Legal background
Under section 4 of the 1991 Act, either parent (or a child in Scotland under s.7) may apply to the CMS for a maintenance calculation to be made.  Where a maintenance calculation has been made, the PWC may apply to the CMS to arrange for collection and enforcement of child maintenance.
	Liability for child maintenance is calculated under section 11 and in accordance with Schedule 1 of the 1991 Act.
	When the SoS (through the CMS) exercises any discretionary power in the 1991 Act, he is obliged to consider the welfare of any child affected by the decision (section 2 of the 1991 Act).
	Section 29 of the 1991 Act permits the SoS to make arrangements to collect child support maintenance.
	Sections 31 – 32K of the 1991 Act sets out the administrative enforcement measures (DEOs and DOs) that can be used to secure arrears of child support maintenance.
	Under section 33 of the 1991 Act, where a NRP fails to make one or more child maintenance payments, and it appears a DEO is inappropriate or ineffective, the CMS may apply to a Magistrates court (or Sheriff’s Court in Scotland) for a LO against the NRP.
	The 2008 Act was introduced to establish the Child Maintenance and Enforcement Commission CMEC (a non-departmental government body) to take on some of the functions previously undertaken by DWP under the Child Support Agency (CSA). CMEC was subsequently abolished, and the functions of the statutory child maintenance system were transferred back to the DWP. The 2008 Act made a number of amendments to the 1991 Act. Some of those amendments, such as those set out in section 25 of the 2008 Act, were not commenced at the time that Act was passed.
	This Act amends the uncommenced provisions in section 25 of the 2008 Act. When these provisions are commenced, it will enable the SoS to make administrative liability orders. They will have similar effect to liability orders currently issued by the courts under section 33 of the 1991 Act in that it certifies the debt that is owed by the NRP and allows the CMS to take further enforcement actions. A liability order is required before the CMS can take action to:
	i. Take control of and sell goods.
	ii. Disqualify the NRP from driving or from holding or obtaining a UK passport.
	iii. Imprison the NRP.