Statutory Instruments
2003 No. 346 (C. 21)
FAMILY LAW
CHILD SUPPORT
The Child Support, Pensions and Social Security Act 2000 (Commencement No.13) Order 2003
Made
22nd February 2003
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 86(2) of the Child Support, Pensions and Social Security Act 2000(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation
1. This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No.13) Order 2003.
Amendment of earlier Order
2. For article 6 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 (appointed day for section 23, and associated repeal)(2) there shall be substituted the following article:—
“Appointed day for section 23 and associated repeal
6.—(1) The day appointed for the coming into force of the provisions specified in paragraph (2) for the purposes of cases specified in paragraph (3) is—
(a)as respects any case specified in paragraph (3)(a) where, before 3rd March 2003, relevant maintenance is paid or payable—
(i)where 3rd March 2003 is the day on which the maintenance calculation in relation to that case takes effect, 3rd March 2003,
(ii)where the maintenance calculation in relation to that case takes effect on a day later than 3rd March 2003, that later day;
(b)as respects any other case specified in paragraph (3)(a), 3rd March 2003;
(c)as respects any case which is specified in paragraph (3)(b)—
(i)where 3rd March 2003 is the case conversion date in relation to that case, 3rd March 2003,
(ii)where a day later than 3rd March 2003 is the case conversion date in relation to that case, that later day;
(d)as respects any case specified in paragraph (3)(c) which is referred to—
(i)in paragraph (a) of article 4, the day on which the claim for the benefit mentioned in that paragraph is made,
(ii)in paragraph (b) of that article, the day on which the Secretary of State is notified that the authorisation mentioned in sub-paragraph (iii) of that paragraph is withdrawn,
(iii)in paragraph (c) of that article, 3rd March 2003;
(e)as respects any case which is specified in sub-paragraph (d) of paragraph (3), the day on which the maintenance referred to in that sub-paragraph is first paid.
(2) The provisions mentioned in paragraph (1) are—
(a)section 23 (section 10 of the Child Support Act 1995(3) to cease to have effect); and
(b)Part I of Schedule 9 in so far as it relates to the repeal of section 10 of the Child Support Act 1995.
(3) The cases mentioned in paragraph (1) are—
(a)cases referred to in sub-paragraph (a) of article 3(1);
(b)cases referred to in sub-paragraph (b) or (c) of article 3(1);
(c)cases referred to in paragraph (a), (b) or (c) of article 4;
(d)cases to which sub-paragraphs (a) to (c) do not apply where, on or after 3rd March 2003, relevant maintenance is first paid.
(4) For the purposes of sub-paragraph (d) of paragraph (3), a case shall not be regarded as one to which that sub-paragraph does not apply by reason only of the fact that relevant maintenance was paid or payable before 3rd March 2003—
(a)in respect of the care of a different child;
(b)under an earlier agreement; or
(c)by virtue of an earlier order of the court.
(5) In this article—
“case conversion date” means the date which is, by virtue of regulation 15 of the Child Support (Transitional Provisions) Regulations 2000(4), the case conversion date in relation to that case; and
“relevant maintenance” means maintenance, other than child support maintenance, which is paid or payable—
to a person who has the care of a child in the United Kingdom;
in respect of the care of the child; and
under an agreement (whether enforceable or not) between that person and the person by whom the maintenance is payable, or by virtue of an order of the court.”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd February 2003.
Explanatory Note
(This note is not part of the Order)
This Order makes further provision as to the coming into force of Part I of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the Act”).
In particular, this Order amends the provision made in an earlier Order as to the day appointed for the coming into force of section 23 of the Act (which provides for section 10 of the Child Support Act 1995 to cease to have effect) and the associated repeal of that section 10 for the purposes of different categories of cases where child support and other forms of maintenance have been, or become, payable in respect of a child.
This Order does not impose any new costs on business.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the Child Support, Pensions and Social Security Act 2000 have been brought into force by the Child Support, Pensions and Social Security Act 2000 (Commencement No.1) Order 2000 (S.I.2000/2666 (C.74)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.2) Order 2000 (S.I.2000/2950 (C.87))(5), the Child Support, Pensions and Social Security Act 2000 (Commencement No.3) Order 2000 (S.I.2000/2994 (C.94)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.4) Order 2000 (S.I.2000/3166 (C.101))(6), the Child Support, Pensions and Social Security Act 2000 (Commencement No.5) Order 2000 (S.I.2000/3354 (C.112)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.6) Order 2001 (S.I.2001/153 (C.8)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.7) Order 2001 (S.I.2001/774 (C.28)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.8) Order 2001 (S.I.2001/1252 (C.45)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.9) Order 2001 (S.I.2001/2295 (C.76))(7), the Child Support, Pensions and Social Security Act 2000 (Commencement No.10) Order 2001 (S.I.2001/2619 (C.86)), the Child Support, Pensions and Social Security Act 2000 (Commencement No.11) Order 2002 (S.I.2002/437 (C.12)) and the Child Support, Pensions and Social Security Act 2000 (Commencement No.12) Order 2003 (S.I.2003/192 (C.11)).
Provision | Date of Commencement | S.I. No. |
---|---|---|
*(8) Section 1(1) and (2) | 3rd March 2003 | 2003/192 |
*Section 1(3) | 10th November 2000 | 2000/2994 |
3rd March 2003 | 2003/192 | |
*Section 2(1) and (2) | 4th February 2003 | 2003/192 |
3rd March 2003 | 2003/192 | |
*Section 2(3) | 3rd March 2003 | 2003/192 |
*Sections 3 to 6 | 10th November 2000 | 2000/2994 |
3rd March 2003 | 2003/192 | |
*Section 7 | 10th November 2000 | 2000/2994 |
1st January 2001 | 2000/2994 | |
3rd March 2003 | 2003/192 | |
*Section 8 | 3rd March 2003 | 2003/192 |
*Sections 9 and 10 | 10th November 2000 | 2000/2994 |
3rd March 2003 | 2003/192 | |
Section 11 | 15th February 2001 | 2000/3354 |
*Section 12 | 3rd March 2003 | 2003/192 |
Sections 13 to 15 | 31st January 2001 | 2000/3354 |
Sections 16 and 17 | 10th November 2000 | 2000/2994 |
2nd April 2001 | 2000/3354 | |
*Sections 18 to 21 | 10th November 2000 | 2000/2994 |
3rd March 2003 | 2003/192 | |
Section 22(1) and (2) | 31st January 2001 | 2000/3354 |
Section 22(3) | 10th November 2000 | 2000/2994 |
31st January 2001 | 2000/3354 | |
*Section 22(4) | 3rd March 2003 | 2003/192 |
*Section 23 | 3rd March 2003 | 2003/192 |
*Section 25 | 10th November 2000 | 2000/2994 |
3rd March 2003 | 2003/192 | |
*Section 26 | 10th November 2000 | 2000/2994 |
1st January 2001 | 2000/2994 | |
31st January 2001 | 2000/3354 | |
2nd April 2001 | 2001/1252 | |
4th February 2003 | 2003/192 | |
3rd March 2003 | 2003/192 | |
Section 27 | 10th November 2000 | 2000/2994 |
1st January 2001 | 2000/2994 | |
Section 29 | 10th November 2000 | 2000/2994 |
3rd March 2003 | 2003/192 | |
Sections 30 and 31 | 8th January 2001 | 2000/2950 |
2000/3166 | ||
25th January 2001 | 2001/153 | |
6th April 2002 | 2001/153 | |
Section 32 | 8th January 2001 | 2000/2950 |
2000/3166 | ||
9th April 2001 | 2001/153 | |
Section 33(1) and (2) | 8th January 2001 | 2000/2950 |
2000/3166 | ||
25th January 2001 | 2001/153 | |
6th April 2002 | 2001/153 | |
Section 33(3) and (4) | 8th January 2001 | 2000/2950 |
2000/3166 | ||
25th January 2001 | 2001/153 | |
Sections 34 and 35 | 8th January 2001 | 2000/2950 |
2000/3166 | ||
25th January 2001 | 2001/153 | |
6th April 2002 | 2001/153 | |
Section 36 | 1st November 2000 | 2000/2950 |
Section 37 | 1st December 2000 | 2000/3166 |
Section 40 | 8th January 2001 | 2000/3166 |
Section 41 | 29th September 2000 | 2000/2666 |
Section 42 | 1st December 2000 | 2000/3166 |
Sections 47 and 48 | 1st March 2002 | 2002/437 |
1st April 2002 | 2002/437 | |
*Section 49(1) | 1st March 2002 | 2002/437 |
1st April 2002 | 2002/437 | |
Section 49(2) and (3) | 1st March 2002 | 2002/437 |
1st April 2002 | 2002/437 | |
Section 50 | 1st March 2002 | 2002/437 |
1st April 2002 | 2002/437 | |
Section 51 | 1st December 2000 | 2000/3166 |
*Section 52 | 1st January 2001 | 2000/3166 |
Section 53 | 1st December 2000 | 2000/3166 |
*Section 54 | 1st March 2002 | 2002/437 |
Section 55 | 23rd July 2001 | 2001/2295 |
*Section 56 | 1st November 2000 | 2000/2950 |
1st January 2001 | 2000/3166 | |
12th February 2001 | 2000/3166 | |
1st June 2001 | 2000/3166 | |
2nd April 2001 | 2001/1252 | |
Sections 57 and 58 | 15th November 2000 | 2000/2994 |
9th April 2001 | 2000/2994 | |
Section 59 | 1st January 2001 | 2000/2994 |
Section 60 | 9th April 2001 | 2000/2994 |
Section 61 | 1st January 2001 | 2000/2994 |
*Sections 62 to 65 | 1st December 2000 | 2000/2950 |
15th October 2001 | 2001/2619 | |
*Section 66 | 15th October 2001 | 2001/2619 |
Section 67 | 1st November 2000 | 2000/2950 |
2nd April 2001 | 2001/1252 | |
*Section 68 | 1st November 2000 | 2000/2950 |
2nd July 2001 | 2001/1252 | |
Section 69 | 1st November 2000 | 2000/2950 |
2nd July 2001 | 2001/1252 | |
Section 70 | 26th June 2001 | 2001/2295 |
2nd July 2001 | 2001/2295 | |
Section 71 | 1st November 2000 | 2000/2950 |
1st October 2001 | 2001/2295 | |
Section 72 | 9th October 2000 | 2000/2666 |
Section 73 | 1st November 2000 | 2000/2950 |
1st December 2000 | 2000/2950 | |
2000/3166 | ||
Sections 82 and 83 | 1st April 2001 | 2001/774 |
*Schedules 1 and 2 | 10th November 2000 | 2000/2994 |
3rd March 2003 | 2003/192 | |
Schedule 3— | ||
*paragraphs 1 to 10 | 3rd March 2003 | 2003/192 |
*paragraph 11(1) | 3rd March 2003 | 2003/192 |
*paragraph 11(2) | 31st January 2001 | 2000/3354 |
3rd March 2003 | 2003/192 | |
*paragraph 11(3) | 3rd March 2003 | 2003/192 |
*paragraph 11(4) | 4th February 2003 | 2003/192 |
3rd March 2003 | 2003/192 | |
*paragraph 11(5) to (14) | 3rd March 2003 | 2003/192 |
paragraph 11(15) | 3rd March 2003 | 2003/192 |
*paragraph 11(16) | 3rd March 2003 | 2003/192 |
paragraph 11(17) | 1st January 2001 | 2000/2994 |
*paragraph 11(18) | 10th November 2000 | 2000/2994 |
3rd March 2003 | 2003/192 | |
*paragraph 11(19) to (22) | 3rd March 2003 | 2003/192 |
*paragraph 12 | 3rd March 2003 | 2003/192 |
paragraph 13(1) | 2nd April 2001 | 2001/1252 * |
paragraph 13(2) | 3rd March 2003 | 2003/192 |
paragraph 13(3) | 2nd April 2001 | 2001/1252 |
*paragraphs 14 and 15 | 3rd March 2003 | 2003/192 |
Schedule 4 | 8th January 2001 | 2000/2950 |
25th January 2001 | 2000/3166 | |
6th April 2002 | 2001/153 | |
Schedule 5— | ||
Part I— | ||
paragraphs 1 to 3, 7, 8(2), 9 and 12(1) | 1st January 2001 | 2000/3166 |
paragraph 10 | 1st November 2000 | 2000/2950 |
paragraph 11 | 2nd April 2001 | 2001/1252 |
Part II | 12th February 2001 | 2000/3166 |
1st June 2001 | 2000/3166 | |
6th April 2002 | 2001/1252 | |
Schedule 6 | 1st November 2000 | 2000/2950 |
2nd April 2001 | 2001/1252 | |
Schedule 7— | ||
Paragraphs 1 to 16, *18, 19 to 21, *22 and 23 | 1st November 2000 | 2000/2950 |
2nd July 2001 | 2001/1252 | |
Schedule 8 | 1st April 2001 | 2001/774 |
Schedule 9— | ||
*Part I | 2nd April 2001 | 2001/1252 |
3rd March 2003 | 2003/192 | |
Part II | 8th April 2001 | 2001/153 |
Part III— | ||
Section (2) | 1st March 2002 | 2002/437 |
1st April 2002 | 2002/437 | |
Section (3) | 1st December 2000 | 2000/3166 |
Sections (4) to (9) | 1st January 2001 | 2000/3166 |
Section (11) | 6th April 2002 | 2002/437 |
Part IV | 9th April 2001 | 2000/2994 |
Part VI | 2nd April 2001 | 2001/1252 |
*Part VII | 2nd July 2001 | 2001/1252 |
Part IX | 1st April 2001 | 2001/774 |
S.I. 2000/3186, amended by S.I. 2002/1204 and 2003/328 and 347.
S.I. 2000/2950 (C. 87) was amended by article 3 of S.I. 2000/3166 (C. 101).
S.I. 2000/3166 (C. 101) was amended by article 3 of S.I. 2001/1252 (C. 45).
S.I. 2001/2295 (C. 76) was amended by article 2 of S.I. 2002/437 (C. 12).
In this note an asterisk indicates that the provision or provisions to which it relates has or have been commenced in part, or for certain purposes only.