Child Maintenance and Other Payments Act 2008

13 Transfer of child support functions

(1) Any function under the Child Support Act 1991 which—

(a) is a function of the Secretary of State, and

(b) is not an excepted function,

is by virtue of this subsection transferred to the Commission.

(2) The following functions of the Secretary of State under the Child Support Act 1991 are excepted functions for the purposes of subsection (1)—

(a) functions under sections 23A, 24 or 25 (appeals),

(b) functions under section 46 (reduced benefit decisions) or any other provision of the Act, so far as relating to such decisions,

(c) the function under section 50(7)(c) (authorisation of a person as a “responsible person” for the purposes of section 50),

(d) functions under section 58 (commencement power and power to make consequential amendments),

(e) the function under paragraph 2A of Schedule 4 (payment of expenses), and

(f) power to make regulations under any other provision of the Act.

(3) The functions of the Secretary of State under the provisions of subordinate legislation specified in Schedule 2, except so far as relating to reduced benefit decisions under section 46 of the Child Support Act 1991, are by virtue of this subsection transferred to the Commission.

(4) Schedule 3 (which makes consequential amendments and transitional provision and savings) has effect.