- Latest available (Revised)
- Point in Time (29/11/2018)
- Original (As enacted)
Point in time view as at 29/11/2018.
There are currently no known outstanding effects for the Child Maintenance and Other Payments Act 2008,
Part 5
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section has effect in relation to regulations under this Act, except Part 4.
(2)Power to make regulations is exercisable by statutory instrument.
(3)Power to make regulations includes power to make incidental, supplementary, consequential or transitional provision or savings.
(4)Power to make regulations may be exercised—
(a)in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;
(b)so as to make, as respects the cases in relation to which it is exercised—
(i)the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);
(ii)the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;
(iii)provision which is either unconditional or is subject to any specified condition;
(c)so as to provide for a person to exercise a discretion in dealing with any matter.
(5)A statutory instrument containing—
(a)regulations under section 6(1) or (4), [F1or]
(b)the first regulations under paragraphs 2(1), 3(1), 5(1) or (2), 6(1) or (3) or 7 of Schedule 5, F2. . .
(c)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall not be made unless a draft of the statutory instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.
(6)A statutory instrument that—
(a)contains regulations, and
(b)is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Word in s. 55(5)(a) inserted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 90(a)
F2S. 55(5)(c) and preceding word omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 90(b)
(1)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where—
(a)this Act amends or repeals an enactment contained in the Child Support Act 1991 (c. 48) which has been amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), and
(b)the amendment by the 2000 Act has been brought into force for limited purposes only,
the reference to the enactment shall, unless the contrary intention appears, be read as a reference to the enactment as it has effect apart from the 2000 Act, as well as to the enactment as amended by that Act.
Textual Amendments
(1)Schedule 7 (which makes minor and consequential amendments) has effect.
(2)The Secretary of State may by regulations make provision consequential on this Act amending, repealing or revoking any provision of—
(a)an Act passed on or before the last day of the Session in which this Act is passed, or
(b)an instrument made under an Act before the passing of this Act.
Commencement Information
I1S. 57 partly in force; s. 57 not in force at Royal Assent see s. 62; s. 57 in force for certain purposes at 14.7.2008 by S.I. 2008/1476, art. 2(6); s. 57 in force for certain purposes at 27.10.2008 by S.I. 2008/2548, art. 3(b); s. 57 in force for certain purposes at 1.11.2008 by S.I. 2008/2675, art. 3(e); s. 57 in force for certain purposes at 1.6.2009 and 3.8.2009 by S.I. 2009/1314, arts. 2(1)(c), 2(2)(a); s. 57 in force for certain purposes at 8.10.2012 by S.I. 2012/2523, art. 2(1)(c); s. 57 in force for certain purposes at 10/12/2012 by S.I. 2012/3042, art. 2(d)
I2S. 57(1) in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(d), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)
I3S. 57(1) in force at 25.11.2013 for specified purposes by S.I. 2013/2947, art. 2(b) (with arts. 3-5)
The enactments specified in Schedule 8 are repealed to the extent specified.
Commencement Information
I4S. 58 partly in force; s. 58 not in force at Royal Assent see s. 62; s. 58 in force for certain purposes at 27.10.2008 by S.I. 2008/2548, art. 3(b); s. 58 in force for certain further purposes at 1.11.2008 by S.I. 2008/2675, art. 3(e); s. 58 in force for certain further purposes at 1.6.2009 by S.I. 2009/1314, art. 2(2)(a); s. 58 in force for certain further purposes at 8.10.2012 by S.I. 2012/2523, art. 2(2)(f); s. 58 in force for certain further purposes at 10/12/2012 by S.I. 2012/3042, art. 2(f)
I5S. 58 in force at 29.7.2013 for specified purposes by S.I. 2013/1860, arts. 2(f), 3 (with arts. 5, 7) (as amended (24.6.2014) by S.I. 2014/1635, art. 7)
I6S. 58 in force at 25.11.2013 for specified purposes by S.I. 2013/2947, art. 2(d) (with arts. 3-5)
(1)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Secretary of State may by regulations make provision for the Child Support Act 1991, as amended by Schedule 3, to have effect, until the coming into force of section 15, with such modifications as the Secretary of State considers necessary in consequence of the retention of functions under section 46 of that Act.
(3)The Secretary of State may, in relation to section 6 or 46 of the Child Support Act 1991, by regulations make provision for the section to have effect with such modifications as the Secretary of State considers expedient in anticipation of the coming into force of section 15.
(4)Sections 20(5A), 32A, 32E, 32F, 32J, 32L, 32M, 41C to 41E, 43A, 49A, 49B and 49D of the Child Support Act 1991 shall have effect as if “child support maintenance” included periodical payments required to be paid in accordance with a maintenance assessment under the Act.
(5)Sections 20(7A), 32A, 32C, 32E, 32F, 32J, 32L, 32M, 39B, 39H, 40, 40A, 40B and 49B of the Child Support Act 1991 shall have effect as if “maintenance calculation” included a maintenance assessment under the Act.
(6)Sections 35, 36, 38, 39B, 39H, 39K, 40, 40B and 49D of the Child Support Act 1991 shall have effect as if orders made under section 33 of that Act had been made under section 32M of that Act.
(7)An order may be made under section 32M of the Child Support Act 1991 in respect of an amount even though the time within which an application could have been instituted under section 33 of that Act for an order in respect of that amount has expired.
(8)The Secretary of State may by regulations make in connection with the coming into force of any provision of this Act such transitional provision or savings as the Secretary of State considers necessary or expedient.
Textual Amendments
F4Words in s. 59(1) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 3(2), Sch. para. 92
Commencement Information
I7S. 59 wholly in force; s. 59(8) in force at Royal Assent see s. 62(1); s. 59 otherwise in force at 10.6.2008 by S.I. 2008/1476. {art. 2(6)}
(1)There shall be paid out of money provided by Parliament—
(a)any expenditure incurred by the Secretary of State or a government department in consequence of this Act, and
(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(2)There shall be authorised the extinguishing in consequence of this Act of liabilities owed to the Crown under the Child Support Act 1991.
Commencement Information
(1)Subject to the following provisions, this Act extends to England and Wales and Scotland only.
(2)The following provisions also extend to Northern Ireland—
(a)this section and sections 55, 57(2), 62 and 63;
(b)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.
Textual Amendments
(1)This section and sections 55, 59(8), 61 and 63 shall come into force on the day on which this Act is passed.
(2)Section 35 shall come into force on the day after the day on which this Act is passed.
(3)The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.
(4)An order under subsection (3) may include such transitional provision or savings as the Secretary of State considers necessary or expedient in connection with bringing any provision of this Act into force.
(5)An order under subsection (3) appointing the day on which section 39 is to come into force in England and Wales may be made only with the consent of the Lord Chancellor.
This Act may be cited as the Child Maintenance and Other Payments Act 2008.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: