Office of Public Sector Information
PART 2 continued
(2) In paragraph (1)(a), “ancillary relief” means any of the following—
(a) an order under Article 39(2)(b) or (c) of the 1978 Order or paragraph 67(3) or (4) of Schedule 15 to the 2004 Act (avoidance of disposition orders);
(b) any of the orders mentioned in Article 23(1) of the 1978 Order (except an order under Article 29(6) of that Order) or any of the orders mentioned in paragraph 2(1) of Schedule 15 to the 2004 Act (financial provision orders) made under Part 1 of that Schedule;
(c) an order under Article 24 of the 1978 Order (orders for maintenance pending suit);
(d) an order under paragraph 33 of Schedule 15 to the 2004 Act (orders for maintenance pending outcome of proceedings);
(e) any of the orders mentioned in Article 23(2) of the 1978 Order or any of the orders mentioned in paragraph 7(1) of Schedule 15 to the 2004 Act (property adjustment orders);
(f) an order under Article 33 of the 1978 Order or an order under Part 10 of Schedule 15 to the 2004 Act (variation orders);
(g) an order under Article 26B of the 1978 Order or an order under paragraph 10 of Schedule 15 to the 2004 Act (pension sharing orders).
(3) The Department may by order amend this Article so as to provide that “family proceedings” in Article 45B includes proceedings of a description specified in the order, other than proceedings commenced before the day on which the order comes into operation.
(4) An order under paragraph (3) may be made only with the consent of the Lord Chancellor.
(5) In this Article—
“the 1978 Order” means the Matrimonial Causes (Northern Ireland) Order 1978;
“the 2004 Act” means the Civil Partnership Act 2004.”.
31. After Article 45C of the Child Support Order (inserted by section 30) insert—
45D.—(1) Subject to paragraph (3), the Department may supply qualifying information to a credit reference agency for use for the purpose of furnishing information relevant to the financial standing of individuals.
(2) The reference in paragraph (1) to qualifying information is to information which—
(a) is held by the Department for the purposes of this Order,
(b) relates to a person who is liable to pay child support maintenance, and
(c) is of a prescribed description.
(3) Information may not be supplied under paragraph (1) without the consent of the person to whom it relates, unless a liability order against that person is in force.
(4) No provision may be made under Article 16(3) authorising the supply of information by the Department to credit reference agencies.
(5) In this Article, “credit reference agency” has the same meaning as in the Consumer Credit Act 1974.”.
32. After Article 47 of the Child Support Order insert—
47A.—(1) Any regulations made under this Order may be made so as to have effect for a specified period not exceeding 24 months.
(2) Regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as a “pilot scheme”.
(3) A pilot scheme may provide that its provisions are to apply only in relation to—
(a) one or more specified areas or localities;
(b) one or more specified classes of person;
(c) persons selected by reference to prescribed criteria, or on a sampling basis.
(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
(5) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.”.
33. Any outstanding liability in respect of the following is extinguished—
(a) interest under the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992 (SR 1992/342);
(b) fees under the Child Support Fees Regulations (Northern Ireland) 1993 (SR 1993/73)
34. Schedule 3 (which makes provision about the use of information for purposes of public administration) has effect.
35.—(1) In section 100 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (failure to maintain), for subsection (3) substitute—
“(3) Subject to subsection (4), for the purposes of this Part, a person shall be liable to maintain another person if that other person is—
(a) his or her spouse or civil partner, or
(b) a person whom he or she would be liable to maintain if section 74(6)(c) and (8) had effect for the purposes of this Part.”.
(2) In that section, in subsection (4), for the words from “a person” to the end, substitute “subsection (3)(b) shall not apply”.
36.—(1) Power to make regulations under this Act includes power to make incidental, supplementary, consequential or transitional provision or savings.
(2) Power to make regulations under this Act may be exercised so as to provide for a person to exercise a discretion in dealing with any matter.
(3) Subject to the following provisions of this section, any regulations made under this Act shall be subject to negative resolution.
(4) Regulations under section 3(1) or (4) or the first regulations under paragraphs 2(1), 3(1), 5(1) or (2), 6(1) or (3) or 7 of Schedule 2—
(a) must be laid before the Assembly after being made; and
(b) take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.
(5) This subsection applies to any regulations under this Act which—
(a) but for subsection (6), would be subject to negative resolution, and
(b) are contained in a statutory rule which includes any regulations subject to the confirmatory procedure.
(6) Any regulations to which subsection (5) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.
(7) In this section “the confirmatory procedure” means the procedure described in subsection (4).
37.—(1) In this Act—
“the Child Support Order” means the Child Support (Northern Ireland) Order 1991 (NI 23);
“the Department” means the Department for Social Development;
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(2) Where—
(a) this Act amends or repeals a statutory provision contained in the Child Support Order which has been amended by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), and
(b) the amendment by the 2000 Act has been brought into operation for limited purposes only,
the reference to the statutory provision shall, unless the contrary intention appears, be read as a reference to the statutory provision as it has effect apart from the 2000 Act, as well as to the statutory provision as amended by that Act.
38.—(1) Schedule 4 (which makes minor and consequential amendments) has effect.
(2) The Department may by regulations make provision consequential on this Act amending, repealing or revoking any statutory provision.
39. The statutory provisions specified in Schedule 5 are repealed to the extent specified.
40.—(1) The Department may, in relation to Article 9 or 43 of the Child Support Order, by regulations make provision for the Article to have effect with such modifications as the Department considers expedient in anticipation of the coming into operation of section 7.
(2) Articles 22(5A), 32A, 32E, 32F, 32J, 32L, 32M, 38C to 38E, 40A, 45A, 45B and 45D of the Child Support Order shall have effect as if “child support maintenance” included periodical payments required to be paid in accordance with a maintenance assessment under the Order.
(3) Articles 22(7A), 32A, 32C, 32E, 32F, 32J, 32L, 32M, 36B, 36G, 37, 37A and 45B of the Child Support Order shall have effect as if “maintenance calculation” included a maintenance assessment under the Order.
(4) Articles 35, 36B, 36G, 36J, 37, 37A and 45D of the Child Support Order shall have effect as if orders made under Article 33 of that Order had been made under Article 32M of that Order.
(5) An order may be made under Article 32M of the Child Support Order in respect of an amount even though the time within which an application could have been instituted under Article 33 of that Order for an order in respect of that amount has expired
(6) The Department may by regulations make in connection with the coming into operation of any provision of this Act such transitional provision or savings as the Department considers necessary or expedient.
41.—(1) This Act (except sections 36, 37(1), 40(6), this section and section 42) shall come into operation on such day or days as the Department may by order appoint.
(2) An order under subsection (1) may include such transitional provision or savings as the Department considers necessary or expedient in connection with bringing any provision of this Act into operation.
(3) An order under subsection (1) appointing the day on which section 30 is to come into operation may be made only with the consent of the Lord Chancellor.
42. This Act may be cited as the Child Maintenance Act (Northern Ireland) 2008.
Child Maintenance Act (Northern Ireland) 2008