Schedule 2: Transfer of functions under subordinate legislation
501.This Schedule lists the functions under subordinate legislation which will transfer to the Commission. The following table sets out what this legislation refers to.
| Number | Title | Explanation of functions transferred |
|---|---|---|
| SI 1992/1812 | The Child Support (Information, Evidence and Disclosure) Regulations 1992 | These regulations confer functions allowing the Secretary of State to request information for child support maintenance purposes. These functions will be transferred to the Commission. |
| SI 1992/1813 | The Child Support (Maintenance Assessment Procedure) Regulations 1992 | The functions being transferred to the Commission are those relating to processing maintenance applications and making revisions and supersessions under the old scheme. |
| These regulations also confer functions in relation to reduced benefit decisions which will remain with the Secretary of State. | ||
| SI 1992/1815 | The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 | The functions conferred by these regulations relate to the determination of income, and the assessment of maintenance under the old scheme, and they will transfer to the Commission. |
| SI 1992/1816 | The Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 | These regulations confer functions allowing the Secretary of State to serve notices, make agreements and adjustments in cases where there have been arrears in payments or overpayments. These functions will transfer to the Commission. |
| SI 1992/1989 | The Child Support (Collection and Enforcement) Regulations 1992 | These regulations confer functions in relation to specification of timing and method of payment of maintenance and deduction from earnings orders. These functions will transfer to the Commission. |
| SI 1992/2643 | The Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations 1992 | These regulations allow the Secretary of State to bring proceedings for enforcement in England Wales and Scotland in relation to other forms of maintenance. The functions conferred will transfer to the Commission. |
| SI 1992/2645 | The Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 | These regulations confer notification functions on the Secretary of State where there is a court order in force, which may be affected by a maintenance calculation. These functions will transfer to the Commission. |
| SI 1993/627 | The Family Proceedings Courts (Child Support Act 1991) Rules 1993 | These rules specify that the Secretary of State is to be the respondent to any appeal under section 20 of the Child Support Act 1991. The Commission will be the respondent following the transfer. |
| SI 1994/227 | The Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994 | These regulations confer functions on the Secretary of State in relation to how transition from the old scheme to the new scheme is handled. These functions will transfer to the Commission. |
| SI 1995/1045 | The Child Support and Income Support (Amendment) Regulations 1995 | These regulations confer functions on the Secretary of State in relation to determining exempt and protected income. The functions will be transferred to the Commission. |
| SI 1996/2907 | The Child Support Departure Direction and Consequential Amendments Regulations 1996 | The functions conferred relate to determining departure decisions and will be transferred to the Commission. The functions conferred in regulation 47 are not transferred as these relate to departure direction applications that have been made prior to 2 December 1996. |
| SI 1999/991 | The Social Security and Child Support (Decisions and Appeals) Regulations 1999 | These regulations confer functions in relation to the making of decisions and appeals both in Child Support and Social Security cases. These functions will be transferred to the Commission insofar as they relate to Child Support. |
| SI 1999/1305 | The Child Support Commissioners (Procedure) Regulations 1999 | Regulation 20 of these regulations requires the Secretary of State to issue notices under section 28ZB of the Child Support Act 1991 (i.e. notices to stop dealing with an appeal or to deal in a particular way) in writing and to contain certain information. This requirement will be transferred to the Commission. |
| SI 1999/1510 | The Social Security Act 1998 (Commencement No.7 and Consequential and Transitional Provisions) Order 1999 | These regulations confer functions on the Secretary of State as a result of the changeover from child support officers. These functions will be transferred to the Commission. |
| SI 2000/3173 | The Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 | These regulations confer functions on the Secretary of State in relation to how variations should be dealt with in certain cases. Those functions will be transferred to the Commission. |
| SI 2000/3177 | The Child Support (Voluntary Payments) Regulations 2000 | These regulations confer functions on the Secretary of State in relation to determining whether a payment is a voluntary payment. These functions will be transferred to the Commission. |
| SI 2000/3186 | The Child Support (Transitional Provisions) Regulations 2000 | These regulations confer functions on the Secretary of State in relation to case conversion. The functions will be transferred to the Commission. |
| SI 2001/155 | The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 | The functions conferred by these regulations relate to the determination of income and the calculation of maintenance under the new scheme and will transfer to the Commission. |
| SI 2001/156 | The Child Support (Variations) Regulations 2000 | These regulations confer functions in relation to the determination of variations applications. These functions will be transferred to the Commission. |
| SI 2001/157 | The Child Support (Maintenance Calculation Procedure) Regulations 2000 | The functions being transferred to the Commission are functions which relate to processing maintenance applications under the new scheme. These regulations also confer functions in relation to reduced benefit decisions. These functions will remain with the Secretary of State. |
