Act 2008f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c. 6.

Contents

  1. 1Citation and interpretation
  2. 2Appointed days
  3. Signature
  4. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009.

(2)

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.

2Appointed days

(1)

The following provisions come into force on 1st June 2009 for the purpose of making regulations and on 3rd August 2009 for all other purposes—

(a)

section 22 (orders for regular deductions from accounts);

(b)

section 23 (lump sum deduction orders);

(c)

section 57(1) (minor and consequential amendments), so far as relating to paragraph 1(22)(a) of Schedule 7; and

(d)

paragraph 1(22)(a) of Schedule 7 (minor and consequential amendments).

(2)

The following provisions, in so far as not already in force, come into force on 1st June 2009—

(a)

sections 57(1) and 58 (repeals), so far as relating to the paragraphs and entries referred to in sub-paragraphs (b) and (c) below;

(b)

the following paragraphs of Schedule 7—

(i)

paragraphs 1(7), (9), (10), (26), (32) and (34), 2(3) to (6) and 4, and

(ii)

paragraph 1(25)(a), except in relation to the definition of “curfew order”; and

(c)

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

(i)

the repeal of sections 6 and 36(2) of the Child Support Act 1991f1 and the repeals in section 7(1) of that Act, and

(ii)

the repeal of paragraph 9 of Schedule 3 to the Child Support Act 1995f2.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

William D. McKenzie

Parliamentary Under-Secretary of State,

Department for Work and Pensions

28th May 2009

Explanatory note

(This note is not part of the Order)

This Order brings into force provisions of the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”) as follows:

Article 2(1) brings into force various provisions, including sections 22 and 23, on 1st June 2009 for the purpose of making regulations and on 3rd August 2009 for all other purposes. Those sections insert provisions into the Child Support Act 1991 (c. 48) for the making of regular and lump sum deduction orders by the Child Maintenance and Enforcement Commission.

Article 2(2) brings various other provisions of the 2008 Act into force on 1st June 2009. The provisions are in Schedules 7 and 8 of that Act, which contain minor and consequential amendments and repeals.