HL Deb 22 July 1991 vol 531 cc593-5

126 Schedule 3, page 41, line 38, leave out 'to act as full-time chairmen'.

127 Page 42, line 1, after 'appoint', insert 'regional and other'.

128 Schedule 4, page 44, line 28, at end insert: 'Northern Ireland 8. In its application to Northern Ireland this Schedule shall have effect as if—

  1. (a) for any reference to a Child Support Commissioner (however expressed) there were substituted a corresponding reference to a Child Support Commissioner for Northern Ireland;
  2. (b) in paragraph 2(1), the word "pensions" were omitted;
  3. (c) for paragraph 3, there were substituted—

"3. A Child Support Commissioner for Northern Ireland, so long as he holds office as such, shall not practise as a barrister or act for any remuneration to himself as arbitrator or referee or be directly or indirectly concerned in any matter as a conveyancer, notary public or solicitor.";

(d) in paragraph 4—

  1. (i) for paragraph (a) of sub-paragraph (2) there were substituted—
    • "(a) from among persons who are barristers or solicitors of not less than 10 years' standing; and";
  2. (ii) for sub-paragraph (3) there were substituted—

"(3) Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them."; and

(e) paragraphs 5 to 7 were omitted.'.

129 Schedule 5, page 44, line 45, at end insert:

'The Northern Ireland Constitution Act 1973 (c. 36)

1A. In paragraph 9 of Schedule 2 to the Northern Ireland Constitution Act 1973 (certain judicial appointments to be an excepted matter), after the words "for Northern Ireland", where they first occur, there shall be inserted "the Chief and other Child Support Commissioners for Northern Ireland".'.

130 Page 44, line 45, at end insert:

'The House of Commons Disqualification Act 1975 (c.24)

1B.—(1) The House of Commons Disqualification Act 1975 shall be amended as follows.

(2) In Part I, (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991).

(3) In Part III (other disqualifying offices), the following entry shall be inserted at the appropriate place— Regional or other full-time chairman of a child support appeal tribunal established under section 20 of the Child Support Act 1991".

The Northern Ireland Assembly Disqualification Act 1975 (c.25)

1C.—(1) In Part I of the Northern Ireland Assembly Disqualification Act 1975 (disqualifying judicial offices), the following entries shall be inserted at the appropriate places— Chief or other Child Support Commissioner (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991). Chief or other Child Support Commissioner for Northern Ireland (excluding a person appointed under paragraph 4 of Schedule 4 to the Child Support Act 1991).".

131Page 45, line 8, at end insert:

'Bankruptcy (Scotland) Act 1985 (c.66)

2A. (1) The Bankruptcy (Scotland) Act 1985 shall be amended as follows.

(2) In section 32 (vesting of estate and dealings of debtor after sequestration)—

  1. (a) in subsection (3)—
    1. (i) after paragraph (b) there shall be inserted—

"(c) any obligation of his to pay child support maintenance under the Child Support Act 1991,";

(ii) after "relevant obligations" where second occurring there shall be inserted "referred to in paragraphs (a) and (b) above";

(b) in subsection (5) after "Diligence" there shall be inserted "(which, for the purposes of this section, includes the making of a deduction from earnings order under the Child Support Act 1991)".

(3) In section 37 (effect of sequestration on diligence), in subsection (5A) for "or a conjoined arrestment order" there is substituted ", a conjoined arrestment order or a deduction from earnings order under the Child Support Act 1991".

(4) In section 55 (effect of discharge under section 54), in subsection (2) (d)—

  1. (a) after "being" there shall be inserted "(i)";
  2. (b) at the end there shall be inserted—""or

(ii) child support maintenance within the meaning of the Child Support Act 1991 which was unpaid in respect of any period before the date of sequestration of—

(aa) any person by whom it was due to be paid;

"or

(bb) any employer by whom it was, or was due to be, deducted under section 29(5) of that Act.".'.

132 Page 45, line 8, at end insert: 'The Insolvency Act 1986 (c.45) 2B. In section 281(5) (b) of the Insolvency Act 1986 (effect of discharge of bankrupt), after "family proceedings" there shall be inserted "or under a maintenance assessment made under the Child Support Act 1991".'.

133 Page 45, line 20, at end insert: '(4A) In section 72 (effect of sequestration on diligence against earnings)—

  1. (a) in subsection (2) after "order" there shall be inserted "or deduction from earnings order under the Child Support Act 1991";
  2. (b) after subsection (3) there shall be inserted—

"(3A) Any sum deducted by the employer under such a deduction from earnings order made before the date of sequestration shall be paid to the Secretary of State, notwithstanding that the date of payment will be after the date of sequestration.";

(c) after subsection (4) there shall be inserted—

"(4A) A deduction from earnings order under the said Act shall not be competent after the date of sequestration to secure the payment of any amount due by the debtor under a maintenance assessment within the meaning of that Act in respect of which a claim could be made in the sequestration.".'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 126 to 133 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 126 to 133.—(The Lord Chancellor).

On Question, Motion agreed to.