http://www.legislation.gov.uk/ukpga/2023/35Child Support (Enforcement) Act 2023Statute Law Database2023-11-22Expert Participation2023-09-20 2023 Chapter 35 An Act to make provision about the enforcement of child support maintenance and other maintenance; and for connected purposes. [20th July 2023] Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— 1In this Act—“the 1991 Act” means the Child Support Act 1991;“the 2008 Act” means the Child Maintenance and Other Payments Act 2008.2In section 32M of the 1991 Act (as inserted by section 25 of the 2008 Act) (liability orders), for subsection (1) substitute—1Where it appears to the Secretary of State that—aa person has failed to pay an amount of child support maintenance, andbeither—iit is inappropriate to make a deduction from earnings order against the person (because, for example, the person is not employed), oriialthough a deduction from earnings order has been made against the person, it has proved ineffective as a means of securing that payments are made in accordance with the maintenance calculation in question,the Secretary of State may make an order in respect of that amount against the person.3In section 32N of the 1991 Act (as inserted by section 25 of the 2008 Act) (regulations about liability orders), in subsection (2), after paragraph (b) insert—bamake provision for the variation of a liability order;.41The 1991 Act is amended in accordance with subsections (2) to (4).2In section 32N (as inserted by section 25 of the 2008 Act) (regulations about liability orders), after subsection (2) insert—3The Secretary of State must by regulations make provision for a person against whom a liability order is made to have a right to appeal to a court against the making of the order.4On an appeal under regulations under subsection (3), the court must not question the maintenance calculation by reference to which the order was made.5Regulations under subsection (3) may include—aprovision with respect to the period within which a right of appeal under the regulations may be exercised;bprovision with respect to the powers of the court to which the appeal under the regulation lies.3In section 32M (as inserted by section 25 of the 2008 Act) (liability orders), in subsection (3) for “section 20” in both places substitute “regulations under section 32N(3)”.4In section 52 (regulations and orders), in subsection (2A), after paragraph (a) insert—aathe first regulations under section 32N(3),.5In Schedule 7 to the 2008 Act (minor and consequential amendments), omit paragraph 1(3) to (6).5In section 59 of the 2008 Act (transition)—ain subsection (4), omit “20(5A),”;bin subsection (5)—iomit “20(7A),”;iiafter “32M,” insert “32N,”.61This Act extends to England and Wales and Scotland.2Section 1 and this section come into force on the day on which this Act is passed.3Section 4(5) and section 5 come into force at the end of the period of two months beginning with the day on which this Act is passed.4The rest of this Act comes into force—aso far as extending to England and Wales, at the same time as section 25 of the 2008 Act comes into force so far as extending to England and Wales;bso far as extending to Scotland, at the same time as section 25 of the 2008 Act comes into force so far as extending to Scotland.5This Act may be cited as the Child Support (Enforcement) Act 2023. S. 1 in force at Royal Assent, see s. 6(2)S. 2 comes into force in accordance with s. 6(4)S. 3 comes into force in accordance with s. 6(4)S. 4(1)-(4) comes into force in accordance with s. 6(4)S. 6 in force at Royal Assent, see s. 6(2)S. 4(5) in force at 20.9.2023, see s. 6(3)S. 5 in force at 20.9.2023, see s. 6(3)