The Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 99

FAMILY LAW

CHILD SUPPORT

The Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 1996

Made

12th March 1996

To be laid before Parliament

Coming into operation

29th April 1996

The Lord Chancellor, in exercise of the powers conferred on him by Articles 25(6) and (7) and 26(2), (3) and (5) of, and paragraphs 1 and 1A of Schedule 4 to, the Child Support (Northern Ireland) Order 1991(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation

1.  These Regulations may be cited as the Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 29th April 1996.

Amendment of the Child Support Commissioners (Procedure) Regulations

2.  After regulation 23 of the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1993(2) (general powers of a commissioner), there shall be inserted the following regulation—

“Delegation of functions to nominated officers

23A.— (1) All or any of the following functions of a Commissioner may be exercised by a nominated officer, that is to say:—

(a) giving directions under regulation 7(1) and (2) (directions on notice of appeal);

(b) granting leave under regulation 9 to the Department to intervene in an appeal;

(c) making any direction under regulation 10(1), (2) and (3) (other directions);

(d) making orders for oral hearings under regulation 11(2) and (3);

(e) summoning witnesses under regulation 14(1) and setting aside under regulation 14(3) a witness summons made by a nominated officer;

(f) ordering the postponement of oral hearings under regulation 15(1);

(g) giving leave for the withdrawal of any appeal under regulation 16(2);

(h) making any order for the extension or abridgement of time, or for expediting the proceedings, under regulation 23(2)(a), (b) and (c).

(2) Any party may, within 10 days of being given the decision of the nominated officer, in writing request a Commissioner to consider, and confirm or replace with his own, that decision but such a request shall not stop the proceedings unless so ordered by the Commissioner.

(3) In this regulation, “nominated officer” means an officer authorised by the Lord Chancellor in accordance with paragraph 1A of Schedule 4 to the Order.”

Mackay of Clashfern, C.

Dated 12th March 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1993 to provide for nominated officers to perform certain functions of a Commissioner and to provide for decisions made by a nominated officer to be considered by a Commissioner.

(1)

S.I. 1991/2628 (N.I. 23); paragraph 1A was inserted in Schedule 4 by Article 11 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702) (N.I. 13)

(2)

S.R. 1993 No. 42