New Clause 5 — Responsibilities of non-resident parent

Orders of the Day – in the House of Commons at 6:45 pm on 3rd December 2007.

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'In section 1 of the Child Support Act 1991 (c. 48) (the duty to maintain), for subsection (2) substitute—

"(2) For the purposes of this Act, a non-resident parent shall be taken to have met his responsibility to maintain any qualifying child of his—

(a) by paying a calculation in accordance with the provisions of this Act; or

(b) by making payments in accordance with an order set out in subsection (2A) in the circumstances set out in subsection (2B).

(2A) The order referred to in subsection (2)(b) shall be an order ("the Order") for periodical payments to the child made under section 23(1)(d) of the Matrimonial Causes Act 1973 (c. 18) or paragraph 1(2)(a) or (b) of Schedule 1 of the Children Act 1989 (c. 41).

(2B) The circumstances referred to in paragraph 2(b) are—

(a) that simultaneously with the Order the court makes an order under—

(i) section 23(1)(a),(b),(c), or section 24 of the Matrimonial Causes Act 1973, or

(ii) paragraph 1(2)(c),(d) or (e) of Schedule 1 of the Children Act 1989 (lump sum payments or transfer of property orders etc); or

(b) the order is a variation of an order originally made when one or more such orders were made.

(2C) Where the court makes an order of the type listed at subsection (2A) and the conditions of subsection (2B) are met, any calculation under this Act shall be discharged and, during the currency of the Order, the Secretary of State shall not exercise his powers to make a calculation under section 4 of this Act."'.— [Andrew Selous.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:—

The House divided: Ayes 164, Noes 263.

Division number 16 Orders of the Day — New Clause 5 — Responsibilities of non-resident parent

Aye: 163 MPs

No: 262 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Abstained: 1 MP

Abstaineds: A-Z by last name

Question accordingly negatived.