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The Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009

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Statutory Instruments

2009 No. 1314 (C. 72)

Family Law

Child Support

The Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009

Made

28th May 2009

The Secretary of State, in exercise of the power conferred by section 62(3) of the Child Maintenance and Other Payments Act 2008(1), makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009.

(2) In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.

Appointed days

2.—(1) The following provisions come into force on 1st June 2009 for the purpose of making regulations and on 3rd August 2009 for all other purposes—

(a)section 22 (orders for regular deductions from accounts);

(b)section 23 (lump sum deduction orders);

(c)section 57(1) (minor and consequential amendments), so far as relating to paragraph 1(22)(a) of Schedule 7; and

(d)paragraph 1(22)(a) of Schedule 7 (minor and consequential amendments).

(2) The following provisions, in so far as not already in force, come into force on 1st June 2009—

(a)sections 57(1) and 58 (repeals), so far as relating to the paragraphs and entries referred to in sub-paragraphs (b) and (c) below;

(b)the following paragraphs of Schedule 7—

(i)paragraphs 1(7), (9), (10), (26), (32) and (34), 2(3) to (6) and 4, and

(ii)paragraph 1(25)(a), except in relation to the definition of “curfew order”; and

(c)in Schedule 8 (repeals), the entries relating to—

(i)the repeal of sections 6 and 36(2) of the Child Support Act 1991(2) and the repeals in section 7(1) of that Act, and

(ii)the repeal of paragraph 9 of Schedule 3 to the Child Support Act 1995(3).

Signed by authority of the Secretary of State for Work and Pensions.

William D. McKenzie

Parliamentary Under-Secretary of State,

Department for Work and Pensions

28th May 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”) as follows:

Article 2(1) brings into force various provisions, including sections 22 and 23, on 1st June 2009 for the purpose of making regulations and on 3rd August 2009 for all other purposes. Those sections insert provisions into the Child Support Act 1991 (c. 48) for the making of regular and lump sum deduction orders by the Child Maintenance and Enforcement Commission.

Article 2(2) brings various other provisions of the 2008 Act into force on 1st June 2009. The provisions are in Schedules 7 and 8 of that Act, which contain minor and consequential amendments and repeals.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Child Maintenance and Other Payments Act 2008 have been brought into force by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
section 1 (partially)10th June 20082008/1476
section 1 (for all other purposes)24th July 20082008/2033
section 224th July 20082008/2033
section 3 (partially)24th July 20082008/2033
section 3 (for all other purposes)1st November 20082008/2675
section 424th July 20082008/2033
section 524th July 20082008/2033
section 624th July 20082008/2033
section 724th July 20082008/2033
section 824th July 20082008/2033
section 924th July 20082008/2033
section 1024th July 20082008/2033
section 1124th July 20082008/2033
section 1224th July 20082008/2033
section 131st November 20082008/2675
section 141st November 20082008/2675
section 15 (partially)14th July 20082008/1476
section 15 (for all other purposes)27th October 20082008/2548
section 20 (partially)26th September 20082008/2548
section 20 (for all other purposes)27th October 20082008/2548
section 36 (partially)26th September 20082008/2548
section 36 (for all other purposes)27th October 20082008/2548
section 435th August 20082008/2033
section 441st November 20082008/2675
section 4514th July 20082008/1476
section 46 (partially)10th June 20082008/1476
section 46 (for all other purposes)1st October 20082008/1476
section 47 (partially)10th June 20082008/1476
section 47 (for all other purposes)1st October 20082008/1476
section 48 (partially)10th June 20082008/1476
section 48 (for all other purposes)1st October 20082008/1476
section 49 (partially)10th June 20082008/1476
section 49 (for all other purposes)1st October 20082008/1476
section 50 (partially)10th June 20082008/1476
section 50 (for all other purposes)1st October 20082008/1476
section 511st October 20082008/1476
section 521st October 20082008/1476
section 53 (partially)10th June 20082008/1476
section 53 (for all other purposes)1st October 20082008/1476
section 54 (partially)10th June 20082008/1476
section 54 (for all other purposes)1st October 20082008/1476
section 5610th June 20082008/1476
section 57 (partially)10th June 20082008/1476
section 57 (partially)27th October 20082008/2548
section 57 (partially)1st November 20082008/2675
section 58 (partially)14th July 20082008/1476
section 58 (partially)27th October 20082008/2548
section 58 (partially)1st November 20082008/2675
section 5910th June 20082008/1476
section 60 (partially)10th June 20082008/1476
schedule 1 (partially)10th June 20082008/1476
schedule 1 (for all other purposes)24th July 20082008/2033
schedule 21st November 20082008/2675
schedule 3 (partially)See article 2(a) of Commencement Order No. 4(4)2008/2675
schedule 3 (partially)1st November 20082008/2675
schedule 61st November 20082008/2675
schedule 7 (partially)14th July 20082008/1476
schedule 7 (partially)27th October 20082008/2548
schedule 7 (partially)1st November 20082008/2675
schedule 8 (partially)14th July 20082008/1476
schedule 8 (partially)27th October 20082008/2548
schedule 8 (partially)1st November 20082008/2675
(2)

1991 c. 48. Section 6 ceased to have effect and was repealed, except in relation to existing cases, on 14th July 2008, see article 2(3) of the Child Maintenance and Other Payments Act 2008 (Commencement) Order 2008 (S.I. 2008/1476 (C. 67)). Section 6 ceased to have effect in relation to all cases on 27th October 2008, see article 3(a) of the Child Maintenance and Other Payments Act 2008 (Commencement No. 3 and Transitional and Savings Provisions) Order 2008 (S.I. 2008/2548) (C. 110).

(4)

Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008 (S.I. 2008/2675 (C. 116)).

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