Child Poverty Act 2010

[F1 PART A1 U.K. LIFE CHANCES

Textual Amendments

F1 Pt. A1 inserted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 5, 36(2)(d)

Children: reporting obligations U.K.

A1A Workless households and educational attainment U.K.

(1) The Secretary of State must publish and lay before Parliament a report containing data on—

(a) children living in workless households in England;

(b) children living in long-term workless households in England;

(c) the educational attainment of children in England at the end of Key Stage 4;

(d) the educational attainment of disadvantaged children in England at the end of Key Stage 4.

(2) The report must set out how the Secretary of State has interpreted the following terms for the purposes of the report—

(a) child;

(b) household;

(c) worklessness;

(d) long-term worklessness;

(e) educational attainment;

(f) disadvantage.

(3) The data contained in the report, and the provision about how the terms used in it are to be interpreted, must, so far as practicable, be derived from any relevant official statistics.

(4) The first report must be published before the end of the financial year ending with 31 March 2017.

(5) Later reports must be published before the end of each subsequent financial year.

(6) In this section—

• “Key Stage 4” means the fourth key stage, within the meaning of Part 6 of the Education Act 2002;

• “official statistics” has the meaning given by section 6(1) of the Statistics and Registration Service Act 2007.]

[F2 Social Mobility Commission U.K.

Textual Amendments

F2 Ss. A1B, A1C and cross-heading inserted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 6(1), 36(2)(d)

A1B Social Mobility Commission U.K.

(1) The body established by section 8 of this Act continues in existence.

(2) On and after the commencement date the body is to be called the Social Mobility Commission (in this Act referred to as “ the Commission ”).

(3) “The commencement date” is the date on which section 6 of the Welfare Reform and Work Act 2016 comes into force.

(4) The Commission’s functions are those conferred on it by or under this Act.

(5) Schedule 1 contains further provision about the Commission .

A1C Promotion of social mobility, advice and reports U.K.

(1) The Commission must promote social mobility in England.

(2) The Commission must on request give advice to a Minister of the Crown about how to improve social mobility in England.

(3) Advice given under subsection (2) must be published.

(4) The Commission must publish a report setting out its views on the progress made towards improving social mobility in the United Kingdom.

(5) The report must also describe, in the case of a report made after the appointed day for Northern Ireland, the measures taken by the Northern Ireland departments in accordance with a Northern Ireland strategy.

(6) The report may be published as one or more documents as a Minister of the Crown may direct.

(7) The first report must be published before the end of the financial year ending with 31 March 2017.

(8) Later reports must be published before the end of each subsequent financial year.

(9) A Minister of the Crown must lay a report under this section before Parliament.

(10) A Minister of the Crown may direct the Commission to carry out any other activity relating to improving social mobility in England or Northern Ireland. ]

Part 1 U.K. [F3 Strategies: Northern Ireland]

Textual Amendments

F3 Pt. 1 heading substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(7), 36(2)(d)

Targets relating to child poverty U.K.

F4 1 The 2010 target U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 2 Duty of Secretary of State to ensure that targets in sections 3 to 6 are met U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 3 The relative low income target U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 4 The combined low income and material deprivation target U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 5 The absolute low income target U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 6 The persistent poverty target U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 7 Interpretation of terms used in relation to targets U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

Social Mobility and Child Poverty Commission U.K.

F4 8 Social Mobility and Child Poverty Commission U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 8A Advice U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 8B Annual reports U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 8C Other functions U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

Strategies: duties of Secretary of State U.K.

F4 9 UK strategies U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F4 10 Consultation U.K.

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

Strategies: duties of F5 ... relevant Northern Ireland department U.K.

Textual Amendments

F5 Words in s. 11 cross-heading omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(2), 36(2)(d)

F4 11 Scottish strategies S

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Textual Amendments

F4 Ss. 1-11 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

12 Northern Ireland strategies N.I.

(1) The relevant Northern Ireland department must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish and lay before the Northern Ireland Assembly the first Northern Ireland strategy.

(2) A “Northern Ireland strategy” is a strategy under this section setting out the measures that the Northern Ireland departments propose to take—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the purpose of ensuring as far as possible that children in Northern Ireland do not experience socio-economic disadvantage.

(3) Before the end of the period to which a Northern Ireland strategy relates, the relevant Northern Ireland department must review the strategy and publish and lay before the Northern Ireland Assembly a revised Northern Ireland strategy, but this subsection does not apply [F7 after 31 March 2020].

(4) A Northern Ireland strategy must—

(a) where it relates to a period ending [F8 before 1 April 2021]—

F9 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) describe the F10 ... progress that the Northern Ireland departments intend to make by the end of the period to which the strategy relates in achieving the purpose mentioned in subsection (2)(b), and

(b) describe the progress that the Northern Ireland departments intend to make [F11 by 31 March 2021] in achieving the purpose mentioned in subsection (2)(b), F12 ....

(5) A Northern Ireland strategy other than the first must also—

(a) describe the measures taken by the Northern Ireland departments in accordance with the previous Northern Ireland strategy,

F13 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) describe [F14 the] effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).

(6) A Northern Ireland strategy may not include proposals that relate to excepted or reserved matters, within the meaning of the Northern Ireland Act 1998.

(7) The relevant Northern Ireland department must, on or before each report date relating to a Northern Ireland strategy, lay before the Northern Ireland Assembly a report which—

(a) describes the measures taken by the Northern Ireland departments in accordance with the Northern Ireland strategy,

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) describes [F16 the] effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).

(8) The report dates relating to a Northern Ireland strategy are each anniversary of the day on which it was laid before the Northern Ireland Assembly, other than an anniversary which falls—

(a) on or after the date on which a subsequent Northern Ireland strategy is so laid, or

(b) [F17 after 31 March 2021].

(9) References in this section to the period to which a Northern Ireland strategy relates are references to the period beginning with the date on which the Northern Ireland strategy is laid before the Northern Ireland Assembly and—

(a) except in the case of a Northern Ireland strategy laid before the Assembly less than 3 years [F18 before 1 April 2020], ending 3 years later, and

(b) in that excepted case, [F19 ending with 31 March 2021].

Textual Amendments

F6 S. 12(2)(a) repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(a), 36(2)(d)

F7 Words in s. 12(3) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(b), 36(2)(d)

F8 Words in s. 12(4)(a) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(c), 36(2)(d)

F9 S. 12(4)(a)(i) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(d), 36(2)(d)

F10 Word in s. 12(4)(a)(ii) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(e), 36(2)(d)

F11 Words in s. 12(4)(b) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(f), 36(2)(d)

F12 Words in s. 12(4)(b) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(g), 36(2)(d)

F13 S. 12(5)(b) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(h), 36(2)(d)

F14 Word in s. 12(5)(c) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(i), 36(2)(d)

F15 S. 12(7)(b) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(j), 36(2)(d)

F16 Word in s. 12(7)(c) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(k), 36(2)(d)

F17 Words in s. 12(8)(b) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(l), 36(2)(d)

F18 Words in s. 12(9)(a) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(m), 36(2)(d)

F19 Words in s. 12(9)(b) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(3)(n), 36(2)(d)

13 [F20 Consultation: F21 ... Northern Ireland ] U.K.

F22 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In preparing F23 ... a Northern Ireland strategy, the [F24 relevant Northern Ireland department]—

F25 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) must consult the Secretary of State,

(c) must consult such children, and organisations working with or representing children, as the [F24 relevant Northern Ireland department] thinks fit,

(d) must consult such parents, and organisations working with or representing parents, as the [F24 relevant Northern Ireland department] thinks fit, and

(e) may consult such other persons as the [F24 relevant Northern Ireland department] thinks fit.

F26 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 S. 13 heading substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5) , s. 150(2)(j) , Sch. 13 para. 7(a)

F21 Words in s. 13 heading omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(e), 36(2)(d)

F22 S. 13(1)(2) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5) , s. 150(2)(j) , Sch. 13 para. 7(b)

F23 Words in s. 13(3) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(a), 36(2)(d)

F24 Words in s. 13(3) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(b), 36(2)(d)

F25 S. 13(3)(a) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(c), 36(2)(d)

F26 S. 13(4) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(4)(d), 36(2)(d)

Reports by Secretary of State U.K.

F28 14 [F27 Statement] by Secretary of State U.K.

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Textual Amendments

F27 Word in s. 14 substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5) , s. 150(2)(j) , Sch. 13 para. 8(1)

F28 S. 14 repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5) , s. 150(2)(j) , Sch. 13 para. 8(2)

F29 15 Statement required in relation to target year U.K.

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Textual Amendments

F29 S. 15 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

Economic and fiscal circumstances U.K.

16 Economic and fiscal circumstances U.K.

F30 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31 (3) In preparing a Northern Ireland strategy, the relevant Northern Ireland department must have regard to—

(a) the resources that are or may be available to the Northern Ireland departments, and

(b) the effect of the implementation of the strategy on those resources.]

Textual Amendments

F30 S. 16(1)(2) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(5)(a), 36(2)(d)

F31 S. 16(3) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(5)(b), 36(2)(d)

Continuing effect of targets after target year U.K.

F32 17 Continuing effect of targets after target year U.K.

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Textual Amendments

F32 S. 17 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

Supplementary U.K.

18 Interpretation of Part 1 U.K.

[F33 (1) In this Part—

• “child” means—

  (a)

  a person under the age of 16, or

  (b)

  a person who is a qualifying young person for the purposes of Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (child benefit);

• “parent” means—

  (a)

  any individual who has parental responsibility for a child, or

  (b)

  any other individual with whom a child resides and who has care of the child.]

[F34 (1A) In paragraph (a) of the definition of “parent” in subsection (1), the reference to “parental responsibility” is to be read in accordance with the Children (Northern Ireland) Order 1995.]

F35 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 S. 18(1) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(6)(a), 36(2)(d)

F34 S. 18(1A) inserted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(6)(b), 36(2)(d)

F35 S. 18(2)(3) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(6)(c), 36(2)(d)

Part 2 E+W Duties of local authorities and other bodies in England

F36 19 Responsible local authorities E+W

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Textual Amendments

F36 Ss. 19-25 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F36 20 Partner authorities E+W

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Textual Amendments

F36 Ss. 19-25 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F36 21 Co-operation to reduce child poverty in local area E+W

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Textual Amendments

F36 Ss. 19-25 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F36 22 Local child poverty needs assessment E+W

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Textual Amendments

F36 Ss. 19-25 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F36 23 Joint child poverty strategy for local area E+W

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Textual Amendments

F36 Ss. 19-25 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F36 24 Sustainable community strategy E+W

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Textual Amendments

F36 Ss. 19-25 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

F36 25 Meaning of “child poverty” in Part 2 E+W

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Textual Amendments

F36 Ss. 19-25 repealed (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(1), 36(2)(d)

Part 3 U.K. Miscellaneous and General

Free school lunches and milk E+W

26 Free school lunches and milk E+W

(1) In section 512ZB of the Education Act 1996 (provision of free school lunches and milk), in subsection (4)—

(a) after “A person” insert “ (“C”) ” ,

(b) in paragraph (a)—

(i) for “his parent” substitute “ C's parent ” ,

(ii) at the end of sub-paragraph (iia), insert “ or ” , and

(iii) omit sub-paragraph (iv) (including the “or” immediately following it),

(c) after paragraph (a) insert—

“(aa) C meets any conditions prescribed for the purposes of this paragraph and C's parent is, in such circumstances as may be so prescribed—

(i) in receipt of any benefit or allowance not falling within paragraph (a) that is so prescribed, or

(ii) entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed, or”,

(d) in paragraph (b)—

(i) for “he, himself, is—” substitute “ C is— ” ,

(ii) at the end of sub-paragraph (ii), insert “ or ” , and

(iii) omit sub-paragraph (iii), and

(e) at the end insert—

“(c) C meets any conditions prescribed for the purposes of this paragraph and is—

(i) in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, or

(ii) entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed.”

(2) Any regulations made under paragraph (a)(iv) of subsection (4) of section 512ZB of the Education Act 1996 and in force immediately before the coming into force of this section are to have effect as if made under paragraph (aa) of that subsection.

(3) Any regulations made under paragraph (b)(iii) of subsection (4) of section 512ZB of the Education Act 1996 and in force immediately before the coming into force of this section are to have effect as if made under paragraph (c) of that subsection.

General U.K.

[F37 27 General interpretation U.K.

(1) In this Act—

• “ the Commission ” means the Social Mobility Commission;

• “financial year” means the 12 months ending with 31 March;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “Northern Ireland strategy” has the meaning given by section 12(2);

• “the relevant Northern Ireland department” means the Office of the First Minister and deputy First Minister.

(2) In this Act “appointed day for Northern Ireland” means such day as a Minister of the Crown may by order with the consent of the Northern Ireland Assembly appoint (and different days may be appointed for the purposes of different provisions of this Act).]

Textual Amendments

F37 S. 27 substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(8), 36(2)(d)

28 F38 ... orders U.K.

(1) Any power to make F39 ... an order under this Act is exercisable by statutory instrument.

(2) Any F40 ... order under this Act may—

(a) make different provision for different cases,

(b) include supplementary, incidental and consequential provision, and

(c) make transitional provisions and savings.

(3) A power conferred by any provision of this Act to make F41 ... an order includes power to provide for a person to exercise a discretion in dealing with any matter.

F42 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 ( 5 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Words in s. 28 heading omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(c), 36(2)(d)

F39 Words in s. 28(1) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(a), 36(2)(d)

F40 Words in s. 28(2) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(a), 36(2)(d)

F41 Words in s. 28(3) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(a), 36(2)(d)

F42 S. 28(4)(5) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(9)(b), 36(2)(d)

29 Financial provisions U.K.

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister of the Crown, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

30 Extent U.K.

(1) Except as provided by subsections (2) to (4), the provisions of this Act extend to England and Wales, Scotland and Northern Ireland.

F43 ( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F44 Part 1] extends to Northern Ireland only.

(4) [F45 Section 26 extends] to England and Wales only.

Textual Amendments

F43 S. 30(2) omitted (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(10)(a), 36(2)(d)

F44 Words in s. 30(3) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(10)(b), 36(2)(d)

F45 Words in s. 30(4) substituted (16.5.2016) by Welfare Reform and Work Act 2016 (c. 7), ss. 7(10)(c), 36(2)(d)

31 Commencement U.K.

(1) This Act, except Part 2 and section 26, comes into force on the day on which this Act is passed.

(2) Part 2 and section 26 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.

32 Short title U.K.

This Act may be cited as the [F46 Life Chances Act 2010].

Textual Amendments

F46 Act: "The Child Poverty Act 2010 may be cited as the Life Chances Act 2010" (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(12), 36(2)(d)