Child Maintenance and Other Payments Act 2008

Valid from 01/11/2008

Part 2 E+W+S Transfer of child support functions etc. to the Commission

13 Transfer of child support functions E+W+S

(1) Any function under the Child Support Act 1991 which—

(a) is a function of the Secretary of State, and

(b) is not an excepted function,

is by virtue of this subsection transferred to the Commission.

(2) The following functions of the Secretary of State under the Child Support Act 1991 are excepted functions for the purposes of subsection (1)—

(a) functions under sections 23A, 24 or 25 (appeals),

(b) functions under section 46 (reduced benefit decisions) or any other provision of the Act, so far as relating to such decisions,

(c) the function under section 50(7)(c) (authorisation of a person as a “responsible person” for the purposes of section 50),

(d) functions under section 58 (commencement power and power to make consequential amendments),

(e) the function under paragraph 2A of Schedule 4 (payment of expenses), and

(f) power to make regulations under any other provision of the Act.

(3) The functions of the Secretary of State under the provisions of subordinate legislation specified in Schedule 2, except so far as relating to reduced benefit decisions under section 46 of the Child Support Act 1991, are by virtue of this subsection transferred to the Commission.

(4) Schedule 3 (which makes consequential amendments and transitional provision and savings) has effect.

14 Transfer of property, rights and liabilities E+W+S

(1) The Secretary of State may make one or more schemes for the transfer to the Commission of any of the following—

(a) property, rights and liabilities which the Secretary of State is entitled or subject to in connection with the transferred functions;

(b) property, rights and liabilities which the Secretary of State is entitled or subject to and which the Secretary of State considers it appropriate to transfer to the Commission in consequence of any function conferred on it by or under Part 1 of this Act.

(2) A scheme under subsection (1) (“a transfer scheme”)—

(a) may provide for the transfer of property, rights and liabilities whether or not they would otherwise be capable of being transferred or assigned;

(b) may create for the Secretary of State interests in or rights over property transferred by virtue of the scheme;

(c) may create for the Commission interests in or rights over property retained by the Secretary of State;

(d) may create rights or liabilities between the Secretary of State and the Commission;

(e) may make such supplementary, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.

(3) A transfer scheme shall come into force in accordance with its terms.

(4) A certificate given by the Secretary of State that any property, rights or liabilities have been transferred by virtue of a transfer scheme is conclusive evidence of the transfer.

(5) In this section, “transferred functions” means functions transferred to the Commission by virtue of section 13.