Miscellaneous and supplemental

P1I158 Short title, commencement and extent, etc.

1

This Act may be cited as the Child Support Act 1991.

2

Section 56(1) and subsections (1) to (11) and (14) of this section shall come into force on the passing of this Act but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor, the Secretary of State or Lord Advocate, or by any of them acting jointly.

3

Different dates may be appointed for different provisions of this Act and for different purposes (including, in particular, for different cases or categories of case).

4

An order under subsection (2) may make such supplemental, incidental or transitional provision as appears to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including such adaptations or modifications of—

a

the provisions so brought into force;

b

any provisions of this Act then in force; or

c

any provision of any other enactment,

as appear to him to be necessary or expedient.

5

Different provision may be made by virtue of subsection (4) with respect to different periods.

6

Any provision made by virtue of subsection (4) may, in particular, include provision for—

a

the enforcement of a F3maintenance calculation (including the collection of sums payable under the F4calculation) as if the F4calculation were a court order of a prescribed kind;

b

the registration of maintenance F4calculations with the appropriate court in connection with any provision of a kind mentioned in paragraph (a);

c

the variation, on application made to a court, of the provisions of a F3maintenance calculation relating to the method of making payments fixed by the F4calculation or the intervals at which such payments are to be made;

d

a F3maintenance calculation, or an order of a prescribed kind relating to one or more children, to be deemed, in prescribed circumstances, to have been validly made for all purposes or for such purposes as may be prescribed.

In paragraph (c) “court” includes a single justice.

7

The Lord Chancellor, the Secretary of State or the Lord Advocate may by order make such amendments or repeals in, or such modifications of, such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision made by or under this Act (including any provision made by virtue of subsection (4)).

8

This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.

9

Sections 27, 35F1, 40 and 48 and paragraph 7 of Schedule 5 do not extend to Scotland.

10

Sections 7, 28F2, 40A and 49 extend only to Scotland.

11

With the exception of sections 23 and 56(1), subsections (1) to (3) of this section and Schedules 2 and 4, and (in so far as it amends any enactment extending to Northern Ireland) Schedule 5, this Act does not extend to Northern Ireland.

12

Until Schedule 1 to the M1Disability Living Allowance and Disability Working Allowance Act 1991 comes into force, paragraph 1(1) of Schedule 3 shall have effect with the omission of the words “and disability appeal tribunals” and the insertion, after “social security appeal tribunals”, of the word “ and ”.

I113

The consequential amendments set out in Schedule 5 shall have effect.

14

In Schedule 1 to the M2Children Act 1989 (financial provision for children), paragraph 2(6)(b) (which is spent) is hereby repealed.