§ '.—(1) Where an order of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a maintenance assessment is made, the order—
- (a) shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or
- (b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.
§ (2) Where an agreement of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a maintenance assessment is made, the agreement—
- (a) shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or
- (b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.
§ (3) Any regulations under this section may, in particular, make such provision with respect to—
- (a) any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the maintenance assessment and of the provisions of this Act;
- (b) the recovery of any arrears under the order or agreement which fell due before the coming into force of the maintenance assessment,
§ (4) The Secretary of State may by regulations make provision for—
- (a) notification to be given by the child support officer concerned to the prescribed person in any case where that officer considers that the making of a maintenance assessment has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;
- (b) notification to be given by the prescribed person to the Secretary of State in any case where a court makes an order which it considers has affected, or is likely to affect, a maintenance assessment.
§ (5) Rules may be made under section 144 of the Magistrates' Courts Act 1980 (rules of procedure) requiring any person who, in prescribed circumstances, makes an application to a magistrates' court for a maintenance order to furnish the court with a statement in a prescribed form, and signed by a child support officer, as to whether or not, at the time when the statement is made, there is a maintenance assessment in force with respect to that person or the child concerned.
§
In this subsection—
maintenance order" means an order of a prescribed kind for the making or securing of periodical payments to or for the benefit of a child; and
prescribed" means prescribed by the rules.'—[The Solicitor-General.]
§ Brought up, and read the First time.
§ The Solicitor-GeneralI beg to move, That the clause be read a Second time.
§ Mr. Deputy Speaker (Sir Paul Dean)With this it will be convenient also to consider Government amendments Nos. 21 and 63.
§ The Solicitor-GeneralThe new clause and the amendments allow us to provide for a smooth transition in matters relating to the amount of maintenance, its collection and enforcement where, in an individual case, an assessment by the agency supersedes a court order or vice versa.
§ Mr. AllenI should like to put on record the Opposition's concern about several of the provisions, although that concern is more transparent in relation to the new clause. We are concerned about the many regulations that are attached to the Bill. Both in Committee and in the other place, reference was made to the fact that the Bill contains literally hundreds of regulatory powers. Perhaps the Solicitor-General will comment in a slightly broader sense rather than focusing solely on the new clause on the concept of extending legislative powers away from the Chamber to elsewhere, such as to Committees.
§ The Solicitor-GeneralI am happy to comment on that in general terms and do so almost entirely without embarrassment. In the increasing complexity of modern life, it would be foolish for the House to seek to scrutinise every detail of our secondary legislation in the detail with which we properly scrutinise primary legislation. Even if the Government were to show the self-restraint that all Governments purport to show until they come into office, we all know that the legislative burden on the House is heavy. Consequently, when one is dealing with complex and sophisticated matters, it is much more sensible for the House to deal with the principle of the Bill and then, as often happens—it is a wise thing to do if we are to get the provisions right—to put the details of the regulations out for consultation, with plenty of notice, to the interested agencies and specialist bodies that watch the provisions closely, and then to bring them before the House for approval. I have no difficulty in commending that mode, especially in an area such as this, where it is important that we get the detail right, as well as the principle.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.