Child Poverty Act 2010

SCHEDULES

[F1 SCHEDULE 1 U.K. Social Mobility and Child Poverty Commission

Textual Amendments

F1 Sch. 1 substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 3

Membership, chair and deputy chair U.K.

1 (1) The members of the Commission are to be— U.K.

(a) a chair appointed by a Minister of the Crown,

(b) a member appointed by the Scottish Ministers,

(c) a member appointed by the Welsh Ministers,

(d) after the appointed day for Northern Ireland, a member appointed by the relevant Northern Ireland department, and

(e) any other members appointed by a Minister of the Crown.

(2) A Minister of the Crown may appoint one of the members as the deputy chair.

Term of office U.K.

2 U.K. Members are to hold and vacate office in accordance with the terms of their appointment, subject to the following provisions.

3 U.K. Members must be appointed for a term of not more than five years.

4 U.K. A member may resign by giving notice in writing to a Minister of the Crown.

5 U.K. A Minister of the Crown may remove a member if—

(a) the person has been absent from three or more consecutive meetings of the Commission without its permission,

(b) the person has become bankrupt or has made an arrangement with creditors,

(c) the person's estate has been sequestrated in Scotland or the person, under Scots law, has made a composition or arrangement with, or granted a trust deed for, creditors, or

(d) the Minister is satisfied that the person is otherwise unable or unfit to perform the duties of the office.

6 U.K. A person ceases to be the chair or the deputy chair if the person—

(a) resigns that office by giving notice in writing to a Minister of the Crown, or

(b) ceases to be a member.

7 U.K. A person who holds or has held office as the chair, or as the deputy chair or other member, may be reappointed, whether or not to the same office.

Provision of staff and facilities etc U.K.

8 (1) A Minister of the Crown may provide the Commission with— U.K.

(a) such staff,

(b) such accommodation, equipment and other facilities, and

(c) such sums,

as the Minister may determine are required by the Commission in the exercise of its functions.

(2) A Minister of the Crown may, if the Commission so requests, carry out or commission research for the purpose of the carrying out of the Commission's functions.

Payments U.K.

9 U.K. A Minister of the Crown may pay to or in respect of the members of the Commission such remuneration, allowances and expenses as the Minister may determine.

Supplementary powers U.K.

10 U.K. The Commission may do anything that appears to it necessary or appropriate for the purpose of, or in connection with, the carrying out of its functions.

Status U.K.

11 U.K. The Commission is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown.

Sub-committees U.K.

12 U.K. The Commission may establish sub-committees.

Validity of proceedings U.K.

13 U.K. The Commission may regulate—

(a) its own procedure (including quorum);

(b) the procedure of any sub-committee (including quorum).

14 U.K. The validity of anything done by the Commission or any sub-committee is not affected by—

(a) any vacancy in the membership of the Commission or sub-committee, or

(b) any defect in the appointment of any member of the Commission or a sub-committee.

Discharge of functions U.K.

15 U.K. The Commission may authorise a sub-committee or member to exercise any of the Commission's functions.]

Section 17

SCHEDULE 2 U.K. Continuing effect of targets after target year

Interpretation of Schedule U.K.

1 U.K. In this Schedule—

• “renewed target year” means—

  (a)

  a financial year in relation to which the Secretary of State is required by paragraph 2 to ensure that the targets are met, or

  (b)

  a financial year specified under paragraph 3(a);

• “the targets” means the targets in sections 3, 4 and 6 and, subject to paragraph 9, the target in section 5;

• “target statement”—

  (a)

  in relation to the target year, means [F2 the statement required by section 15 ], and

  (b)

  in relation to a renewed target year, means the statement required by paragraph 8.

Textual Amendments

F2 Words in Sch. 2 para. 1 substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 13(2)

Duty to maintain targets U.K.

2 U.K. If the target statement relating to the target year or a renewed target year indicates that the targets have been met in relation to that financial year, the Secretary of State must ensure that they are also met in relation to the financial year following that in which that target statement is laid before Parliament.

Duty to make regulations requiring targets to be met in specified financial year U.K.

3 U.K. If the target statement relating to the target year or a renewed target year indicates that any of the targets has not been met in relation to that financial year, the Secretary of State must make regulations under this paragraph—

(a) requiring the Secretary of State to ensure that the targets are met in relation to a later financial year specified in the regulations,

(b) requiring the Secretary of State, the Scottish Ministers and the relevant Northern Ireland department to publish strategies,

(c) requiring consultation by the Secretary of State, in relation to any strategy prepared by the Secretary of State, with the persons mentioned in section 10(4)(a) to (d) and consultation by the Scottish Ministers and the relevant Northern Ireland department, in relation to strategies prepared by them, with the persons whom they are required to consult under section 13(3)(a) to (d), and

(d) requiring [F3 the Commission] to publish annual reports on the implementation of any strategy prepared by the Secretary of State.

Textual Amendments

F3 Words in Sch. 2 para. 3(d) substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 13(3)

4 U.K. Regulations under paragraph 3 must be made as soon as reasonably practicable after the time when the target statement referred to in that paragraph is laid before Parliament.

5 U.K. Regulations under paragraph 3 may confer or impose functions on the Commission.

6 U.K. The provision that may be made by regulations under paragraph 3 includes provision corresponding to that made (in relation to financial years not later than the target year) by any of the following—

(a) sections 9 and 10 (UK strategies);

(b) sections 11, 12 and 13 (Scottish and Northern Ireland strategies);

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 para. 6(c)(d) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 13(4)

Economic and fiscal circumstances U.K.

7 (1) The matters mentioned in section 16(2) must be taken into account— U.K.

(a) by the Secretary of State in preparing a strategy under regulations under paragraph 3;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In preparing a strategy under regulations under paragraph 3, the Scottish Ministers or the relevant Northern Ireland department must have regard to the matters mentioned in section 16(3)(a) and (b).

Textual Amendments

F5 Sch. 2 para. 7(1)(b) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), s. 150(2)(j), Sch. 13 para. 13(4)

Statement as to whether targets are met in relation to renewed target year U.K.

8 (1) The Secretary of State must, as soon as reasonably practicable after the end of each renewed target year, lay before Parliament a statement of— U.K.

(a) the percentage of children living in qualifying households in the United Kingdom in the renewed target year who were living in households that fell within the relevant income group for the purposes of section 3 (the relative low income target);

(b) the percentage of children living in qualifying households in the United Kingdom in the renewed target year who were for the purposes of section 4 (the combined low income and material deprivation target) living in households that fell within the relevant income group and experiencing material deprivation;

(c) if the absolute low income target in section 5 applies in relation to the renewed target year, the percentage of children living in qualifying households in the United Kingdom in the renewed target year who were living in households that fell within the relevant income group for the purposes of that section;

(d) the percentage of children who have lived in qualifying households during the survey years (as defined by section 6(2)) which relate to the renewed target year who have lived in households that fell within the relevant income group for the purposes of section 6 (the persistent poverty target) in at least 3 of the survey years.

(2) The statement must be based on statistics that the Statistics Board has designated under section 12 of the Statistics and Registration Service Act 2007 (assessment) as National Statistics.

(3) Whether the targets have been met in relation to a renewed target year is to be determined by reference to the percentages given in the statement.

(4) If any of the targets has not been met, the statement must explain why it has not been met.

Power to exclude or modify absolute low income target U.K.

9 (1) Regulations may— U.K.

(a) amend the percentage specified in subsection (1) of section 5 (the absolute low income target) or the base year specified in subsection (4) of that section in their application in relation to any financial year later than the target year, or

(b) repeal section 5, and the reference to that section in section 25(3)(a).

(2) Regulations made by virtue of sub-paragraph (1)(b) do not affect the application of section 5 in relation to the target year or any other financial year before the regulations are made.