HL Deb 22 July 1991 vol 531 cc579-80

106 Clause 48. page 32, line 40, at end insert: '(3A) An order under subsection (2) may make such supplemental, incidental or transitional provision as appears to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including such adaptations or modifications of—

  1. (a) the provisions so brought into force;
  2. (b) any provisions of this Act then in force; or
  3. (c) any provision of any other enactment, as appear to him to be necessary or expedient.

(3B) Different provision may be made by virtue of subsection (3A) with respect to different periods.

(3C) Any provision made by virtue of subsection (3A) may, in particular, include provision for—

  1. (a) the enforcement of a maintenance assessment (including the collection of sums payable under the assessment) as if the assessment were a court order of a prescribed kind;
    2. 580
  2. (b) the registration of maintenance assessments with the appropriate court in connection with any provision of a kind mentioned in paragraph (a);
  3. (c) the variation, on application made to a court, of the provisions of a maintenance assessment relating to the method of making payments fixed by the assessment or the intervals at which such payments are to be made;
  4. (d) a maintenance assessment, or an order of a prescribed kind relating to one or more children, to be deemed, in prescribed circumstances, to have been validly made for all purposes or for such purposes as may be prescribed.

In paragraph (c) "court" includes a single justice.

(3D) The Lord Chancellor, the Secretary of State or the Lord Advocate may by order make such amendments or repeals in, or such modifications of, such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision made by or under this Act (including any provision made by virtue of subsection (3A)).

(3E) This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 106. This is an amendment which gives power to make orders to deal with the transitional provisions which will be required. The Bill is designed to set up a new scheme for the assessment, collection and enforcement of child maintenance in the great majority of cases. The Bill sets out in some detail the nature of the new scheme, both the way the maintenance will be assessed and the powers and duties of the child support agency on behalf of the Secretary of State in order that this should be done. We have already said that we believe that the child support agency should begin work in April 1993; it will have a potential case load of 2 million customers, representing around 3 million assessments every year. It will not be possible for the agency to take on all its work at once—the take-on will have to be very carefully phased. The purpose of this clause is to give the necessary flexibility in order to make these arrangements, which will be the subject of extensive consultation by regulation.

Moved, That the House do agree with the Commons in their Amendment No. 106.—(The Lord Chancellor.)