The Child Support, Pensions and Social Security Act 2000 (Commencement No. 5) Order 2000 No. 3354 (C. 112)


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United Kingdom Statutory Instruments


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Statutory Instruments

2000 No. 3354 (C.112)

FAMILY LAW

CHILD SUPPORT

The Child Support, Pensions and Social Security Act 2000 (Commencement No. 5) Order 2000

Made

18th December 2000

The Secretary of State for Social Security, in exercise of the powers conferred upon him by section 86(2) of the Child Support, Pensions and Social Security Act 2000(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation

1.-(1) This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 5) Order 2000.

(2) In this Order-

(a)"the Act" means the Child Support, Pensions and Social Security Act 2000 and, except where otherwise stated, references to sections and Schedules are references to sections of and Schedules to the Act; and

(b)"the 1991 Act" means the Child Support Act 1991(2).

Appointed days

2.-(1) 31st January 2001 is the day appointed for the coming into force of the following provisions:-

(a)sections 13,14, 15 and 22(1) to (3); and

(b)paragraph 11(2) of Schedule 3, and section 26 in so far as it relates to that paragraph, in so far as that paragraph affects section 3(2) of the 1991 Act (change of terminology from "absent parent" to "non-resident parent") for the purposes of sections 15(4A) and 44(2A) of the 1991 Act, inserted respectively by sections 14 and 22(3), and section 44(1) of the 1991 Act amended by section 22(2).

(2) The day appointed for the coming into force of section 11 is 15th February 2001.

(3) The day appointed for the coming into force of sections 16 and 17 is 2nd April 2001.

Signed by authority of the Secretary of State for Social Security.

P. Hollis

Parliamentary Under-Secretary of State,

Department of Social Security

18th December 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Child Support, Pensions and Social Security Act 2000 which brings into force the Child Support Act 1991 ("the 1991 Act") as follows.

Article 2(1) commences provisions relating to changes to the child support system in sections 13, 14, 15 and 22(1) to (3) on 31st January 2001. Section 13 inserts a new section 14A into the 1991 Act which makes it a criminal offence to fail to provide information for child support purposes or to provide false information. Section 14 amends section 15 of the 1991 Act with regard to the powers of inspectors.

Section 15 adds to section 26(2) of the 1991 Act further cases where parentage may be presumed, including where the alleged parent refuses to take a scientific test or such a test shows there is no reasonable doubt he is the parent. Section 22(1) to (3) amends section 44 of the 1991 Act to extend the jurisdiction of that Act to non-resident parents who are not habitually resident in the United Kingdom but are in certain types of employment.

Article 2(2) commences section 11 on 15th February 2001. Section 11 inserts a new section 23A into the 1991 Act ("the 1991 Act") to enable the appeal tribunal to redetermine cases in certain circumstances.

Article 2(3) commences sections 16 and 17 on 2nd April 2001. These sections insert new sections 39A, 40A and 40B into the 1991 Act and amend section 40 of that Act. The provisions give power to magistrates courts in England and Wales, and the sheriff in Scotland, where there has been wilful refusal or culpable neglect to pay child support maintenance, to commit the liable person to prison, or make an order for him to be disqualified from holding or obtaining a driving licence, as they consider appropriate.

The impact on business of the commencement provisions in the Child Support, Pensions and Social Security Act 2000 is detailed in the Regulatory Impact Assessment (as revised) relating to the Child Support, Pensions and Social Security Bill (which was introduced in the House of Commons on 1st December 1999). A copy of that Assessment has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions have been brought into force by the Child Support, Pensions and Social Security Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2666 (C. 74)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 2) Order 2000 (S.I. 2000/2950 (C. 87)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 3) Order 2000 (S.I. 2000/2994 (C. 94)) and the Child Support, Pensions and Social Security Act 2000 (Commencement No. 4) Order 2000 (S.I. 2000/3166 (C. 101)).

ProvisionDate of CommencementS.I. No.
(3)*Section 1(3)10th November 20002000/2994
*Sections 3 to 510th November 20002000/2994
*Section 610th November 20002000/2994
*Section 710th November 20002000/2994
1st January 20012000/2994
*Section 9 and 1010th November 20002000/2994
*Sections 16 to 2110th November 20002000/2994
*Section 22(3)10th November 20002000/2994
*Section 2510th November 20002000/2994
*Section 2610th November 20002000/2994
1st January 20012000/2994
Section 2710th November 20002000/2994
1st January 20012000/2994
Section 2910th November 20002000/2994
*Sections 30 to 358th January 20012000/2950
Section 361st November 20002000/2950
Section 371st December 20002000/3166
Section 408th January 20012000/3166
Section 4129th September 20002000/2666
Section 421st December 20002000/3166
1st January 20012000/3166
Section 511st December 20002000/3166
Section 521st January 20012000/3166
Section 531st December 20002000/3166
*Section 561st November 20002000/2950
Sections 57 & 5815th November 20002000/2994
9th April 20012000/2994
Section 591st January 20012000/2994
Section 609th April 20012000/2994
Section 611st January 20012000/2994
*Sections 62 to 651st December 20002000/2950
*Section 671st November 20002000/2950
*Section 681st November 20002000/2950
*Section 691st November 20002000/2950
*Section 711st November 20002000/2950
Section 729th October 20002000/2666
Section 731st November 20002000/2950
1st December 20002000/2950
*Schedule 110th November 20002000/2994
*Schedule 210th November 20002000/2994
Schedule 3-
paragraph 11(17)1st January 20012000/2994
*paragraph 11(18)10th November 20002000/2994
*Schedule 48th January 20012000/2950
Schedule 5-
Part I-
Paragraphs 1 to 3, 7, 8(2), 9 and 12(1)1st January 20012000/3166
paragraph 101st November 20002000/2950
*Part II
12th February 20012000/3166
1st June 20012000/3166
Schedule 6-
paragraph 11st November 20002000/2950
paragraph 71st November 20002000/2950
paragraph 81st November 20002000/2950
Schedule 7-
*paragraphs 1, 3, 4, 6, 8 to 10, 12 to 16, 19, 20, 21 and 231st November 20002000/2950
Schedule 9-
Part III, sections (3) and (4) to (9)1st January 20012000/3166
Part IV9th April 20012000/2994
(3)

In this note an asterisk indicates that the provisions in the entry to which it relates has or have been commenced in part only.


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URL: http://www.bailii.org/uk/legis/num_reg/2000/uksi_20003354_en.html