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The Child Support Act 1991 (Consequential Amendments) Order 1994

S.I. 1994/731 · Made 14 March 1994

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 14th March 1994

Laid before Parliament 21st March 1994

Coming into force 11th April 1994

The Secretary of State for Social Security, in exercise of the powers conferred by sections 52(1) and 58(7) of the Child Support Act 1991f1, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1991 c. 48.

Contents

  1. 1Citation and commencement
  2. 2Amendment of section 20ZA of the Domestic Proceedings and Magistrates' Courts Act 1978
  3. 3Amendment of section 59 of the Magistrates' Courts Act 1980
  4. 4Amendment of Schedule 1 to the Children Act 1989
  5. Signature
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Child Support Act 1991 (Consequential Amendments) Order 1994 and shall come into force on 11th April 1994.

2Amendment of section 20ZA of the Domestic Proceedings and Magistrates' Courts Act 1978

In subsection (8) of section 20ZA of the Domestic Proceedings and Magistrates' Courts Act 1978f1, for the words “under paragraph (c) or (d)” there shall be substituted the words “under paragraph (c), (cc) or (d)”.

3Amendment of section 59 of the Magistrates' Courts Act 1980

(1)

Section 59 of the Magistrates' Courts Act 1980f1 shall be amended in accordance with the following provisions of this Article.

(2)

In subsection (3), after paragraph (c) there shall be inserted the following paragraph—

“(cc)

the power to order that payments under the order be made in accordance with arrangements made by the Secretary of State for their collection;”.

(3)

After subsection (3) there shall be inserted the following subsection—

“(3A)

No order made by a magistrates' court under paragraphs (a) to (d) of subsection (3) above (other than one made under paragraph (cc)) shall have effect at any time when the Secretary of State is arranging for the collection of payments under the qualifying maintenance order concerned.”.

(4)

In subsection (5), after the words “paragraphs (a) to (d) of subsection (3) above” there shall be inserted the words “(other than paragraph (cc))”.

(5)

In subsection (7), for the words “paragraph (c) or (d)” there shall be substituted the words “paragraph (c), (cc) or (d)”.

(6)

For subsection (12) there shall be substituted the following subsection—

“(12)

For the purposes of this section—

(a)

the reference in subsection (1) above to money paid periodically by one person to another includes, in the case of a maintenance order, a reference to a lump sum paid by instalments by one person to another; and

(b)

references to arrangements made by the Secretary of State for the collection of payments are to arrangements made by him under section 30 of the Child Support Act 1991 and regulations made under that section.”.

4Amendment of Schedule 1 to the Children Act 1989

In sub-paragraph (8) of paragraph 6A of Schedule 1 to the Children Act 1989f1, for the words “under paragraph (c) or (d)” there shall be substituted the words “under paragraph (c), (cc) or (d)”.

Signature

Signed by authority of the Secretary of State for Social Security.

Alistair Burt

Parliamentary Under-Secretary of State,

Department of Social Security

14th March 1994

Explanatory note

(This note is not part of the Order)

This Order is made in consequence of the coming into force of the Child Support Act 1991. It amends section 59 of the Magistrates' Courts Act 1980 so as to provide that a Magistrates' Court may order payments under a maintenance order which are to be made by someone who is ordinarily resident in England and Wales to be made in accordance with arrangements made by the Secretary of State under section 30 of the Child Support Act 1991 and regulations made under that section. Consequential amendments are also made to the Domestic Proceedings and Magistrates' Courts Act 1978 and the Children Act 1989.

This Order does not impose any costs on business.