Child Maintenance and Other Payments Act 2008

Child Maintenance and Other Payments Act 2008

2008 CHAPTER 6

Commentary on Sections

Part 2 – Transfer of child support functions etc. to the Commission

Section 14: Transfer of property, rights and liabilities

104. This section enables the Secretary of State to make one or more schemes to transfer property, rights and liabilities which he is entitled or subject, in connection with the transferred functions, or under arrangements entered into in preparation for the coming into force of the Commission’s functions under Part 1 of this Act.

105. Subsection (2) sets out that a scheme under subsection (1), (a transfer scheme) may:

• provide for the transfer of property, rights and liabilities that it would not otherwise be possible to transfer, for example, a contract which does not contain a clause allowing it to be assigned;

• create for the Secretary of State interests in or rights over property transferred by virtue of the scheme. For example, it enables any property that may transfer to the Commission to continue to be used by the Secretary of State;

• create for the Commission, interests in or rights over property retained by the Secretary of State. Such a scheme could enable the Commission to make use of a property that the Secretary of State may own;

• create rights and liabilities between the Secretary of State and the Commission, for example, if a contract were transferred to the Commission, the scheme could allow for the Commission to be indemnified by the Secretary of State in respect of previous breaches; and

• make such supplementary, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.

106. Subsection (3) provides that a transfer scheme shall come into force in accordance with the terms provided by the transfer scheme itself.

107. Subsection (4) provides that a certificate given by the Secretary of State will provide evidence that any property, rights or liabilities have been transferred

108. Subsection (5) defines ‘transferred functions’ as those functions transferred under section 13.