Legislation – Welfare Reform Act 2009

The Secretary of State must prepare a report on the operation during the review period of the amendments of the 1991 Act made by section 51 and Schedule 5 so far as those amendments relate to the disqualification of any person for holding or obtaining a travel authorisation.

(2)

“The review period” is the period of 24 months beginning with the day on which section 51 and Schedule 5 come into force in relation to the disqualification of any person for holding or obtaining a travel authorisation.

(3)

The Secretary of State must—

(a)

prepare the report, and

(b)

lay it before Parliament,

within 6 months from the end of the review period.

(4)

The continued effect of the travel authorisation amendments depends on whether the Secretary of State makes an order under this subsection within the relevant period providing for those amendments to continue to have effect.

(5)

“The relevant period” means the period of 30 days beginning with the day on which the report is laid before Parliament; and, in reckoning this period, no account is to be taken of any time during which Parliament—

(a)

is dissolved or prorogued, or

(b)

is adjourned for more than 4 days.

(6)

If no order is made as mentioned in subsection (4), the Secretary of State must instead make an order under this subsection containing such amendments of the 1991 Act as the Secretary of State considers necessary to secure that the effect of the travel authorisation amendments is reversed.

(7)

The effect of the travel authorisation amendments is to be regarded as reversed if the 1991 Act is amended so that it has the same effect in relation to the disqualification of any person for holding or obtaining a travel authorisation as it would have had if this Act had not been passed.

(8)

An order under subsection (6) may contain consequential provision and transitional provision or savings.

(9)

The consequential provision that may be made by an order under subsection (6) includes, in particular, provision amending, repealing or revoking—

(a)

any provision of any Act passed before the making of the order, or

(b)

any provision of any instrument made under any Act before the making of the order.

(10)

Any power to make an order under this section is exercisable by statutory instrument.

(11)

An order under subsection (4) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(12)

A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(13)

In this section—

“the 1991 Act” means the Child Support Act 1991 (c. 48);

“travel authorisation” has the same meaning as in section 39B of the 1991 Act;

“the travel authorisation amendments” means the amendments of the 1991 Act made by section 51 and Schedule 5 so far as relating to the disqualification of any person for holding or obtaining a travel authorisation.