279.Section 52 of the Child Support Act 1991 provides for the Parliamentary control of regulations and orders made under this Act. Many of the delegated powers in the 1991 Act require a resolution of both Houses before any regulations made under them can come into effect (the “affirmative procedure”).
280.This section amends section 52 to provide for Parliamentary control of regulations made under new child support delegated powers in this Act.
281.The substitutedsubsection (2) alters the list of regulation making powers which follow the affirmative procedure.
282.This subsection also amends the reference to Part I of Schedule 1 to refer specifically to the new paragraph 3(2) (regulations prescribing how the reduced rate of liability is worked out) and 10A(1) (regulations amending the way that liability is worked out) – see commentary on Schedule 1 above.
283.New subsection (2A) in section 52 provides that the first set of regulations under paragraph 10(1) of Schedule 1 to the 1991 Act (regulations defining net weekly income for the maintenance calculation) will follow the affirmative procedure. Subsequent regulations will follow the negative procedure.
Part 1: Child Support. Commentary on Sections Miscellaneous Section 25: Regulations