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Child Maintenance and Other Payments Act 2008

Schedule 1:  The Commission

462.This Schedule makes more detailed provision about the Commission including its structure and how appointments will be made.

463.The table below summarises the appointment procedures for the Commission and its staff as set out in paragraphs 2 to 10 of this Schedule.

Initial appointment bySubsequent appointment byTerms and conditions (including remuneration) set by
ChairSecretary of StateSecretary of StateSecretary of State
Chief ExecutiveSecretary of StateCommission with approval of Secretary of StateInitially by Secretary of State, and subsequently by non-executive functions committee with approval of Secretary of State

Non executive directors

(other than Chair)

Chair with approval of Secretary of StateChair with approval of Secretary of StateChair with approval of Secretary of State
Executive directors (other than Chief Executive and other staff)Commission with approval of Secretary of StateCommission with approval of Secretary of StateNon-executive functions committee
Other staffCommissionCommissionCommission

464.Paragraph 1sets out that the Commission shall consist of:

  • a person appointed to chair the Commission;

  • a chief executive of the Commission who will be known as the Commissioner for Child Maintenance;

  • one or more executive directors, appointed from the staff of the Commission; and

  • two or more non-executive directors, who must not be staff of the Commission.

465.Paragraphs 3(3)and (4) require that there are always more non-executive directors than executive directors.

466.Paragraphs 4 and 5 make provision for the tenure of members of the Commission.

467.Paragraph 5(2) states that an executive director will no longer be a member of the Commission if they cease to be a member of its staff.

468.Paragraph 5(3) states that the Chair or any non-executive member will cease to be a member of the Commission if they become a member of its staff.

469.Paragraph 6 stipulates that remuneration paid by the Commission to the Chair may be determined by the Secretary of State, as may any pension, allowances or gratuities paid to or in respect of the Chair.

470.Sub-paragraph (3) allows the Commission to pay compensation to the Chair upon early expiry of the appointment if the Secretary of State considers it appropriate.

471.Paragraph 7 stipulates that remuneration paid by the Commission to a non-executive director, may be determined by the Secretary of State, as may any pension, allowances or gratuities paid to or in respect of a non-executive director.

472.Sub-paragraph (3) allows the Commission to pay compensation to a non-executive director upon early termination of the appointment if the Chair considers it appropriate. The amount of any such payment will be determined by the Chair, with the approval of the Secretary of State.

473.Paragraph 8 requires the Chair to appoint one of the non-executive directors as a deputy chair.

474.Paragraph 9 provides that the Commission will have a chief executive who will be a civil servant. The Secretary of State will make the initial appointment of the Chief Executive, and determine the terms and conditions with approval of the Minister for the Civil Service. Subsequent appointments will be made by the Commission with approval of the Secretary of State, on terms and conditions determined by the Commission with the approval of the Secretary of State and the Minister for the Civil Service.

475.Paragraph 10 enables the Commission to appoint staff as it considers appropriate and determine their terms and conditions including remuneration with the approval of the Minister for the Civil Service.

476.Paragraph 11 enables the Commission to establish committees and sub-committees (in addition to the non-executive functions committee established under paragraph 20). Committees and sub-committees established under this paragraph may include or be entirely made up of people who are not members of the Commission or the Committee by which it is established.

477.Paragraph 12 enables the Commission to determine terms and conditions for committee members who are not Commission members or staff. This function will be exercised on behalf of the Commission by the non-executive functions committee.

478.Paragraph 13 enables the Commission to set its own procedure and procedure of its committees.

479.Paragraph 14 enables the Commission to authorise any member of the Commission, its staff or a committee member, to carry out its functions (apart from the non-executive functions) on its behalf.

480.Paragraph 15 enables the Chair to delegate their functions of determining the terms and conditions, including remuneration, of non-executive directors, to any executive member of the Commission, any member of staff of the Commission, or subject to sub-paragraph (2), any of its committees.

481.Sub-paragraph (2) prevents these functions from being delegated to any committee that has a non-executive director as a member, or if a committee is carrying out one of these functions on behalf of the Chair, the authority to do so must cease if a non-executive director becomes a member of the committee.

482.Paragraph 16 makes provisions relating to how the common seal is authenticated and provides that any document which appears to be executed under the Commission’s seal or signed on its behalf is to be presumed to be sealed or signed for the Commission unless it is proved otherwise. This provision does not apply in relation to Scotland.

483.Paragraph 17 makes provision for the Secretary of State to fund the Commission out of money provided by Parliament through a grant in aid. Sub-paragraph (2)allows the Secretary of State to make such funding subject to conditions

484.Paragraph 18 requires the Commission to keep proper accounts and produce an annual statement of accounts. A copy of each statement of accounts must be sent to the Secretary of State and the Comptroller and Auditor General. The Comptroller and Auditor General will report on, and certify, the statement which he will then return to the Secretary of State who will then lay the report and statement before Parliament.

485.Paragraph 19 requires the Commission to keep its internal financial controls under review. This function is to be carried out by the non-executive functions committee.

486.Paragraph 20 requires the Commission to establish a non-executive functions committee, and sets out the structure of, and functions that are to be carried out by, such a committee.

487.Sub-paragraph (1) of paragraph 20 lists the functions to be carried out by the non-executive functions committee. These are:

  • to determine the terms and conditions of the chief executive, with approval of the Secretary of State;

  • to determine the terms and conditions of the Commission’s executive directors;

  • to determine the terms and conditions of committee or sub-committee members who are not members of the Commission or its staff; and

  • to monitor and audit the Commission’s internal financial controls.

488.Sub-paragraphs (2), (3) and (4) stipulate that the non-executive functions committee must consist of at least three members who are non-executive members of the Commission, and that the Chair is prevented from being a chair of the non-executive functions committee.

489.Sub-paragraphs (5)and (6) require the non-executive functions committee to produce a report on its own functions to include within the Commission’s annual report to Secretary of State. The report should cover the same period as the Commission’s report.

490.Sub-paragraphs (7) to (10) provide for the non-executive functions committee to be able to set up sub-committees to carry out its monitoring and audit and report functions. Sub-committees may include people who are not members of the Commission but may not include executive members or staff of the Commission.

491.Paragraph 21 allows the Commission to do anything (other than borrow money) which is conducive or incidental to the carrying out of its functions. This would for example, enable the Commission to enter into contracts for supply of goods and services.

492.Paragraph 22 sets out that the Commission’s functions shall be exercised on behalf of the Crown. This effectively makes the Commission a Crown body. For the purposes of any civil proceedings arising out of those functions, sub-paragraph (2) makes provision for the Crown Proceedings Act 1947 and the Crown Suits (Scotland) Act 1857 to apply to the Commission. These Acts set out jurisdiction and procedure for legal proceedings involving the Crown, and the 1947 Act provides that the Crown may be liable in tort for the acts of its servants and agents.

493.Paragraph 23 enables the Commission to carry out its functions even if there is not a full board in place or there has been a defect in an appointment.

494..Paragraph 24 amends the Public Records Act 1958 to include the Commission so that records held by the Commission will fall within the definition of public records.

495.Paragraph 25 amends the Parliamentary Commissioner Act 1967, to include the Commission as a department or authority subject to investigation.

496.Paragraph 26 provides that the Commission will be required to fund the increased cost of providing pensions under section 1 of the Superannuation Act 1972 to its current or former staff.

497.Paragraph 27 amends the House of Commons Disqualification Act 1975, disqualify members of the Commission from being members of the House of Commons.

498.Paragraph 28 amends the Northern Ireland Assembly Disqualification Act 1975, to disqualify members of the Commission from being members of the Northern Ireland Assembly.

499.Paragraph 29 ensures that the Commission is subject to the Freedom of Information Act 2000.

500.Paragraphs 30 to 32 set out various definitions for the purposes of the Commission structure. Specifically that:

  • executive members of the Commission are the Chief Executive and the executive directors;

  • non-executive members are members of the Commission who are not executive members;

  • references to staff of the Commission should be read as references to the Commissioner for Child Maintenance and other employees of the Commission

  • committees of the Commission are:

    • the non-executive functions committee and any of its sub-committees; and

    • any other committee or sub-committee set up by the Commission.

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