Child Support Act 1991

Jurisdiction E+W+S

44 Jurisdiction. E+W+S

(1) [F1 The Secretary of State] shall have jurisdiction to make a maintenance assessment with respect to a person who is—

(a) a person with care;

(b) an absent parent; or

(c) a qualifying child,

only if that person is habitually resident in the United Kingdom.

(2) Where the person with care is not an individual, subsection (1) shall have effect as if paragraph (a) were omitted.

(3) The Secretary of State may by regulations make provision for the cancellation of any maintenance assessment where—

(a) the person with care, absent parent or qualifying child with respect to whom it was made ceases to be habitually resident in the United Kingdom;

(b) in a case falling within subsection (2), the absent parent or qualifying child with respect to whom it was made ceases to be habitually resident in the United Kingdom; or

(c) in such circumstances as may be prescribed, a maintenance order of a prescribed kind is made with respect to any qualifying child with respect to whom the maintenance assessment was made.

Textual Amendments

F1 Words in s. 44(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 41; S.I. 1999/1510, art. 2(g)(iii)

Commencement Information

I1 S. 44 wholly in force; s. 44 not in force at Royal Assent see s. 58(2); s. 44(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 44 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

45 Jurisdiction of courts in certain proceedings under this Act. E+W+S

(1) The Lord Chancellor or, in relation to Scotland, the Lord Advocate may by order make such provision as he considers necessary to secure that appeals, or such class of appeals as may be specified in the order—

(a) shall be made to a court instead of being made to [F2 an appeal tribunal]; or

(b) shall be so made in such circumstances as may be so specified.

(2) In subsection (1), “court” means—

(a) in relation to England and Wales and subject to any provision made under Schedule 11 to the M1 Children Act 1989 (jurisdiction of courts with respect to certain proceedings relating to children) the High Court, a county court or a magistrates’ court; and

(b) in relation to Scotland, the Court of Session or the sheriff.

(3) Schedule 11 to the Act of 1989 shall be amended in accordance with subsections (4) and (5).

(4) The following sub-paragraph shall be inserted in paragraph 1, after sub-paragraph (2)—

“(2A) Sub-paragraphs (1) and (2) shall also apply in relation to proceedings—

(a) under section 27 of the Child Support Act 1991 (reference to court for declaration of parentage); or

(b) which are to be dealt with in accordance with an order made under section 45 of that Act (jurisdiction of courts in certain proceedings under that Act)”.

(5) In paragraphs 1(3) and 2(3), the following shall be inserted after “Act 1976”—

“(bb) section 20 (appeals) or 27 (reference to court for declaration of parentage) of the Child Support Act 1991;”.

(6) Where the effect of any order under subsection (1) is that there are no longer any appeals which fall to be dealt with by [F3 appeal tribunals], the Lord Chancellor after consultation with the Lord Advocate may by order provide for the abolition of those tribunals.

(7) Any order under subsection (1) or (6) may make—

(a) such modifications of any provision of this Act or of any other enactment; and

(b) such transitional provision,

as the Minister making the order considers appropriate in consequence of any provision made by the order.

Textual Amendments

F2 Words in s. 45(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 42(1); S.I. 1999/1510, art. 2(g)(iii)

F3 Words in s. 45(6) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 42(2); S.I. 1999/1510, art. 2(g)(iii)

Modifications etc. (not altering text)

C1 S. 45: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.

C2 S. 45(6) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12

Marginal Citations

M1 1989 c. 41.