Citation and interpretation

1. —(1) This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008.

(2) In this Order “the relevant date” means 1st November 2008.

(3) In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.

Appointed day for paragraph 40(b) of Schedule 3

2. Paragraph 40(b) of Schedule 3 (transfer of child support functions) and section 13, in so far as it relates to that sub-paragraph, come into force—

(a) in relation to Scotland, immediately after paragraph 18(a)(i) of Schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007( 2 ) comes into force; and

(b) in relation to England and Wales, immediately after paragraph 18(a)(i) of Schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 extends to England and Wales.

Appointed day for other provisions

3. The following provisions come into force on the relevant date—

(a) section 3(1)(a) (functions of the Commission: general);

(b) section 13 (transfer of child support functions) and Schedules 2 and 3, except in relation to paragraph 40(b) of Schedule 3;

(c) section 14 (transfer of property, rights and liabilities);

(d) section 44 and Schedule 6 (use of information);

(e) sections 57(1) and 58, so far as relating to the paragraphs and entries referred to in sub-paragraphs (f) and (g) below;

(f) paragraph 1(19), (20), (21) and (33) of Schedule 7 (minor and consequential amendments); and

(g) in Schedule 8 (repeals), the entries relating to the repeals in—

(i) section 50(5) of, and Schedule 2 to, the Child Support Act 1991( 3 ); and

(ii) section 80 of the Welfare Reform and Pensions Act 1999( 4 ).

Transitional provision

4. Where, on or after the relevant date, any document or notice relating to a function transferred to the Commission by virtue of section 13 is given or sent to any person by the Commission which contains a reference to the Secretary of State, that document or notice is not to be invalidated by virtue of that reference.