The Contracting Out (Functions Relating to Child Support) Order 2006

Made27th June 2006

Coming into force3rd July 2006

This Order is made in exercise of the powers conferred by section 69 of the Deregulation and Contracting Out Act 19941.

A draft of this Order has been laid before Parliament in accordance with section 77(2) of the Deregulation and Contracting Out Act 1994 and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State for Work and Pensions makes the following Order:

Citation, commencement and interpretation1

1

This Order may be cited as the Contracting Out (Functions Relating to Child Support) Order 2006 and shall come into force on 3rd July 2006.

2

In this Order “the 1991 Act” means the Child Support Act 19912.

Contracting out of functions relating to child support2

1

Subject to paragraph (2), any function of the Secretary of State relating to child support under or by virtue of the provisions of the 1991 Act, may be exercised by, or by employees of, such person (if any) as may be authorised by the Secretary of State.

2

Paragraph (1) shall not include functions under the following provisions—

a

section 15 of the 1991 Act (powers of inspectors)3;

b

section 35 of the 1991 Act (enforcement of liability orders by distress);

c

section 39A of the 1991 Act (commitment to prison and disqualification from driving)4; and

d

section 40B of the 1991 Act (disqualification from driving: further provision)5,

or any other functions excluded from section 69 of the Deregulation and Contracting Out Act 1994 by section 71 of that Act.

Signed by authority of the Secretary of State for Work and Pensions.

Philip HuntParliamentary Under-Secretary of State,Department for Work and Pensions27th June 2006

(This note is not part of the Order)

This Order makes provision to enable the Secretary of State to authorise another person to exercise functions relating to child support other than certain functions which are excluded from contracting out by section 71 of the Deregulation and Contracting Out Act 1994 such as rights of entry and seizure, and the power to make subordinate legislation.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies.