Welfare Reform Act 2009

Schedules

Prospective

Section 4

F1 Schedule 1 E+W+S Amendments connected to section 4

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Textual Amendments

F1 Sch. 1 repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 2

Prospective

Section 9

Schedule 2 E+W+S Abolition of income support: consequential amendments

Magistrates' Courts Act 1980 (c. 43) E+W+S

1 E+W+S In sections 89(2A) and 90(3A) of the Magistrates' Courts Act 1980 (transfer of fine order), for “income support” substitute “ jobseeker's allowance etc ”.

Criminal Justice Act 1991 (c. 53) E+W+S

2 E+W+S In section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support), in the title, for “income support” substitute “ jobseeker's allowance etc ”.

Social Security Administration Act 1992 (c. 5) E+W+S

3 E+W+S In section 74 of the Social Security Administration Act 1992 (income support and other payments), in the title, for “Income support” substitute “ Income-based jobseeker's allowance ”.

Local Government Finance Act 1992 (c. 14) E+W+S

4 E+W+S In paragraph 12(1) of Schedule 4 to the Local Government Finance Act 1992 (enforcement: relationship between remedies)—

(a) in paragraph (b), for “income support” substitute “ jobseeker's allowance payable to any person whose claim to the allowance is based on meeting condition B in section 1A of the Jobseekers Act 1995 ”, and

(b) in paragraph (d), for “income support” substitute “ jobseeker's allowance payable as mentioned in paragraph (b) ”.

Jobseekers Act 1995 (c. 18) E+W+S

5 E+W+S The Jobseekers Act 1995 is amended as follows.

6 E+W+S In section 2(1) (the contribution-based conditions), at the end of paragraph (b) insert “ and ”.

7 E+W+S In section 3A(1)(c) (the conditions for claims by joint-claim couples), for “any such family” substitute “ a family of which the couple are members ”.

Immigration and Asylum Act 1999 (c. 33) E+W+S

8 E+W+S In section 97(5) of the Immigration and Asylum Act 1999 (persons for whom support may be provided: supplemental), for paragraph (a) (together with the “or” at the end of it) substitute—

“(a) to such portion of the applicable amount in respect of an income-based jobseeker's allowance provided under section 4 of the Jobseekers Act 1995, or”.

Social Security Fraud Act 2001 (c. 11) E+W+S

9 E+W+S The Social Security Fraud Act 2001 is amended as follows.

10 E+W+S In section 6B(5) (loss of benefit in case of conviction, penalty or caution for benefit offence), which is inserted by section 24 of this Act, for “subsections (6)” substitute “ subsections (7) ”.

11 E+W+S In section 7(2) (loss of benefit for commission of benefit offences), for “subsections (3)” substitute “ subsections (4) ”.

Courts Act 2003 (c. 39) E+W+S

12 E+W+S The Courts Act 2003 is amended as follows.

13 E+W+S In paragraph 10(a) of Schedule 5 (applications for benefit deductions), for “income support” substitute “ jobseeker's allowance ”.

14 E+W+S In paragraph 2(1)(a)(v) of Schedule 6 (discharge of fines by unpaid work), for “income support” substitute “ jobseeker's allowance ”.

Child Trust Funds Act 2004 (c. 6) E+W+S

15 E+W+S In section 9(8)(a) of the Child Trust Funds Act 2004 (supplementary contribution by HMRC), for “income support, or income-based jobseeker's allowance,” substitute “ income-based jobseeker's allowance ”.

Age-Related Payments Act 2004 (c. 10) E+W+S

16 E+W+S In section 2(3)(b) of the Age-Related Payments Act 2004 (entitlement: basic cases), at the end of sub-paragraph (i) insert “ or ”.

Welfare Reform Act 2007 (c. 5) E+W+S

17 E+W+S In paragraph 11 of Schedule 4 to the Welfare Reform Act 2007 (transition relating to Part 1 of Act), after the definition of “incapacity benefit” insert—

““income support” means income support under section 124 of the Contributions and Benefits Act;”.

Section 11

Schedule 3 E+W+S Claimants dependent on drugs etc.

Part 1 E+W+S Jobseeker's allowance

Requirements imposed on claimants dependent on drugs etc. E+W+S

1 E+W+S After section 17B of the Jobseekers Act 1995 (c. 18) (which is inserted by section 1 of this Act) insert—

“Persons dependent on drugs etc. E+W+S

17C Persons dependent on drugs etc.

(1) Schedule A1 makes provision for or in connection with imposing requirements on persons in cases where—

(a) they are dependent on, or have a propensity to misuse, any drug, and

(b) any such dependency or propensity is a factor affecting their prospects of obtaining or remaining in work.

(2) That Schedule also contains a power for its provisions to apply in relation to alcohol.”

2 E+W+S Before Schedule 1 to the Jobseekers Act 1995 insert—

Section 17C

“Schedule A1 E+W+S Persons dependent on drugs etc.

Requirements imposed in relation to use of drugs E+W+S

1 (1) Regulations may make provision for or in connection with imposing on a claimant a requirement to attend at such time and place as may be determined in accordance with the regulations in order to answer questions within sub-paragraph (2).

(2) A question is within this sub-paragraph if it is asked for the purpose of ascertaining—

(a) whether the person required to answer it may be dependent on, or have a propensity to misuse, any drug, and

(b) (if so) whether any such dependency or propensity may be a factor affecting that person's prospects of obtaining or remaining in work.

(3) Regulations under this paragraph may, in particular, make provision prescribing the questions which a person may be required to answer under the regulations (which may include questions relating to any use of the drug in question or any treatment connected with its use).

(4) Regulations under this paragraph may not impose a requirement on a person at any time unless the person is required to meet the jobseeking conditions at that time.

2 (1) Regulations may make provision for or in connection with imposing on a person who is subject to a requirement imposed under paragraph 1 a requirement to take part in—

(a) a substance-related assessment, and

(b) a subsequent interview (a “drugs interview”) with an approved person to discuss any matters arising out of that assessment.

(2) For the purposes of this paragraph—

• a “substance-related assessment” means an assessment by an approved person carried out for the purpose of assessing—

  (a)

  whether a person is dependent on, or has a propensity to misuse, any drug, and

  (b)

  (if so) whether the person's dependency or propensity is such as requires and may be susceptible to treatment;

• an “approved person” means a person having the necessary qualifications or experience who is approved by the Secretary of State for the purposes of this paragraph.

(3) Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if the Secretary of State has reasonable grounds for suspecting that—

(a) the person may be dependent on, or have a propensity to misuse, any drug, and

(b) any such dependency or propensity may be a factor affecting the person's prospects of obtaining or remaining in work.

(4) Regulations under this paragraph may, in particular, make provision—

(a) for notifying a person of a requirement to take part in a substance-related assessment or a drugs interview;

(b) for the determination, and notification, of the time and place of any substance-related assessment or drugs interview in which a person is required to take part.

(5) Regulations under this paragraph may, in particular, make provision for a requirement imposed on a person (“P”) under this paragraph to cease to have effect if—

(a) P agrees to provide a sample, in accordance with instructions given by an approved person, for the purpose of ascertaining whether there is or has been any drug in P's body, and

(b) the sample provided indicates that no drug is or has been in P's body.

(6) Regulations under this paragraph may not impose a requirement on a person at any time unless the person is required to meet the jobseeking conditions at that time.

3 (1) Regulations may make provision for or in connection with imposing on a person who—

(a) is subject to a requirement imposed under paragraph 2, and

(b) fails to comply with it without it being shown, within a prescribed period, that the person had good cause for the failure,

a requirement to take part in one or more relevant tests for the purpose of ascertaining whether there is or has been any drug in the person's body.

(2) Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if the Secretary of State is satisfied that the proposed test or tests will, or will be likely to, assist in determining whether the person is dependent on, or has a propensity to misuse, any drug.

(3) Regulations under this paragraph must include provision for informing a person of the consequence of failing to comply with a requirement to take part in a relevant test.

(4) Regulations under this paragraph may, in particular, make provision—

(a) for notifying a person of a requirement to take part in a relevant test;

(b) for the determination, and notification, of the time and place of any relevant test in which a person is required to take part.

(5) Regulations under this paragraph may not impose a requirement on a person at any time unless the person is required to meet the jobseeking conditions at that time.

(6) For the purposes of this paragraph a person takes part in a relevant test if the person provides a permissible sample in accordance with instructions given by an approved person (within the meaning of paragraph 2).

(7) In sub-paragraph (6) “permissible sample”, in relation to any drug, means—

(a) a sample of urine, or

(b) such sample (other than an intimate sample) as may be prescribed in relation to that drug.

(8) In sub-paragraph (7)(b) “intimate sample” means—

(a) a sample of blood, semen or any other tissue fluid or pubic hair;

(b) a dental impression;

(c) a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth.

Paragraphs 1 to 3: supplementary E+W+S

4 (1) A person must comply with a requirement imposed by regulations under any of paragraphs 1 to 3 even if doing so might constitute evidence that the person has committed an offence.

(2) But in criminal proceedings in which a person is charged with an offence—

(a) no evidence relating to any answer given, or anything else done, in pursuance of the regulations may be adduced by or on behalf of the prosecution, and

(b) no question relating to those matters may be asked by or on behalf of the prosecution,

unless evidence relating to those matters is adduced, or a question relating to those matters is asked, in the proceedings by or on behalf of the person.

(3) Sub-paragraph (2) does not apply to—

(a) an offence under section 112 of the Administration Act;

(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath in England and Wales); or

(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (corresponding provision for Scotland).

Voluntary and mandatory rehabilitation plans E+W+S

5 (1) Regulations may make provision for or in connection with—

(a) securing that a person (“P”) who at any time complies with a voluntary rehabilitation plan is not required to meet the jobseeking conditions at that time; and

(b) suspending any jobseeker's agreement to which P is a party for any period during which P complies with a voluntary rehabilitation plan.

(2) Regulations under this paragraph may include provision for the consequences set out in sub-paragraph (1)(a) and (b) to follow only if the Secretary of State is satisfied that—

(a) P is dependent on, or has a propensity to misuse, any drug, and

(b) P's dependency or propensity is a factor affecting P's prospects of obtaining or remaining in work.

(3) For the purposes of this paragraph a “voluntary rehabilitation plan” is an agreement entered into by the Secretary of State and P under which P agrees to take one or more of the following steps.

(4) The steps are—

(a) submitting to treatment by or under the direction of a person having the necessary qualifications or experience,

(b) taking part in specified interviews, and specified assessments, at specified places and times, and

(c) taking such other steps (if any) as may be specified,

with a view to the reduction or elimination of P's dependency on, or propensity to misuse, the drug in question.

(5) The treatment may be—

(a) treatment as a resident in a specified institution or place, or

(b) treatment as a non-resident at a specified institution or place, and at specified intervals.

(6) Regulations under this paragraph may, in particular, make provision—

(a) as to the maximum period for which a person may benefit from the provision made by the regulations;

(b) about the form of voluntary rehabilitation plans (including provision as to their signing);

(c) about the review, variation and revocation of voluntary rehabilitation plans;

(d) for securing that a person who agrees to comply with a voluntary rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan.

(7) A jobseeker's allowance may also be known as a “treatment allowance” at any time when—

(a) it is payable in respect of a person to whom this paragraph applies, or

(b) it is payable in respect of a joint-claim couple both members of which are persons to whom this paragraph applies.

(8) In this paragraph “specified”, in relation to a voluntary rehabilitation plan, means specified in or determined in accordance with the plan.

6 (1) Regulations may make provision for or in connection with imposing on a person a requirement to comply with a mandatory rehabilitation plan.

(2) Regulations under this paragraph must include provision for securing that a person is subject to the requirement mentioned in sub-paragraph (1) at any time only if—

(a) the person has not at that time agreed to comply with a voluntary rehabilitation plan under paragraph 5, and

(b) the Secretary of State is satisfied as mentioned in sub-paragraph (2) of that paragraph.

(3) For the purposes of this paragraph a “mandatory rehabilitation plan” is a document—

(a) which is provided to the person by the Secretary of State, and

(b) which contains one or more of the following requirements.

(4) The requirements are that the person—

(a) must attend an educational programme at a specified place and at specified times,

(b) must take part in specified interviews, and specified assessments, at specified places and times, and

(c) must take such other steps (if any) as may be specified,

with a view to the reduction or elimination of the person's dependency on, or propensity to misuse, the drug in question.

(5) Nothing may be specified in a mandatory rehabilitation plan which requires a person to submit to medical or surgical treatment.

(6) Regulations under this paragraph may, in particular, make provision—

(a) as to the involvement of a person in determining the particular requirements to be contained in a mandatory rehabilitation plan with which the person is to be required to comply;

(b) about the form of mandatory rehabilitation plans (including provision as to their signing);

(c) about the review, variation and revocation of mandatory rehabilitation plans;

(d) for securing that a person who is required to comply with a mandatory rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan.

(7) Regulations under this paragraph may not impose a requirement on a person at any time unless the person would (apart from the regulations) be required to meet the jobseeking conditions at that time.

(8) In this paragraph “specified”, in relation to a mandatory rehabilitation plan, means specified in or determined in accordance with the plan.

Sanctions E+W+S

7 (1) Regulations under paragraph 1, 2, 3 or 6 may, in particular, make provision—

(a) for securing that the appropriate consequence follows if a person has failed to comply with any requirement imposed by any such regulations and it is not shown, within a prescribed period, that the person had good cause for the failure;

(b) prescribing matters which are, or are not, to be taken into account in determining whether a person has good cause for any failure to comply with any such requirement;

(c) prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any failure to comply with any such requirement.

(2) In the case of a jobseeker's allowance other than a joint-claim jobseeker's allowance, the appropriate consequence for the purposes of sub-paragraph (1)(a) is that the allowance is not payable for such period (of at least one week but not more than 26 weeks) as may be prescribed.

(3) In the case of a joint-claim jobseeker's allowance, the appropriate consequence for the purposes of sub-paragraph (1)(a) is that the person is to be treated as subject to sanctions for the purposes of section 20A for such period (of at least one week but not more than 26 weeks) as may be prescribed.

(4) Regulations under paragraph 1, 2, 3 or 6 may make provision for an income-based jobseeker's allowance to be payable in prescribed circumstances even though other provision made by the regulations prevents payment of it.

(5) The provision that may be made by the regulations by virtue of sub-paragraph (4) includes, in particular, provision for the allowance to be—

(a) payable only if prescribed requirements as to the provision of information are complied with;

(b) payable at a prescribed rate;

(c) payable for a prescribed period (which may differ from any period mentioned in sub-paragraph (2)).

Information E+W+S

8 (1) Regulations may make provision for or in connection with authorising the supply of information, other than excluded information, held by—

(a) a police force,

(b) the probation service, or

(c) such other person as may be prescribed,

to a person within sub-paragraph (2) for use for the purposes of any provision of this Schedule.

(2) The persons within this sub-paragraph are—

(a) the Secretary of State;

(b) a person providing services to the Secretary of State;

(c) an approved person (within the meaning of paragraph 2).

(3) Information supplied under the regulations may not be supplied by the recipient to any other person unless—

(a) it could be supplied to that person under the regulations;

(b) it is supplied for the purposes of any civil or criminal proceedings; or

(c) it is required to be supplied under any enactment.

(4) In sub-paragraph (1) “excluded information” means any information relating to or acquired as a result of—

(a) the provision of medical or surgical treatment or care, or

(b) the provision of services by a social worker,

other than information as to whether a person is having (or has had) treatment in respect of the person's use of any drug.

(5) In sub-paragraph (1) “the probation service” means—

(a) in England and Wales, a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 or a provider of probation services;

(b) in Scotland, a local authority within the meaning of the Social Work (Scotland) Act 1968.

Interpretation E+W+S

9 In this Schedule—

• “drug” means such controlled drug (as defined by section 2 of the Misuse of Drugs Act 1971) as may be prescribed;

• “the jobseeking conditions” means the conditions set out in section 1(2)(a) to (c).

Power to extend provisions to alcohol E+W+S

10 (1) If regulations so provide and subject as follows, the preceding paragraphs of this Schedule are to apply in relation to alcohol as they apply in relation to drugs.

(2) Regulations under this paragraph may provide for a different definition of a “relevant test” to apply in relation to alcohol for the purposes of paragraph 3.”

Consequential amendments E+W+S

3 (1) The Jobseekers Act 1995 (c. 18) is amended as follows. E+W+S

(2) In section 36(4A)(a) and (b) (regulations and orders), which is inserted by section 1 of this Act, after “17A” insert “ or Schedule A1 ”.

(3) In section 37(1)(c) (regulations subject to the affirmative resolution procedure), after “section 35(1)” insert “ , any paragraph of Schedule A1 ”.

(4) In paragraph 19 of Schedule 1 (treatment of information), as inserted by section 34(3) of this Act, after “this Act” insert “ (other than paragraph 8 of Schedule A1) ”.

4 E+W+S In paragraph 3(da) of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions against which an appeal lies), which is inserted by section 1 of this Act, after “17A of” insert “ , or Schedule A1 to, ”.

Report on initial operation of drugs provisions E+W+S

5 (1) The Secretary of State must prepare a report on the operation of the first set of regulations made under paragraphs 1, 2, 3, 5 and 6 of Schedule A1 to the Jobseekers Act 1995 during the review period. E+W+S

(2) “The review period” is the period of 24 months beginning with the day on which those regulations come into force.

(3) The Secretary of State must—

(a) prepare the report, and

(b) lay it before Parliament,

within 6 months from the end of the review period.

(4) The continued effect of the drugs provisions depends on whether the Secretary of State makes an order under this sub-paragraph within the relevant period providing for those provisions to continue to have effect.

(5) “The relevant period” means the period of 30 days beginning with the day on which the report is laid before Parliament; and, in reckoning this period, no account is to be taken of any time during which Parliament—

(a) is dissolved or prorogued, or

(b) is adjourned for more than 4 days.

(6) If no order is made as mentioned in sub-paragraph (4), the Secretary of State must instead make an order under this sub-paragraph providing for the repeal of the drugs provisions on a date specified in the order.

(7) An order under sub-paragraph (6) may contain transitional provision or savings.

(8) Any power to make an order under this paragraph is exercisable by statutory instrument.

(9) An order under sub-paragraph (4) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(10) A statutory instrument containing an order under sub-paragraph (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(11) In this paragraph “the drugs provisions” means—

(a) section 17C of, and Schedule A1 to, the Jobseekers Act 1995 (c. 18),

(b) the words inserted into that Act, and the Social Security Act 1998 (c. 14), by paragraphs 3 and 4 of this Schedule, and

(c) paragraphs 1 to 4 of this Schedule.

(12) This paragraph applies whether or not the regulations mentioned in sub-paragraph (1) are, by virtue of section 29 of the Jobseekers Act 1995 (pilot schemes), made so as to have effect for a limited period.

Part 2 E+W+S Employment and support allowance

Requirements imposed on persons dependent on drugs etc. E+W+S

6 E+W+S After section 15 of the Welfare Reform Act 2007 (c. 5) insert—

“Persons dependent on drugs etc. E+W+S

15A Persons dependent on drugs etc.

(1) Schedule 1A makes provision for or in connection with imposing requirements on persons in cases where—

(a) they are dependent on, or have a propensity to misuse, any drug, and

(b) any such dependency or propensity is a factor affecting their prospects of obtaining or remaining in work.

(2) That Schedule also contains a power for its provisions to apply in relation to alcohol.”

7 E+W+S After Schedule 1 to the Welfare Reform Act 2007 (c. 5) insert—

Section 15A

“Schedule 1A E+W+S Persons dependent on drugs etc.

Requirements imposed in relation to use of drugs E+W+S

1 (1) Regulations may make provision for or in connection with imposing on a person who is—

(a) entitled to an employment and support allowance, and

(b) not a member of the support group,

a requirement to answer questions within sub-paragraph (2) as a condition of continuing to be entitled to the full amount payable to the person in respect of the allowance apart from the regulations.

(2) A question is within this sub-paragraph if it is asked for the purpose of ascertaining—

(a) whether the person may be dependent on, or have a propensity to misuse, any drug, and

(b) (if so) whether any such dependency or propensity may be a factor affecting the person's prospects of obtaining or remaining in work.

(3) Regulations under this paragraph may, in particular, make provision—

(a) prescribing the questions which a person may be required to answer under the regulations (which may include questions relating to any use of the drug in question or any treatment connected with its use);

(b) for notifying a person of any requirement to answer questions under the regulations;

(c) for the determination, and notification, of the time and place at which a person is required to answer questions under the regulations.

(4) Regulations under this paragraph must include provision for a requirement imposed on a person by the regulations to cease to have effect if the person becomes a member of the support group.

2 (1) Regulations may make provision for or in connection with imposing on a person who is subject to a requirement imposed under paragraph 1 a requirement to take part in—

(a) a substance-related assessment, and

(b) a subsequent interview (a “drugs interview”) with an approved person to discuss any matters arising out of that assessment,

as a condition of continuing to be entitled to the full amount payable to the person in respect of an employment and support allowance apart from the regulations.

(2) For the purposes of this paragraph—

• a “substance-related assessment” means an assessment by an approved person carried out for the purpose of assessing—

  (a)

  whether a person is dependent on, or has a propensity to misuse, any drug, and

  (b)

  (if so) whether the person's dependency or propensity is such as requires and may be susceptible to treatment;

• an “approved person” means a person having the necessary qualifications or experience who is approved by the Secretary of State for the purposes of this paragraph.

(3) Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if the Secretary of State has reasonable grounds for suspecting that—

(a) the person may be dependent on, or have a propensity to misuse, any drug, and

(b) any such dependency or propensity may be a factor affecting the person's prospects of obtaining or remaining in work.

(4) Regulations under this paragraph may, in particular, make provision—

(a) for notifying a person of a requirement to take part in a substance-related assessment or a drugs interview;

(b) for the determination, and notification, of the time and place of any substance-related assessment or drugs interview in which a person is required to take part.

(5) Regulations under this paragraph may, in particular, make provision for a requirement imposed on a person (“P”) under this paragraph to cease to have effect if—

(a) P agrees to provide a sample, in accordance with instructions given by an approved person, for the purpose of ascertaining whether there is or has been any drug in P's body, and

(b) the sample provided indicates that no drug is or has been in P's body.

(6) Regulations under this paragraph must include provision for a requirement imposed on a person by the regulations to cease to have effect if the person becomes a member of the support group.

3 (1) Regulations may make provision for or in connection with imposing on a person who—

(a) is subject to a requirement imposed under paragraph 2, and

(b) fails to comply with it without showing, within a prescribed period, good cause for the failure,

a requirement to take part in one or more relevant tests as a condition of continuing to be entitled to the full amount payable to the person in respect of an employment and support allowance apart from the regulations.

(2) Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if the Secretary of State is satisfied that the proposed test or tests will, or will be likely to, assist in determining whether the person is dependent on, or has a propensity to misuse, any drug.

(3) Regulations under this paragraph must include provision for informing a person of the consequence of failing to comply with a requirement to take part in a relevant test.

(4) Regulations under this paragraph may, in particular, make provision—

(a) for notifying a person of a requirement to take part in a relevant test;

(b) for the determination, and notification, of the time and place of any relevant test in which a person is required to take part.

(5) Regulations under this paragraph must include provision for a requirement imposed on a person by the regulations to cease to have effect if the person becomes a member of the support group.

(6) For the purposes of this paragraph a person takes part in a relevant test if the person provides a permissible sample in accordance with instructions given by an approved person (within the meaning of paragraph 2) for the purpose of ascertaining whether there is or has been any drug in the person's body.

(7) In sub-paragraph (6) “permissible sample”, in relation to any drug, means—

(a) a sample of urine, or

(b) such sample (other than an intimate sample) as may be prescribed in relation to that drug.

(8) In sub-paragraph (7)(b) “intimate sample” means—

(a) a sample of blood, semen or any other tissue fluid or pubic hair;

(b) a dental impression;

(c) a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth.

Paragraphs 1 to 3: supplementary E+W+S

4 (1) A person must comply with a requirement imposed by regulations under any of paragraphs 1 to 3 even if doing so might constitute evidence that the person has committed an offence.

(2) But in criminal proceedings in which a person is charged with an offence—

(a) no evidence relating to any answer given, or anything else done, in pursuance of the regulations may be adduced by or on behalf of the prosecution, and

(b) no question relating to those matters may be asked by or on behalf of the prosecution,

unless evidence relating to those matters is adduced, or a question relating to those matters is asked, in the proceedings by or on behalf of the person.

(3) Sub-paragraph (2) does not apply to—

(a) an offence under section 112 of the Administration Act;

(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath in England and Wales); or

(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (corresponding provision for Scotland).

Voluntary and mandatory rehabilitation plans E+W+S

5 (1) Regulations may make provision for or in connection with securing that a person (“P”) who at any time complies with a voluntary rehabilitation plan is not required at that time—

(a) to take part in a work-focused interview under section 12(1), or

(b) to undertake work-related activity under section 13(1).

(2) Regulations under this paragraph may include provision for P not to be required to do the things mentioned in sub-paragraph (1)(a) or (b) only if the Secretary of State is satisfied that—

(a) P is dependent on, or has a propensity to misuse, any drug, and

(b) P's dependency or propensity is a factor affecting P's prospects of obtaining or remaining in work.

(3) For the purposes of this paragraph a “voluntary rehabilitation plan” is an agreement entered into by the Secretary of State and P under which P agrees to take one or more of the following steps.

(4) The steps are—

(a) submitting to treatment by or under the direction of a person having the necessary qualifications or experience,

(b) taking part in specified interviews, and specified assessments, at specified places and times, and

(c) taking such other steps (if any) as may be specified,

with a view to the reduction or elimination of P's dependency on, or propensity to misuse, the drug in question.

(5) The treatment may be—

(a) treatment as a resident in a specified institution or place, or

(b) treatment as a non-resident at a specified institution or place, and at specified intervals.

(6) Regulations under this paragraph may, in particular, make provision—

(a) as to the maximum period for which a person may benefit from the provision made by the regulations;

(b) about the form of voluntary rehabilitation plans (including provision as to their signing);

(c) about the review, variation and revocation of voluntary rehabilitation plans;

(d) for securing that a person who agrees to comply with a voluntary rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan.

(7) An employment and support allowance may also be known as a “treatment allowance” at any time when it is payable to a person to whom this paragraph applies.

(8) In this paragraph “specified”, in relation to a voluntary rehabilitation plan, means specified in or determined in accordance with the plan.

6 (1) Regulations may make provision for or in connection with imposing on a person a requirement to comply with a mandatory rehabilitation plan as a condition of continuing to be entitled to the full amount payable to the person in respect of an employment and support allowance apart from the regulations.

(2) Regulations under this paragraph must include provision for securing that a person is subject to the requirement mentioned in sub-paragraph (1) at any time only if—

(a) the person has not at that time agreed to comply with a voluntary rehabilitation plan under paragraph 5, and

(b) the Secretary of State is satisfied as mentioned in sub-paragraph (2) of that paragraph.

(3) For the purposes of this paragraph a “mandatory rehabilitation plan” is a document—

(a) which is provided to the person by the Secretary of State, and

(b) which contains one or more of the following requirements.

(4) The requirements are that the person—

(a) must attend an educational programme at a specified place and at specified times,

(b) must take part in specified interviews, and specified assessments, at specified places and times, and

(c) must take such other steps (if any) as may be specified,

with a view to the reduction or elimination of the person's dependency on, or propensity to misuse, the drug in question.

(5) Nothing may be specified in a mandatory rehabilitation plan which requires a person to submit to medical or surgical treatment.

(6) Regulations under this paragraph may, in particular, make provision—

(a) as to the involvement of a person in determining the particular requirements to be contained in a mandatory rehabilitation plan with which the person is to be required to comply;

(b) about the form of mandatory rehabilitation plans (including provision as to their signing);

(c) about the review, variation and revocation of mandatory rehabilitation plans;

(d) for securing that a person who is required to comply with a mandatory rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan.

(7) Regulations under this paragraph must include provision for a requirement imposed on a person under this paragraph to cease to have effect if the person becomes a member of the support group.

(8) In this paragraph “specified”, in relation to a mandatory rehabilitation plan, means specified in or determined in accordance with the plan.

Sanctions E+W+S

7 (1) Regulations under paragraph 1, 2, 3 or 6 may, in particular, make provision—

(a) for securing that the appropriate consequence follows if a person has failed to comply with any requirement imposed by any such regulations and the person does not show, within a prescribed period, good cause for the failure;

(b) prescribing matters which are, or are not, to be taken into account in determining whether a person has good cause for any failure to comply with any such requirement;

(c) prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any failure to comply with any such requirement.

(2) The appropriate consequence for the purposes of sub-paragraph (1)(a) is that the amount payable to the person in question in respect of an employment and support allowance is reduced in accordance with the regulations.

(3) The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision for determining—

(a) the amount by which an allowance is to be reduced,

(b) when the reduction is to start, and

(c) how long it is to continue,

and may include provision prescribing circumstances in which the amount of the reduction is to be nil.

Information E+W+S

8 (1) Regulations may make provision for or in connection with authorising the supply of information, other than excluded information, held by—

(a) a police force,

(b) the probation service, or

(c) such other person as may be prescribed,

to a person within sub-paragraph (2) for use for the purposes of any provision of this Schedule.

(2) The persons within this sub-paragraph are—

(a) the Secretary of State;

(b) a person providing services to the Secretary of State;

(c) an approved person (within the meaning of paragraph 2).

(3) Information supplied under the regulations may not be supplied by the recipient to any other person unless—

(a) it could be supplied to that person under the regulations;

(b) it is supplied for the purposes of any civil or criminal proceedings; or

(c) it is required to be supplied under any enactment.

(4) In sub-paragraph (1) “excluded information” means any information relating to or acquired as a result of—

(a) the provision of medical or surgical treatment or care, or

(b) the provision of services by a social worker,

other than information as to whether a person is having (or has had) treatment in respect of the person's use of any drug.

(5) In sub-paragraph (1) “the probation service” means—

(a) in England and Wales, a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 or a provider of probation services;

(b) in Scotland, a local authority within the meaning of the Social Work (Scotland) Act 1968.

Interpretation E+W+S

9 In this Schedule “drug” means such controlled drug (as defined by section 2 of the Misuse of Drugs Act 1971) as may be prescribed.

Power to extend provisions to alcohol E+W+S

10 (1) If regulations so provide and subject as follows, the preceding paragraphs of this Schedule are to apply in relation to alcohol as they apply in relation to drugs.

(2) Regulations under this paragraph may provide for a different definition of a “relevant test” to apply in relation to alcohol for the purposes of paragraph 3.”

Consequential amendments E+W+S

8 (1) Part 1 of the Welfare Reform Act 2007 (c. 5) (employment and support allowance) is amended as follows. E+W+S

(2) In section 16 (contracting out)—

(a) in subsection (1), at the end insert—

“(d) asking questions under paragraph 1 of Schedule 1A;

(e) making decisions under paragraph 2 or 3 of that Schedule;

(f) exercising any functions in relation to rehabilitation plans under paragraph 5 or 6 of that Schedule.”,

(b) in subsection (2)(a), after “15” insert “ or Schedule 1A ”, and

(c) in subsection (3)(a), after “13” insert “ or Schedule 1A ”.

(3) In section 25(6) (regulations), after “15” insert “ or Schedule 1A ”.

(4) In section 26(1) (regulations subject to the affirmative resolution procedure), after paragraph (c) insert—

“(d) regulations under any paragraph of Schedule 1A.”

(5) In Schedule 2 (employment and support allowance: supplementary provisions)—

(a) in paragraph 10A(1), which is inserted by section 30(2), after “13” insert “ or Schedule 1A ”,

(b) in paragraph 12(c), after “13,” insert—

“(ca) Schedule 1A,”, and

(c) in paragraph 13, after “13” insert “ , or under any paragraph of Schedule 1A other than paragraph 8, ”.

Report on the initial operation of drugs provisions E+W+S

9 (1) The Secretary of State must prepare a report on the operation of the first set of regulations made under paragraphs 1, 2, 3, 5 and 6 of Schedule 1A to the Welfare Reform Act 2007 (c. 5) during the review period. E+W+S

(2) “The review period” is the period of 24 months beginning with the day on which those regulations come into force.

(3) The Secretary of State must—

(a) prepare the report, and

(b) lay it before Parliament,

within 6 months from the end of the review period.

(4) The continued effect of the drugs provisions depends on whether the Secretary of State makes an order under this sub-paragraph within the relevant period providing for those provisions to continue to have effect.

(5) “The relevant period” means the period of 30 days beginning with the day on which the report is laid before Parliament; and, in reckoning this period, no account is to be taken of any time during which Parliament—

(a) is dissolved or prorogued, or

(b) is adjourned for more than 4 days.

(6) If no order is made as mentioned in sub-paragraph (4), the Secretary of State must instead make an order under this sub-paragraph providing for the repeal of the drugs provisions on a date specified in the order.

(7) An order under sub-paragraph (6) may contain transitional provision or savings.

(8) Any power to make an order under this paragraph is exercisable by statutory instrument.

(9) An order under sub-paragraph (4) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(10) A statutory instrument containing an order under sub-paragraph (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(11) In this paragraph “the drugs provisions” means—

(a) section 15A of, and Schedule 1A to, the Welfare Reform Act 2007 (c. 5),

(b) the words inserted into that Act by paragraph 8 of this Schedule, and

(c) paragraphs 6 to 8 of this Schedule.

(12) This paragraph applies whether or not the regulations mentioned in sub-paragraph (1) are, by virtue of section 19 of the Welfare Reform Act 2007 (pilot schemes), made so as to have effect for a limited period.

Valid from 12/01/2010

Section 24

Schedule 4 U.K. Loss of benefit provisions: further amendments

Part 1 U.K. Further amendments of Social Security Fraud Act 2001

1 U.K. In this Part of this Schedule “the 2001 Act” means the Social Security Fraud Act 2001 (c. 11).

2 (1) Section 7 of the 2001 Act (loss of benefit for commission of benefit offences) is amended as follows. U.K.

(2) In subsection (8)—

(a) after the definition of “benefit offence” insert—

““post-commencement offence” means an offence committed on or after 1 April 2002 (the day on which this section came into force).”, and

(b) omit the definitions of “disqualifying benefit” and “sanctionable benefit”.

(3) In subsection (9)—

(a) in paragraph (a), after “sentenced)” insert “ or in the case mentioned in paragraph (b)(ii) the date of the order for absolute discharge ”, and

(b) for paragraph (b) substitute—

“(b) references to a conviction include references to—

(i) a conviction in relation to which the court makes an order for absolute or conditional discharge or a court in Scotland makes a probation order,

(ii) an order for absolute discharge made by a court of summary jurisdiction in Scotland under section 246(3) of the Criminal Procedure (Scotland) Act 1995 without proceeding to a conviction, and

(iii) a conviction in Northern Ireland.”.

(4) Omit subsection (11).

(5) In the heading, for “commission of benefit offences” substitute “ second or subsequent conviction of benefit offence ”.

3 (1) Section 8 of the 2001 Act (effect of offence on joint-claim jobseeker's allowance) is amended as follows. U.K.

(2) In subsection (1)(b), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”.

(3) After subsection (1) insert—

“(1A) In this section—

(a) “an offence-related restriction” means the restriction in subsection (5) of section 6B or the restriction in subsection (2) of section 7, and

(b) in relation to an offence-related restriction, any reference to the relevant period is a reference to a period which is the disqualification period for the purposes of section 6B or section 7, as the case requires.”

(4) In subsection (2)—

(a) for “the disqualification period” substitute “ the relevant period ”,

(b) in paragraph (a), for “the restriction in subsection (2) of section 7” substitute “ an offence-related restriction ”, and

(c) in paragraph (b), for “that restriction” substitute “ an offence-related restriction ”.

(5) In subsection (3)—

(a) for “the disqualification period” substitute “ the relevant period ”, and

(b) in paragraph (b), for “convictions section 7” substitute “ conduct section 6B or 7 ”.

(6) In subsection (4), for “the disqualification period” substitute “ the relevant period ”.

(7) After subsection (6) insert—

“(7) Where, after the agreement of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—

(a) M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

(b) it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment to which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.

(8) Where, after the agreement (“the old agreement”) of any member of a couple (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—

(a) if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and

(b) in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.

(9) In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).”

4 (1) Section 9 of the 2001 Act (effect of offence on benefits for members of offender's family) is amended as follows. U.K.

(2) In subsection (2)(b), for “section 7” substitute “ section 6B or 7 ”.

(3) After subsection (6) insert—

“(7) Where, after the agreement of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section—

(a) M's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision, or

(b) it is decided on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998 that the overpayment to which the agreement relates is not recoverable or due,

all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed that could not have been imposed had M not agreed to pay the penalty.

(8) Where, after the agreement (“the old agreement”) of any member of a person's family (“M”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of any restriction imposed by virtue of any regulations under this section, the amount of the overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security Act 1998 or the Social Security (Northern Ireland) Order 1998—

(a) if there is a new disqualifying event for the purposes of section 6B consisting of M's agreement to pay a penalty under the appropriate penalty provision in relation to the revised overpayment or M being cautioned in relation to the offence to which the old agreement relates, the new disqualification period for the purposes of section 6B falls to be determined in accordance with section 6C(4)(a), and

(b) in any other case, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed had M not agreed to pay the penalty.

(9) In this section “the appropriate penalty provision” has the meaning given by section 6B(2)(a).”

5 (1) Section 10 of the 2001 Act (power to supplement and mitigate loss of benefit provisions) is amended as follows. U.K.

(2) In subsection (1), for “sections 7 to 9” substitute “ sections 6A to 9 ”.

(3) In subsection (2), after “section” insert “ 6B, ”.

6 (1) Section 11 of the 2001 Act (loss of benefit regulations) is amended as follows. U.K.

(2) In subsections (1) and (2), for “sections 7 to 10” substitute “ sections 6B to 10 ”.

(3) In subsection (3)—

(a) in paragraph (a), after “section” insert “ 6B or ”,

(b) in paragraph (b), after “section” insert “ 6B(6), ”, and

(c) in paragraph (c), after “section” insert “ 6B(7), (8), (9) or (10), ”.

(4) In subsections (4) and (5), for “sections 7 to 10” substitute “ sections 6B to 10 ”.

7 (1) Section 13 of the 2001 Act (interpretation of sections 7 to 12) is amended as follows. U.K.

(2) For the words “sections 7 to 12”, both in the section and in the heading to the section, substitute “ sections 6A to 12 ”.

(3) After the definition of “benefit” insert—

““cautioned”, in relation to any person and any offence, means cautioned after the person concerned has admitted the offence; and “caution” is to be interpreted accordingly;”.

(4) Omit the definitions of “disqualification period” and “post-commencement offence”.

(5) In the definition of “sanctionable benefit”, for “section 7(8)” substitute “ section 6A(1) ”.

8 U.K. In section 21(2) of the of the 2001 Act (extent), after “sections 5(2),” insert “ 6A, 6B and 6C ”.

Part 2 U.K. Related amendments of other Acts

Social Security Administration Act 1992 (c. 5) U.K.

9 U.K. In section 170 of the Social Security Administration Act 1992 (functions of Social Security Advisory Committee in relation to the relevant enactments and the relevant Northern Ireland enactments), in subsection (5)—

(a) in the definition of the “relevant enactments”, in paragraph (ag), for “sections 7 to 11” substitute “ sections 6A to 11 ”, and

(b) in the definition of “the relevant Northern Ireland enactments”, in paragraph (ag), for “sections 7 to 11” substitute “ sections 6A to 11 ”.

Social Security Act 1998 (c. 14) U.K.

10 U.K. In paragraph 3 of Schedule 3 to the Social Security Act 1998 (decisions against which an appeal lies), in paragraph (f), after “section” insert “ 6B, ”.

Prospective

Section 51

Schedule 5 E+W+S Section 51: consequential amendments etc.

Child Support Act 1991 (c. 48) E+W+S

1 E+W+S The Child Support Act 1991 is amended as follows.

2 E+W+S In section 39B (disqualification for holding or obtaining travel authorisation), in the title, after “obtaining” insert “ driving licence or ”.

3 (1) Section 39C (period for which orders under section 39B are to have effect) is amended as follows. E+W+S

(2) In subsection (2)—

(a) for “an order under section 39B, the court” substitute “ a disqualification order, the [F2 Secretary of State] ”, and

(b) for “as the court” substitute “ as the [F2 Secretary of State] ”.

(3) In subsection (3)—

(a) for “such an order the court” substitute “ a disqualification order, the [F3 Secretary of State] ”, and

(b) for “as the court” substitute “ as the [F3 Secretary of State] ”.

(4) In subsection (4)—

(a) for “court” (in both places) substitute “ [F4 Secretary of State] ”, and

(b) in paragraph (a), for “the order under section 39B” substitute “ the disqualification order ”.

(5) In subsection (5)—

(a) for “application under section 39B” substitute “ disqualification order ”, and

(b) for “an order under that section” substitute “ a previous disqualification order ”.

(6) In the title, for “orders under section 39B” substitute “ disqualification orders ”.

Textual Amendments

F2 Words in Sch. 5 para. 3(2)(a)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 100(2)

F3 Words in Sch. 5 para. 3(3)(a)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 100(2)

F4 Words in Sch. 5 para. 3(4)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 100(2)

4 E+W+S In section 39D (power to order search), for subsections (1) and (2) substitute—

“(1) On an appeal under section 39CB the court may order the person against whom the disqualification order was made to be searched.

(2) Any money found on such a search shall, unless the court otherwise directs, be applied towards payment of any amount that would otherwise, on the affirmation or variation of the order, be substituted under section 39CB(8) for the amount specified under section 39B(5); and the balance (if any) shall be returned to the person searched.”

5 (1) Section 39E (variation and revocation of orders following payment) is amended as follows. E+W+S

(2) In subsection (1)—

(a) for “an order under section 39B” substitute “ a disqualification order ”,

(b) for “court” substitute “ [F5 Secretary of State] ”,

(c) omit “the [F5 Secretary of State] or”, and

(d) in paragraphs (a) and (b), for “the order under section 39B” substitute “ the disqualification order ”.

(3) After that subsection insert—

“(1A) The power conferred by subsection (1) shall be exercisable by the court instead of by the [F6 Secretary of State] at any time when an appeal brought under section 39CB against the order has not been determined, withdrawn or discontinued.”

(4) In subsection (2)—

(a) for “an order under section 39B” substitute “ a disqualification order ”,

(b) for “court” substitute “ [F7 Secretary of State] ”,

(c) omit “the [F7 Secretary of State] or”, and

(d) for “the order under section 39B” substitute “ the disqualification order ”.

(5) Omit subsections (3) to (5).

Textual Amendments

F5 Words in Sch. 5 para. 5(2)(b)(c) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 100(3)(a)

F6 Words in Sch. 5 para. 5(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 100(3)(b)

F7 Words in Sch. 5 para. 5(4)(b)(c) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 100(3)(c)

6 E+W+S For section 39F substitute—

“39F Power to make supplementary provision

(1) The Secretary of State may by regulations make provision with respect to—

(a) disqualification orders;

(b) appeals against disqualification orders; and

(c) orders under section 39DA.

(2) The regulations may, in particular, make provision—

(a) as to the form and content of a disqualification order;

(b) as to the surrender of documents under section 39CA and their return when the period for which a disqualification order has effect is suspended or has ended;

(c) that a statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of the person's employer, shall be evidence (or, in Scotland, sufficient evidence) of the facts stated for the purposes of an appeal under section 39CB;

(d) permitting or requiring the court to dismiss an appeal brought under that section where the person who brought it fails to appear at the hearing;

(e) requiring the court to send notice to the [F8 Secretary of State] of any order made on an appeal under that section;

(f) as to the exercise by the [F8 Secretary of State] and the court of the power conferred by section 39E(1);

(g) as to the revival of a disqualification order in such circumstances as may be prescribed;

(h) for sections 39C to 39E to have effect with prescribed modifications in cases where a person against whom a disqualification order has effect is outside the United Kingdom.”

Textual Amendments

F8 Words in Sch. 5 para. 6 substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 100(4)

7 E+W+S Omit section 39G (application of sections 39B and 39F to Scotland).

8 E+W+S Omit section 40B (disqualification for holding or obtaining driving licence).

9 E+W+S In section 52(2A)(b) (regulations and orders: affirmative resolution procedure), after “under section” insert “ 39CA(4), 39CB(3)(b), ”.

Child Maintenance and Other Payments Act 2008 (c. 6) E+W+S

10 E+W+S In section 59(5) and (6) of the Child Maintenance and Other Payments Act 2008 (transition), after “39B,” insert “ 39CB, ”.

Valid from 21/05/2012

Section 56

Schedule 6 E+W Registration of births

Part 1 E+W Amendments of Births and Deaths Registration Act 1953

Valid from 19/09/2016

1 E+W In this Schedule “the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20).

Prospective

2 (1) Section 1 of the 1953 Act (particulars of births required to be registered) is amended as follows. E+W

(2) In subsection (2), for paragraph (a) substitute—

“(a) the mother of the child;

(aa) the father of the child where—

(i) the child is one whose father and mother were married to[F9 , or civil partners of,] each other at the time of the child's birth, or

(ii) the father is a qualified informant by virtue of subsection (2)(a) of section 10 (registration of father where parents not married or of second female parent F10 ... [F11 or] civil partners) or by virtue of regulations under subsection (6)(b) of section 2E (scientific tests);”.

(3) For subsection (3) substitute—

“(3) In subsection (2)(aa)—

(a) the first reference to the father is, in the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, to be read as a reference to the woman who is a parent by virtue of that section;

(b) the reference in sub-paragraph (ii) to the father being a qualified informant by virtue of section 10(2)(a) is, in the case of a child who has a parent by virtue of section 43 of that Act, to be read as a reference to that parent being a qualified informant by virtue of section 10(2A)(a).”

(4) After subsection (3) insert—

“(4) In this Part, references to a child whose father and mother were, or were not, married to[F12 , or civil partners of,] each other at the time of the child's birth are to be read in accordance with section 1 of the Family Law Reform Act 1987 (which extends the cases in which a person is treated as being a person whose father and mother were married to[F12 , or civil partners of,] each other at the time of the person's birth).”

Textual Amendments

F9 Words in Sch. 6 para. 2(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(2)(a)(i)

F10 Words in Sch. 6 para. 2(2) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(2)(a)(ii)

F11 Words in Sch. 6 para. 2(2) inserted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 34

F12 Words in Sch. 6 para. 2(4) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(2)(b)

Prospective

3 (1) Section 2 of the 1953 Act (information concerning birth to be given to registrar within 42 days) is amended as follows. E+W

(2) In subsection (1), after “every birth” insert “ of a child whose father and mother were married to[F13 , or civil partners of,] each other at the time of the child's birth ”.

(3) In subsection (2), for “subsection (1)” substitute “ subsection (1)(a) and (b) ”.

(4) In the title, for the words from “to be given” onwards substitute “ of child whose parents are married [F14 or civil partners]”.

Textual Amendments

F13 Words in Sch. 6 para. 3(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(3)(a)

F14 Words in Sch. 6 para. 3(4) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(3)(b)

Prospective

4 E+W After section 2 of the 1953 Act insert—

“2A Information concerning birth of child whose parents are not married [F15 or civil partners]

(1) In the case of every birth of a child whose father and mother were not married to[F16 , or civil partners of,] each other at the time of the birth, it shall be the duty—

(a) of the mother of the child, and

(b) in the case of the death or inability of the mother, of each qualified informant falling within section 1(2)(b) to (e),

to give to the registrar, before the expiration of a period of 42 days from the date of the birth, information of the particulars required to be registered concerning the birth, together with any other information required by section 2B(1), and in the presence of the registrar to sign the register.

(2) The giving of information and the signing of the register by any one qualified informant shall act as a discharge of any duty under this section of every other qualified informant, but this does not affect—

(a) any duty of the father by virtue of regulations under section 2C (confirmation of parentage information given by mother), or

(b) any duty by virtue of regulations under section 2E (scientific tests).

(3) This section ceases to apply if, before the end of the period mentioned in subsection (1) and before the birth has been registered, an inquest is held at which the child is found to have been still-born.

(4) In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, the reference in subsection (2)(a) to the father is to be read as a reference to the woman who is a parent by virtue of that section.

2B Duties of [F17 mother not married or a civil partner] when acting alone

(1) Where no request for the entry of a person's name as the father of the child is made by virtue of any of paragraphs (a) to (g) of section 10(1) (registration of father where parents are not married [F18 or civil partners]) or by virtue of regulations under section 2E (scientific tests), the information to be given under section 2A(1) by the mother includes such information relating to the father as may be prescribed for the purposes of this subsection by regulations made by the Minister, which may include information that is not intended to be entered on the register.

(2) The Registrar General may by regulations authorise or require the information relating to the father to be provided in a prescribed form or manner.

(3) Subsection (1) does not require the mother to provide information relating to the father if she makes in the presence of the registrar a declaration in the prescribed form stating that one or more of the following conditions is met.

(4) Those conditions are—

(a) that by virtue of section 41 of the Human Fertilisation and Embryology Act 2008 the child has no father,

(b) that the father has died,

(c) that the mother does not know the father's identity,

(d) that the mother does not know the father's whereabouts,

(e) that the father lacks capacity (within the meaning of the Mental Capacity Act 2005) in relation to decisions under this Part,

(f) that the mother has reason to fear for her safety or that of the child if the father is contacted in relation to the registration of the birth, and

(g) any other conditions prescribed by regulations made by the Minister.

(5) Subsection (1) does not apply—

(a) in the case of a still-birth,

(b) if the child has died, or

(c) if the mother acknowledges in accordance with regulations made by virtue of subsection (2)(b) of section 2D (declaration before registration by person claiming to be other parent) that a person who has previously given notice by virtue of subsection (2)(a) of that section is the other parent of the child.

(6) The Minister may by regulations provide that, except in such cases as the regulations may prescribe, where the mother is required by subsection (1) to give information relating to the father—

(a) the mother's duty under section 2A to sign the register is to have effect as a duty to sign a declaration in such form as may be so prescribed,

(b) the registrar is not to register the birth of the child until such time as may be determined in accordance with the regulations, and

(c) the entry in the register is to be taken for the purposes of this Act to have been signed by the person who signed the declaration.

(7) No information relating to the father is to be entered in the register merely because it is given by the mother by virtue of subsection (1).

(8) In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008—

(a) references in this section to the father are to be read as references to the woman who is a parent by virtue of that section,

(b) the reference in subsection (1) to paragraphs (a) to (g) of section 10(1) is to be read as a reference to paragraphs (a) to (f) of section 10(1B), and

(c) paragraphs (a) and (c) of subsection (4) do not apply.

2C Confirmation of parentage information given by mother

(1) The Minister may by regulations provide for a procedure under which a person may be registered as the father of a child in a case where information relating to that person is given by virtue of section 2B(1) by the mother of the child and is subsequently confirmed by that person.

(2) Regulations under this section may in particular—

(a) enable or require the registrar by notice to require the person in relation to whom information has been given by virtue of section 2B(1) by the mother (“the alleged father”) to state whether or not he acknowledges that he is the father of the child,

(b) where the alleged father acknowledges that he is the father of the child, require the alleged father to give prescribed information to the registrar,

(c) where the alleged father gives that information to the registrar, require the registrar to enter the alleged father's name in the register as the father of the child or, where the birth has already been registered, to re-register the birth so as to show the alleged father as the father, and

(d) provide that in prescribed cases where the alleged father is not required by the regulations to sign the register, the entry in the register is to be taken for the purposes of this Act to have been signed by the alleged father.

(3) In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsection (1) or (2) to the father are to be read as references to the woman who is a parent by virtue of that section (and references to the alleged father have a corresponding meaning).

(4) Regulations under this section may—

(a) require anything to be done in a prescribed form or manner or in the presence of the registrar,

(b) make provision as to the time within which anything is required or authorised to be done.

(5) In this section “prescribed” means prescribed by regulations made under this section by the Minister.

2D Declaration before registration by person claiming to be other parent

(1) The Minister may by regulations provide for a procedure under which a person may be registered as the father of a child whose father and mother were not married to[F19 , or civil partners of,] each other at the time of the child's birth, on the basis of information that is—

(a) given by that person (in the absence of the mother) before the birth is registered, and

(b) confirmed by the mother when she provides information of the particulars required to be registered concerning the birth.

(2) Regulations under this section may in particular—

(a) enable a person who believes himself to be the father of a child to make a declaration to that effect to the registrar before the birth of the child is registered,

(b) require the mother of the child, on giving information concerning the birth of the child or in such other circumstances as may be prescribed, to state whether or not she acknowledges that the person is the father of the child,

(c) where the mother acknowledges that the person is the father of the child, require the registrar to enter the person's name in the register as the father of the child, and

(d) provide that in prescribed cases where the person is not required by the regulations to sign the register, the entry in the register is to be taken for the purposes of this Act to have been signed by the person.

(3) In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsections (1) and (2) to the father (except in the reference in subsection (1) to a child whose father and mother were not married to[F20 , or civil partners of,] each other at the time of the child's birth) are to be read as references to the woman who is a parent by virtue of that section.

(4) Regulations under this section may—

(a) require anything to be done in a prescribed form or manner or in the presence of the registrar,

(b) make provision as to the time within which anything is required or authorised to be done.

(5) This section does not apply—

(a) in relation to a still-birth, or

(b) if the child has died.

(6) In this section “prescribed” means prescribed by regulations made under this section by the Minister.

2E Use of scientific tests with consent of parties

(1) The Minister may by regulations make provision enabling a report of a qualifying scientific test to be used in connection with the registration or re-registration under this Act of the birth of a child in cases where—

(a) the birth has not been registered under this Act, or

(b) the birth has been registered but no person has been registered as the father of the child (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008).

(2) A qualifying scientific test is a scientific test that complies with prescribed requirements and is carried out by a person who is accredited by the Minister for the purposes of this section in accordance with the regulations.

(3) The regulations may not require any person to participate in a qualifying scientific test.

(4) The regulations may not enable or require a report of a qualifying scientific test to be used as mentioned in subsection (1) unless, before the test is carried out, the mother and the man to whom the test relates—

(a) consent to the carrying out of the test, and

(b) agree in the prescribed manner that if the report of the test is positive the man's name will be entered in the register as the father of the child.

(5) For the purposes of this section, the report of a qualifying scientific test is positive if the report states that the result of the test indicates to a prescribed degree of certainty that the man concerned is the father of the child.

(6) Regulations under this section may—

(a) enable or require the mother or the man, if the report of the qualifying scientific test is positive, to apply for the registration (or re-registration) of the birth so as to show the man as the father,

(b) provide that where the regulations enable or require the man to apply for registration, the man is to be treated for the purposes of this Part as a qualified informant concerning the birth of the child,

(c) impose obligations on the registrar in relation to the registration (or re-registration) of the birth,

(d) require anything to be done in a prescribed form or manner or in the presence of the registrar,

(e) make provision as to the time within which anything is required or authorised to be done.

(7) The regulations may not require the registrar to enter a man's name in the register as the father of a child if it appears to the registrar that by virtue of any provision of sections 35 to 47 of the Human Fertilisation and Embryology Act 2008 the man is not the father of the child.

(8) This section does not apply in relation to a still-birth.

(9) In this section “prescribed” means prescribed by regulations made under this section by the Minister.”

Textual Amendments

F15 Words in Sch. 6 para. 4 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(4)(a)(i)

F16 Words in Sch. 6 para. 4 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(4)(a)(ii)

F17 Words in Sch. 6 para. 4 substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(4)(b)(i)

F18 Words in Sch. 6 para. 4 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(4)(b)(ii)

F19 Words in Sch. 6 para. 4 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(4)(c)(i)

F20 Words in Sch. 6 para. 4 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(4)(c)(ii)

5 E+W In section 4 of the 1953 Act (registrar's power to require information concerning birth), in paragraph (a), for “three months” substitute “ 12 months ”.

6 E+W In section 5 of the 1953 Act (registration of births free of charge) for “three months” substitute “ 12 months ”.

7 E+W Omit section 6 of the 1953 Act (which makes special provision about registration between 3 and 12 months from the date of birth).

8 E+W In section 7 of the 1953 Act (registration after twelve months from date of birth) omit subsection (3) (which excludes still-births).

9 E+W In section 8 of the 1953 Act (penalty for improper registration after 3 months from date of birth)—

(a) for “the two last foregoing sections” substitute “ section 7 ”, and

(b) for “three months” (both in the section and in the title) substitute “ 12 months ”.

Prospective

10 (1) Section 9 of the 1953 Act (giving of information to a person other than the registrar) is amended as follows. E+W

(2) After subsection (3) insert—

“(3A) Anything that section 2B (duties of [F21 mother not married or a civil partner] when acting alone) requires to be done in the presence of, or in relation to, the registrar may, in prescribed cases, be done in the presence of, or in relation to, such officer as may be prescribed.”

(3) After subsection (5) insert—

“(6) Regulations under section 2C, 2D, 2E, 10B or 10C may enable anything that would otherwise be required or authorised to be done under the regulations in the presence of, or in relation to, the registrar to be done instead in the presence of, or in relation to, such officer as may be prescribed by the regulations.”

Textual Amendments

F21 Words in Sch. 6 para. 10(2) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(5)

Prospective

11 (1) Section 10 of the 1953 Act (registration of father F22 ... or of second female parent where parents not [F23 married or] civil partners) is amended as follows. E+W

(2) In subsection (1)—

(a) for the words from the beginning to “the registrar” substitute “ In the case of a child whose father and mother were not married to[F24 , or civil partners of,] each other at the time of the child's birth, no person shall as father of the child be required to give information concerning the birth of the child except by virtue of regulations under section 2C or 2E, and the registrar ”,

(b) in paragraph (b) for sub-paragraph (ii) substitute—

“(ii) a declaration in the prescribed form which is made by that person, states himself to be the father of the child, and is countersigned by a prescribed person; or”,

(c) in paragraph (c) for sub-paragraph (ii) substitute—

“(ii) a declaration in the prescribed form which is made by the mother, states that that person is the father of the child, and is countersigned by a prescribed person; or”, and

(d) at the end of paragraph (g) insert “or

(h) in accordance with regulations made under section 2C (confirmation of parentage information given by mother), section 2D (declaration before registration by person claiming to be other parent) or section 2E (scientific tests)”.

(3) In subsection (1B)—

(a) for the words from the beginning to “that section” substitute “ In the case of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply, no woman shall as parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 be required to give information concerning the birth of the child except by virtue of regulations under section 2C, and the registrar shall not enter the name of any woman as a parent of the child by virtue of that section ”,

(b) in paragraph (b) for sub-paragraph (ii) substitute—

“(ii) a declaration in the prescribed form which is made by the woman concerned, states herself to be a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or”,

(c) in paragraph (c) for sub-paragraph (ii) substitute—

“(ii) a declaration in the prescribed form which is made by the mother, states that the woman concerned is a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or”, and

(d) at the end of paragraph (f) insert “or

(g) in accordance with regulations made under section 2C (confirmation of parentage information given by mother) or section 2D (declaration before registration by person claiming to be other parent)”.

(4) After subsection (1B) insert—

“(1C) Subsections (1) and (1B) have effect subject to section 10ZA.”

(5) In subsections (2)(b) and (2A)(b), for “section 2” substitute “ section 2A ”.

(6) Omit subsection (3).

Textual Amendments

F22 Words in Sch. 6 para. 11(1) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(6)(a)(i)

F23 Words in Sch. 6 para. 11(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(6)(a)(ii)

F24 Words in Sch. 6 para. 11(2)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(6)(b)

12 (1) Section 10A of the 1953 Act (Re-registration where parents neither married nor civil partners) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b) for sub-paragraph (ii) substitute—

“(ii) a declaration in the prescribed form which is made by that person, states himself to be the father of the child, and is countersigned by a prescribed person; or”,

(b) in paragraph (c) for sub-paragraph (ii) substitute—

“(ii) a declaration in the prescribed form which is made by the mother, states that that person is the father of the child, and is countersigned by a prescribed person; or”.

(3) In subsection (1B)—

(a) in paragraph (b) for sub-paragraph (ii) substitute—

“(ii) a declaration in the prescribed form which is made by the woman concerned, states herself to be a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or”,

(b) in paragraph (c) for sub-paragraph (ii) substitute—

“(ii) a declaration in the prescribed form which is made by the mother, states that the woman concerned is a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or”.

(4) In subsection (2), omit paragraph (d) (requirement for signature by superintendent registrar where re-registration takes place more than 3 months after the birth) and the word “and” immediately before it.

Prospective

13 E+W After section 10A of the 1953 Act insert—

“10B Re-registration after sole registration: information provided by other parent and confirmed by mother

(1) The Minister may by regulations make provision for the re-registration of a birth to show a person as the father of a relevant child, on the basis of information given by that person after the birth is registered and confirmed by the mother.

(2) In this section a “relevant child” means a child—

(a) whose father and mother were not married to[F25 , or civil partners of,] each other at the time of the child's birth, and

(b) whose birth has been registered before or after the commencement of this section without any person being registered as the father of the child (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008).

(3) Regulations under subsection (1) may—

(a) enable a person who believes himself to be the father of a relevant child to make a declaration to that effect to the registrar,

(b) enable or require the registrar by notice to require the mother to state whether or not she acknowledges that the person is the father of the child, and

(c) where the mother acknowledges that the person is the father, require the registrar to re-register the birth so as to show the person as the father.

(4) In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsections (1) and (3) to the father are to be read as references to the woman who is a parent by virtue of that section.

(5) Regulations under this section may—

(a) require anything to be done in a prescribed form or manner or in the presence of the registrar,

(b) make provision as to the time within which anything is required or authorised to be done.

(6) Regulations under this section may not provide for any birth to be re-registered except with the authority of the Registrar General.

(7) In this section “prescribed” means prescribed by regulations made under this section by the Minister.

10C Re-registration after sole registration: information provided by mother and confirmed by other parent

(1) The Minister may by regulations make provision for the re-registration of a birth to show a person as the father of a relevant child, on the basis of information given by the mother after the birth is registered and confirmed by that person.

(2) In this section a “relevant child” means a child—

(a) whose father and mother were not married to[F26 , or civil partners of,] each other at the time of the child's birth, and

(b) whose birth has been registered before or after the commencement of this section without any person being registered as the father of the child (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008).

(3) Regulations under subsection (1) may—

(a) enable the mother of a relevant child to make a declaration to the registrar stating that a specified person (“the alleged father”) is the father of the child,

(b) enable or require the registrar by notice to require the alleged father to state whether or not he acknowledges that he is the father of the child,

(c) where the alleged father acknowledges that he is the father of the child, require the alleged father to give prescribed information to the registrar, and

(d) where the alleged father gives that information to the registrar, require the registrar to re-register the birth so as to show the alleged father as the father.

(4) In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsections (1) and (3) to the father are to be read as references to the woman who is a parent by virtue of that section (and references to the alleged father have a corresponding meaning).

(5) Regulations under this section may—

(a) require anything to be done in a prescribed form or manner or in the presence of the registrar,

(b) make provision as to the time within which anything is required or authorised to be done.

(6) Regulations under this section may not provide for any birth to be re-registered except with the authority of the Registrar General.

(7) In this section “prescribed” means prescribed by regulations made under this section by the Minister.”

Textual Amendments

F25 Words in Sch. 6 para. 13 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(7)(a)

F26 Words in Sch. 6 para. 13 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(7)(b)

14 E+W In section 34 of the 1953 Act (entry in register as evidence of birth or death), in subsection (3), for paragraph (a) substitute—

“(a) if it appears that not more than 12 months have so intervened—

(i) the original entry was made after the commencement of paragraph 7 of Schedule 6 to the Welfare Reform Act 2009, or

(ii) the entry purports either to be signed by the superintendent registrar as well as by the registrar or to have been made with the authority of the Registrar General;”.

Prospective

15 E+W In section 36 of the 1953 Act (penalties for failure to give information) after paragraph (a) insert—

“(aa) if, being required by regulations under section 2C, 2D, 2E, 10B or 10C to do anything within a particular time, he refuses or fails without reasonable excuse to do so;”.

Prospective

16 E+W In section 39 of the 1953 Act (regulations), in paragraph (a), for “this Act” substitute “ any provision of this Act other than sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C ”.

Valid from 19/09/2016

17 E+W After section 39 of the 1953 Act insert—

“39A Regulations made by the Minister: further provisions

(1) Regulations made by the Minister under the relevant provisions may—

(a) make different provision for different cases or areas,

(b) provide for exemptions from any of the provisions of the regulations, and

(c) contain such incidental, supplemental and transitional provision as the Minister considers appropriate.

(2) Before making regulations under the relevant provisions, the Minister must consult the Registrar General.

(3) Any power of the Minister to make regulations under the relevant provisions is exercisable by statutory instrument.

(4) A statutory instrument containing regulations made by the Minister under the relevant provisions is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section “the relevant provisions” means sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C.”

Prospective

18 E+W In section 41 of the 1953 Act (interpretation), in the definition of “prescribed”, after “ “prescribed””, insert “ (except in sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C) ”.

Part 2 E+W Other amendments

Prospective

Perjury Act 1911 (c. 6) E+W

19 E+W In section 4 of the Perjury Act 1911 (false statements, etc, as to births or deaths) after subsection (1) insert—

“(1A) For the purposes of subsection (1)(a), information which a person is required to provide to a registrar of births or deaths for the purposes of subsection (1) of section 2B of the Births and Deaths Registration Act 1953 (duties of [F27 mother not married or a civil partner] when acting alone) is to be taken to be information concerning a birth.”

Textual Amendments

F27 Words in Sch. 6 para. 19 substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 19(8)

Population (Statistics) Act 1938 (c. 12) E+W

20 (1) In the Schedule to the Population (Statistics) Act 1938 (particulars which may be required on registration of a birth), in paragraph 1— E+W

(a) for paragraph (a) substitute—

“(a) in all cases—

(i) the age of the mother;

(ii) the number of previous children of the mother, and how many of them were born alive or were still-born;”.

(b) for paragraph (c) substitute—

“(c) where the birth is of a child whose father and mother were married to each other at the time of the child's birth (or is by reason of any marriage of the child's parents treated by section 1(2) of the Family Law Reform Act 1987 as such a child for the purposes of that Act)—

(i) the date of the marriage, and

(ii) whether the mother had been married, or had formed a civil partnership, before her marriage to the child's father;

(d) where the birth is of a child to whom section 1(3) of that Act applies by reason of any civil partnership between the child's parents—

(i) the date of the formation of the civil partnership, and

(ii) whether the mother had been married, or had formed a civil partnership, before she formed the civil partnership with the child's other parent;

(e) where the birth does not fall within paragraph (c) or (d), whether at any time before the birth the mother had been married or had formed a civil partnership.”

(2) This paragraph does not extend to Scotland.

Prospective

Children Act 1989 (c. 41) E+W

21 (1) Section 4 of the Children Act 1989 (acquisition of parental responsibility by father) is amended as follows. E+W

(2) At the beginning of subsection (1)(a) insert “ except where subsection (1C) applies, ”.

(3) In subsection (1A), after paragraph (a) insert—

“(aa) regulations under section 2C, 2D, 2E, 10B or 10C of the Births and Deaths Registration Act 1953;”.

(4) After subsection (1B) insert—

“(1C) The father of a child does not acquire parental responsibility by virtue of subsection (1)(a) if, before he became registered as the child's father under the enactment in question—

(a) the court considered an application by him for an order under subsection (1)(c) in relation to the child but did not make such an order, or

(b) in a case where he had previously acquired parental responsibility for the child, the court ordered that he was to cease to have that responsibility.”

22 (1) Section 4ZA of the Children Act 1989 (acquisition of parental responsibility by second female parent) is amended as follows. E+W

(2) At the beginning of subsection (1)(a) insert “ except where subsection (3A) applies, ”.

(3) In subsection (2), after paragraph (a) insert—

“(aa) regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953;”.

(4) After subsection (3) insert—

“(3A) A person who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 does not acquire parental responsibility by virtue of subsection (1)(a) if, before she became registered as a parent of the child under the enactment in question—

(a) the court considered an application by her for an order under subsection (1)(c) in relation to the child but did not make such an order, or

(b) in a case where she had previously acquired parental responsibility for the child, the court ordered that she was to cease to have that responsibility.”

Prospective

Child Support Act 1991 (c. 48) E+W

23 E+W In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (2), in Case A2, in paragraph (b), after “10 or 10A of” insert “ , or regulations made under section 2C, 2D, 2E, 10B or 10C of, ”.

Prospective

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) E+W

24 E+W In Article 27 of the Child Support (Northern Ireland) Order 1991 (disputes about parentage), in paragraph (2), in Case A2, in paragraph (b), after “10 or 10A of” insert “ , or regulations made under section 2C, 2D, 2E, 10B or 10C of, ”.

Prospective

Children (Scotland) Act 1995 (c. 36) E+W

25 E+W In section 3 of the Children (Scotland) Act 1995 (provisions relating both to parental responsibilities and parental rights), in subsection (3A), after paragraph (b) insert—

“(ba) regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953;”.

Prospective

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) E+W

26 (1) Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility) is amended as follows. E+W

(2) In paragraph (2A) for the “or” at the end of paragraph (b) substitute—

“(ba) regulations under section 2C, 2D, 2E, 10B or 10C of the Births and Deaths Registration Act 1953; or”.

(3) In paragraph (2B), for the “or” at the end of paragraph (b) substitute—

“(ba) regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953; or”.

Valid from 12/01/2010

Section 58

Schedule 7 E+W+S Repeals and revocations

Prospective

Part 1 E+W+S Abolition of income support

The repeals and revocations made by this Part of this Schedule have effect in accordance with provision made by an order under section 9.
Reference	Extent of repeal or revocation
Maintenance Orders Act 1950 (c. 37)	In section 4— (a) subsection (1)(d), and (b) in subsection (2), the words “or the said section 106”.
	In section 9— (a) subsection (1)(d), and (b) in subsection (2), the words “or the said section 106”.
Transport Act 1982 (c. 49)	In section 70(2)(b), the words “income support,”.
Social Security Act 1986 (c. 50)	In Schedule 10, paragraphs 35 and 36.
Children Act 1989 (c. 41)	In section 17(9), the words “of income support under Part VII of the Social Security Contributions and Benefits Act 1992,”.
	In section 17A(5)(b), the words “of income support under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4),”.
	In section 29(3) and (3A), the words “of income support under Part VII of the Social Security Contributions and Benefits Act 1992,”.
	In Schedule 2, in paragraph 21(4), the words “of income support under Part VII of the Social Security Contributions and Benefits Act 1992,”.
Child Support Act 1991 (c. 48)	In section 54(1), the definition of “income support”.
	In Schedule 1 (as it has effect apart from the Child Support, Pensions and Social Security Act 2000 (c. 6)), in paragraph 5(4), the words “income support,”.
Criminal Justice Act 1991 (c. 53)	In section 24— (a) in subsections (1) and (2)(d), the words “income support,”, and (b) in subsection (4), the definition of “income support”.
Social Security Contributions and Benefits Act 1992 (c. 4)	Section 123(1)(a) and (2).
	Section 124.
	Sections 126 and 127.
Social Security Administration Act 1992 (c. 5)	Section 2A(2)(a).
	Section 2AA(2)(a).
	Section 2D(1), (3)(a), (8), (9)(b) and (10).
	Section 2E(2)(a).
	Section 5(2)(b).
	In section 15A— (a) in subsection (1), the words “income support,” in each place, and (b) in subsection (4), in the definition of “qualifying associate”, the words “income support,” and, in the definition of “relevant benefits”, paragraph (b).
	Section 71(11)(b).
	In section 74— (a) in subsections (1)(b), (2)(b) and (3)(b)(i) and (ii), the words “income support,”, (b) in subsection (3)(c), the words “the income support or”, and (c) in subsection (3), in the words following paragraph (c), the words “income support” and the words “the income support or”.
	In section 74A(7), the words “income support,”.
	In section 78(6)(d), the words “income support or”.
	In section 105(1)(b), the words “income support,”.
	Section 106.
	Section 108.
	In section 109(1), the words “income support or” in both places.
	Section 124(2)(b).
	In section 126(1), the words “income support,”.
	Sections 159 and 160.
	Section 163(2)(d)(i).
	Section 179(5)(a).
	In section 191, in the definition of “income-related benefit”, paragraph (a).
Social Security (Consequential Provisions) Act 1992 (c. 6)	In Schedule 2, paragraphs 3(1)(a) and (b) and (2) and 108.
Local Government Finance Act 1992 (c. 14)	In Schedule 4, in paragraph 6(1) and (2)(b), the words “income support,”.
	In Schedule 8, in paragraph 6(1) and (2)(b), the words “income support,”.
Jobseekers Act 1995 (c. 18)	Section 1A(6).
	In section 2(1), paragraph (d) (together with the “and” immediately before it).
	In section 3— (a) in subsection (1)(b), the words “income support,”, (b) subsection (1)(c), and (c) in subsection (1A)(a), the word “(c),”.
	Section 3A(1)(b).
	In section 16(1)(a)(ii), the words “or to income support”.
	In section 26— (a) in subsection (1), the words “or to income support”, (b) in subsection (3), the words “or (as the case may be) income support”, (c) in subsection (4)(d), the words “and periods of entitlement to income support”, (d) in subsection (4)(e), the words “wholly by way of income support or”, and (e) in subsection (4)(l), the words “or to income support”.
	In section 28(1), the words “or income support”.
	Section 31.
	In Schedule 2, paragraphs 30 to 32.
Employment Tribunals Act 1996 (c. 17)	In section 16(3)(a), (b) and (c) and (5)(e), the words “, income support”.
	In section 17(1), the words “, income support” in both places and the words “or V”.
Education Act 1996 (c. 56)	Section 457(4)(b)(i).
	Section 512ZB(4)(a)(i) and (b)(i).
Social Security Act 1998 (c. 14)	Section 8(3)(c).
	In section 34(3), the words “or to income support”.
	In Schedule 2— (a) paragraph 6(b)(i), and (b) in paragraph 7, the words “income support or” and the words “160(2) or”.
	In Schedule 7, paragraphs 95 and 97.
Access to Justice Act 1999 (c. 22)	In Schedule 4, paragraph 48.
Welfare Reform and Pensions Act 1999 (c. 30)	In Schedule 7, paragraph 14.
	In Schedule 8, paragraphs 27 and 28.
Immigration and Asylum Act 1999 (c. 33)	Section 115(1)(e).
Children (Leaving Care) Act 2000 (c. 35)	In section 6(1), the words “income support or”.
Social Security Fraud Act 2001 (c. 11)	Section 6B(6).
	Section 7(3).
	Section 9(1)(a) and (3).
	Section 11(3)(b).
Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929)	In Schedule 3, paragraph 24.
State Pension Credit Act 2002 (c. 16)	In Schedule 2, paragraph 2.
Tax Credits Act 2002 (c. 21)	In Schedule 3, paragraphs 16(2)(a), 18(a) and 20(a).
Secretaries of State for Education and Skills and for Work and Pensions Order 2002 (S.I. 2002/1397)	In Schedule 1, paragraph 7.
Income Tax (Earnings and Pensions) Act 2003 (c. 1)	In Schedule 6, paragraph 179.
Age-Related Payments Act 2004 (c. 10)	In section 2(3)(b), sub-paragraph (iii) (together with the “or” immediately before it).
	In section 8(1), the definition of “income support”.
Civil Partnership Act 2004 (c. 33)	In Schedule 24, paragraphs 42 to 44 and 123.
Welfare Reform Act 2007 (c. 5)	In section 1(3), paragraph (e) (but not the “and” at the end of it).
	In section 24(1), the definition of “income support”.
	In Schedule 1, in paragraph 6(1)(d), the words “, income support”.
	In Schedule 3, paragraph 9(9) and (10).
Pensions Act 2007 (c. 22)	In Schedule 1, paragraph 25.
Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655)	In the Schedule, paragraph 16.
Child Maintenance and Other Payments Act 2008 (c. 6)	In Schedule 7, paragraph 2(2).
Saving Gateway Accounts Act 2009 (c. 8)	Section 3(2)(a).
This Act.	Section 3(1).
	Section 5(1).
	In Schedule 4, paragraph 6(3)(b).

Part 2 E+W+S Abolition of adult dependency increases

Commencement Information

I1 Sch. 7 Pt. 2 partly in force; Sch. 7 Pt. 2 in force for specified purposes at 12.1.2010 see s. 61(2)

Reference	Extent of repeal or revocation
Social Security Contributions and Benefits Act 1992 (c. 4)	In section 20(1)(d), the words “(with increase for adult dependants)”.
	In section 63(c), the words “(with increase for adult dependants)”.
	Section 82.
	Sections 88 to 92.
	In section 114(4), the word “82”.
	In Part 4 of Schedule 4, paragraphs 3 and 9.
Social Security (Incapacity for Work) Act 1994 (c. 18)	In Schedule 1, paragraphs 25 to 27.
Jobseekers Act 1995 (c. 18)	In Schedule 2, paragraphs 24 and 27.
Welfare Reform and Pensions Act 1999 (c. 30)	In Schedule 8, paragraph 26.
Tax Credits Act 2002 (c. 21)	In Schedule 3, paragraph 34.
Regulatory Reform (Carer's Allowance) Order 2002 (S.I. 2002/1457)	In the Schedule, paragraph 2(d).
Civil Partnership Act 2004 (c. 33)	In Schedule 24, paragraph 35.
Child Benefit Act 2005 (c. 6)	In Schedule 1, paragraph 5.
Pensions Act 2004 (PPF Payments and FAS Payments) (Consequential Provisions) Order 2006 (S.I. 2006/343)	In the Schedule, paragraph 1(2).
Welfare Reform Act 2007 (c. 5)	In Schedule 3, paragraph 9(7) and (8).
Pensions Act 2007 (c. 22)	In Schedule 1, paragraphs 14 and 15.

Valid from 22/03/2010

Part 3 E+W+S Social security: other repeals and revocations

Reference	Extent of repeal or revocation
Social Security Administration Act 1992 (c. 5)	In section 2A(8), in the definition of “the designated authority”, paragraph (b).
	In section 2AA(7), in the definition of “designated authority”, paragraph (b).
	Section 2B.
	Section 5(1)(r).
	In section 170(5)— (a) in paragraph (ae) of the definition of “the relevant enactments”, the word “60,”, (b) in paragraph (af) of the definition of “the relevant enactments”, the words “, sections 62 to 65”, (c) in paragraph (ae) of the definition of “the relevant Northern Ireland enactments”, the word “60,”, and (d) in paragraph (af) of the definition of “the relevant Northern Ireland enactments”, the words “62 to 65,”.
Jobseekers Act 1995 (c. 18)	Section 8(3).
	Section 9(13).
	In section 15A— (a) in subsection (4), paragraph (b) (together with the “or” immediately before it), and (b) in subsection (5), paragraph (c) (but not the “and” at the end of it).
	In section 16(4), the definition of “employment officer”.
	In section 17A(10), the definition of “the jobseeking conditions”.
	Section 19(10)(a).
	In section 36(1), the words “, other than an order under section 8(3), 9(13), 16(4) or 19(10)(a),”.
	In Schedule A1, in paragraph 9, the definition of “the jobseeking conditions”.
Employment Rights Act 1996 (c. 18)	In Schedule 1, in paragraph 67(2), paragraph (b) (together with the “and” immediately before it).
Social Security Act 1998 (c. 14)	In Schedule 2, paragraph 5A (together with the italic heading immediately before it).
	In Schedule 3, paragraph 3(e).
	In Schedule 7, paragraphs 141, 142 and 145.
Welfare Reform and Pensions Act 1999 (c. 30)	Section 60.
	Section 72(3)(b).
	In section 83(8) and (9), the words “60 or”.
	In Schedule 7, paragraphs 2(2), (3) and (4)(b), 3, 4(1), 7(5) to (7), 12 and 13.
	In Schedule 8, paragraph 29(3), (5) and (6).
	In Schedule 12, paragraph 87.
Child Support, Pensions and Social Security Act 2000 (c. 19)	Sections 62 to 66.
Criminal Justice and Court Services Act 2000 (c. 43)	In Schedule 7, paragraphs 205 to 207.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2000 (S.I. 2000/1563)	Article 4.
Social Security Fraud Act 2001 (c. 11)	In section 7— (a) in subsection (8), the definitions of “disqualifying benefit” and “sanctionable benefit”, and (b) subsection (11).
	In section 8(2)(b), sub-paragraph (ii) and the word “or” before it.
	Section 12(1).
	In section 13, the definitions of “disqualification period” and “post-commencement offence”.
State Pension Credit Act 2002 (c. 16)	In Schedule 2, paragraph 45(3).
Employment Act 2002 (c. 22)	In Schedule 7, paragraphs 9, 51 and 55.
Criminal Justice Act 2003 (c. 44)	In Schedule 32, paragraphs 130 to 132.
Civil Partnership Act 2004 (c. 33)	In Schedule 24, paragraphs 118, 120 and 121.
Welfare Reform Act 2007 (c. 5)	In Schedule 3, paragraphs 12(2), 20 and 23(3).
Criminal Justice and Immigration Act 2008 (c. 4)	In Schedule 4, paragraphs 65 to 67.
Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833)	In Schedule 3, paragraph 102.

Prospective

Part 4 E+W+S Child maintenance

Reference	Extent of repeal
Road Traffic Act 1988 (c. 52)	In section 164(5), the words “, section 40B of the Child Support Act 1991”.
Road Traffic Offenders Act 1988 (c. 53)	In section 27(3), the words from “, or if the holder” to “Child Support Act 1991, then,”.
Child Support Act 1991 (c. 48)	In section 39E— (a) in subsections (1) and (2), the words “the Commission or”, and (b) subsections (3) to (5).
	Section 39G.
	Section 40B.
Child Support, Pensions and Social Security Act 2000 (c. 19)	Section 16(3) to (5).
Road Safety Act 2006 (c. 49)	In Schedule 2, paragraph 33.
	In Schedule 3, paragraph 65(3)(b).
Child Maintenance and Other Payments Act 2008 (c. 6)	Section 30.
	In section 59(5) and (6), the word “, 40B”.
	In Schedule 3, paragraph 42.
	In Schedule 7, paragraph 1(15) to (18).

Prospective

Part 5 E+W+S Birth registration

Reference	Extent of repeal
Births and Deaths Registration Act 1953 (c. 20)	Section 6.
	Section 7(3).
	Section 10(3).
	In section 10A(2), paragraph (d) (together with the “and” immediately before it).