2009 No. 216 (C. 13)

Family Law

Child Support

The Child Maintenance (2008 Act) (Commencement No. 6) Order (Northern Ireland) 2009

Made29th May 2009

The Department for Social Development makes the following Order in exercise of the power conferred by section 41(1) of the Child Maintenance Act (Northern Ireland) 20081.

Citation and interpretation1.

(1)

This Order may be cited as the Child Maintenance (2008 Act) (Commencement No. 6) Order (Northern Ireland) 2009.

(2)

In this Order, unless the context requires otherwise, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance Act (Northern Ireland) 2008.

Appointed days2.

(1)

The day appointed for the coming into operation of—

(a)

section 14 (orders for regular deductions from accounts);

(b)

section 15 (lump sum deduction orders);

(c)

section 38(1) (minor and consequential amendments), so far as relating to sub-paragraph (d) below; and

(d)

paragraph 1(20)(a) of Schedule 4 (minor and consequential amendments),

for the purpose of making regulations is 1st June 2009, and for all other purposes is 3rd August 2009.

(2)

In so far as not already in operation, the day appointed for the coming into operation of the following provisions is 1st June 2009—

(a)

section 38(1), so far as relating to the paragraphs and entries referred to in sub-paragraph (b) below; and section 39 (repeals), so far as relating to the paragraphs and entries referred to in sub-paragraph (c) below;

(b)

the following paragraphs of Schedule 4:—

(i)

1(3), (9), (11) and (28), and 2(3) to (6), and

(ii)

1(2)(a), except in relation to the definition of “curfew order”, and;

(c)

in Schedule 5 (repeals), the entries relating to—

(i)

the repeal of Article 9 of the Child Support (Northern Ireland) Order 19912, and

(ii)

the repeal of paragraph 8 of Schedule 3 to the Child Support (Northern Ireland) Order 19953.

Sealed with the Official Seal of the Department for Social Development on 29th May 2009

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation provisions of the Child Maintenance Act (Northern Ireland) 2008 (“the 2008 Act”).

Article 2(1) brings into operation various provisions, including sections 14 and 15, 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 (Northern Ireland) Order 1991 for the making of regular and lump sum deduction orders by the Department.

Article 2(2) brings various other provisions of the 2008 Act into operation on 1st June 2009. The provisions are in Schedules 4 and 5 of the 2008 Act, which contain minor and consequential amendments and repeals.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Child Maintenance Act (Northern Ireland) 2008 have been brought into operation by previous commencement orders from the date shown.

Provision	Date of Commencement	S.R. No.
Sections 1 to 6	5th December 2008	2008 No. 489 (C. 29)
Section 7 (partially)	14th July 2008	2008 No. 291 (C. 15)
Section 7 (partially)	27th October 2008	2008 No. 399 (C. 22)
Section 12 (partially)	29th September 2008	2008 No. 399 (C. 22)
Section 12 (partially)	27th October 2008	2008 No. 399 (C. 22)
Section 27 (partially)	29th September 2008	2008 No. 399 (C. 22)
Section 27 (partially)	27th October 2008	2008 No. 399 (C. 22)
Section 33	5th August 2008	2008 No. 331 (C. 17)
Section 34	1st November 2008	2008 No. 419 (C. 24)
Section 35	14th July 2008	2008 No. 291 (C. 15)
Section 37 (partially)	9th July 2008	2008 No. 291 (C. 15)
Section 38 (partially)	9th July 2008	2008 No. 291 (C. 15)
	14th July 2008	2008 No. 291 (C. 15)
	27th October 2008	2008 No. 399 (C. 22)
	1st November 2008	2008 No. 419 (C. 24)
Section 39 (partially)	14th July 2008	2008 No. 291 (C. 15)
	5th August 2008	2008 No. 331 (C. 17)
	27th October 2008	2008 No. 399 (C. 22)
	1st November 2008	2008 No. 419 (C. 24)
Section 40 (partially)	9th July 2008	2008 No. 291 (C. 15)
Schedule 3	1st November 2008	2008 No. 419 (C. 24)
Schedule 4 (partially)	14th July 2008	2008 No. 291 (C. 15)
	27th October 2008	2008 No. 399 (C. 22)
	1st November 2008	2008 No. 419 (C. 24)
Schedule 5 (partially)	14th July 2008	2008 No. 291 (C. 15)
	5th August 2008	2008 No. 331 (C. 17)
	27th October 2008	2008 No. 399 (C. 22)
	1st November 2008	2008 No. 419 (C. 24)