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40 Clause 16, page 11, line 21, at end insert:
'( ) The child support officer to whom an application under this section has been referred shall not proceed unless, on the information before him, he considers that it is likely that he will be required by subsection (5) to make a fresh maintenance assessment if he conducts the review applied for.'.
§ 41 Page 11, line 36, leave out subsection (6).
§ 42 Clause 17, page 12, line 7, leave out 'under paragraph 16 of Schedule I'.
§ 43 Page 12, line 11, leave out 'under paragraph 16 of Schedule 1'.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 40 to 43. With them, I wish to take a large number of other amendments: Amendments Nos. 45, 46, 50, 52, 53, 54, 55, 56, 57, 58, 126, 127 and 130.
These amendments are designed to make minor improvements and corrections to the reviews and appeals clauses. They are set out in the notes, but perhaps I may go through the main ones briefly.
Amendment No. 40 seeks to provide that, if a change in circumstances is reported which will not result in a fresh assessment, the child support officer will not have to carry out the whole review procedures. That point was mentioned by the noble Earl, Lord Russell, earlier.
Amendments Nos. 41, 42, 43, 45 and 46 remove provisions about effective dates which are already adequately covered in Schedule 1. Amendment No. 50 corrects a drafting omission and Amendments Nos. 52 and 53 remove inconsistencies. Amendments Nos. 54 and 55 together make minor drafting amendments to Clause 22(3) to ensure the word "by" applies to all four paragraphs, not just to paragraph (a).
Amendments Nos. 56, 57 and 58 correct the wording in Clause 23 to prevent someone who has taken no interest in the appeal process at either the child support appeal tribunal or commissioner stage by-passing that process and applying for leave to appeal directly to the Court of Appeal (or, in Scotland, the Court of Session). Amendments Nos. 126 and 127 are minor drafting amendments which recognise the distinct office of regional chairman of the child support appeal tribunals as opposed to other full-time chairmen and specifically allow for the appointment of regional chairmen by the Lord Chancellor.
Amendment No. 130 provides for a consequential amendment to the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975. I commend to your Lordships Amendments Nos. 40 to 43, which I shall, with the leave of the House take en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 40 to 43.—(The Lord Chancellor.)
§ On Question, Motion agreed to.
§ Baroness EllesMy Lords, would it be in order for me to comment on Amendments Nos. 56 to 58 or shall we have the opportunity to raise them when my noble and learned friend reaches them later? I believe he 528 took them with Amendments Nos. 40 to 43. Amendments Nos. 56 to 58 concern the right to appeal. I am not in a position to apologise to the House because I have not had time to examine carefully the meaning of the three amendments. They relate to depriving somebody of the right of appeal who has not already been a potential appellant in earlier stages. Can my noble and learned friend elaborate on the kind of people who would be prevented from appealing under the new amendments? Perhaps I am out of order. My noble and learned friend may wish to deal with this later.
§ The Lord ChancellorMy Lords, I spoke to these amendments earlier, when it would have been perfectly in order for the noble Baroness to comment. If she agrees, I shall take Amendments Nos. 56 to 58 a little more slowly when we reach them.