Child Support Act 1991

Information E+W+S

14 Information required by Secretary of State. E+W+S

(1) The Secretary of State may make regulations requiring any information or evidence needed for the determination of any application [F1 made or treated as made] under this Act, or any question arising in connection with such an application [F2 (or application treated as made), or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,] or needed in connection with the collection or enforcement of child support or other maintenance under this Act, to be furnished—

(a) by such persons as may be determined in accordance with regulations made by the Secretary of State; and

(b) in accordance with the regulations.

[F3 (1A) Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.]

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may by regulations make provision authorising the disclosure by him F5 ... , in such circumstances as may be prescribed, of such information held by [F6 him] for purposes of this Act as may be prescribed.

(4) The provisions of Schedule 2 (which relate to information which is held for purposes other than those of this Act but which is required by the Secretary of State) shall have effect.

Textual Amendments

F1 Words in s. 14(1) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(7) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F2 Words in s. 14(1) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 12, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.

F3 S. 14(1A) inserted (1.10.1995 for specified purposes, 14.10.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 3(1); S.I. 1995/2302, art. 2, Sch. Pt. 2; S.I. 1996/2630, art. 2, Sch. Pt. 1

F4 S. 14(2)(2A) repealed (8.9.1998) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 27(a), Sch. 8; S.I. 1998/2209, art. 2, Sch. Pt. 1

F5 Words in s. 14(3) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 27(b), Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)

F6 Word in s. 14(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 27(b); S.I. 1999/1510, art. 2(g)(iii)

Commencement Information

I1 S. 14 wholly in force; s. 14 not in force at Royal Assent see s. 58(2); s. 14(1)(3) wholly in force and s. 14(4) in force so far as it relates to Sch. 2 para. 2(4) at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 14 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

[F7 14A Information—offences. E+W+S

(1) This section applies to—

(a) persons who are required to comply with regulations under section 4(4) or 7(5); and

(b) persons specified in regulations under section 14(1)(a).

(2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—

(a) he makes a statement or representation which he knows to be false; or

(b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.

(3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.

(4) It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable excuse for failing to comply.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F7 S. 14A Inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 13, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

15 Powers of inspectors. E+W+S

[F8 (1) The Secretary of State may appoint, on such terms as he thinks fit, persons to act as inspectors under this section.

(2) The function of inspectors is to acquire information which the Secretary of State needs for any of the purposes of this Act.

(3) Every inspector is to be given a certificate of his appointment.

(4) An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—

(a) are liable to inspection under this section; and

(b) are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,

and may there make such examination and inquiry as he considers appropriate.

(4A) Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—

(a) premises at which a non-resident parent is or has been employed;

(b) premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;

(c) premises at which there is information held by a person (“A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A’s own trade, profession, vocation or business.]

(5) An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.

(6) If required to do so by an inspector exercising his powers, [F9 any such person] shall furnish to the inspector all such information and documents as the inspector may reasonably require.

(7) No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married [F10 or is a civil partner], his or her spouse [F11 or civil partner].

(8) On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.

(9) If any person—

(a) intentionally delays or obstructs any inspector exercising his powers; or

(b) without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) In this section—

• “certificate” means a certificate of appointment issued under this section;

• “inspector” means an inspector appointed under this section;

• “powers” means powers conferred by this section; F12 ...

• F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (11) In this section, “premises” includes—

(a) moveable structures and vehicles, vessels, aircraft and hovercraft;

(b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and

(c) places of all other descriptions whether or not occupied as land or otherwise,

and references in this section to the occupier of premises are to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.]

Textual Amendments

F8 S. 15(1)-(4A) substituted for s. 15(1)-(4) (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

F9 Words in s. 15(6) substituted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

F10 Words in s. 15(7) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 2(a); S.I. 2005/3175, art. 2(1), Sch. 1

F11 Words in s. 15(7) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 2(b); S.I. 2005/3175, art. 2(1), Sch. 1

F12 Words in s. 15(10) repealed (2.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. 1 (with s. 83(6)); S.I. 2001/1252, art. 2(1)(d)(i)

F13 S. 15(11) inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(4), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

Modifications etc. (not altering text)

C1 S. 15 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch. 2