Child Support Act 1991

Section 22(5).

SCHEDULE 4 Child Support Commissioners

Tenure of office

1 (1) Every Child Support Commissioner shall vacate his office at the end of the completed year of service in which he reaches the age of 72.

(2) Where the Lord Chancellor considers it desirable in the public interest to retain a Child Support Commissioner in office after the end of the completed year of service in which he reaches the age of 72, he may from time to time authorise the continuance of that Commissioner in office until any date not later than that on which he reaches the age of 75.

(3) A Child Support Commissioner may be removed from office by the Lord Chancellor on the ground of misbehaviour or incapacity.

Commissioners' remuneration and their pensions

2 (1) The Lord Chancellor may pay, or make such payments towards the provision of such remuneration, pensions, allowances or gratuities to or in respect of persons appointed as Child Support Commissioners as, with the consent of the Treasury, he may determine.

(2) The Lord Chancellor shall pay to a Child Support Commissioner such expenses incurred in connection with his work as such a Commissioner as may be determined by the Treasury.

Commissioners barred from legal practice

3 Section 75 of the [1990 c. 41.] Courts and Legal Services Act 1990 (judges etc. barred from legal practice) shall apply to any person appointed as a Child Support Commissioner as it applies to any person holding as a full-time appointment any of the offices listed in Schedule 11 to that Act.

Deputy Child Support Commissioners

4 (1) The Lord Chancellor may appoint persons to act as Child Support Commissioners (but to be known as deputy Child Support Commissioners) in order to facilitate the disposal of the business of Child Support Commissioners.

(2) A deputy Child Support Commissioner shall be appointed—

(a) from among persons who have a 10 year general qualification or are advocates or solicitors in Scotland of 10 years' standing; and

(b) for such period or on such occasions as the Lord Chancellor thinks fit.

(3) Paragraph 2 applies to deputy Child Support Commissioners as if the reference to pensions were omitted and paragraph 3 does not apply to them.

Tribunals of Commissioners

5 (1) If it appears to the Chief Child Support Commissioner (or, in the case of his inability to act, to such other of the Child Support Commissioners as he may have nominated to act for the purpose) that an appeal falling to be heard by one of the Child Support Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with by a tribunal consisting of any three of the Child Support Commissioners.

(2) If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal.

Finality of decisions

6 (1) Subject to section 25, the decision of any Child Support Commissioner shall be final.

(2) Sub-paragraph (1) shall not be taken to make any finding of fact or other determination embodied in, or necessary to, a decision, or on which it is based, conclusive for the purposes of any further decision.

Consultation with Lord Advocate

7 Before exercising any of his powers under paragraph 1(2) or (3), or 4(1) or (2)(b), the Lord Chancellor shall consult the Lord Advocate.

Northern Ireland

8 In its application to Northern Ireland this Schedule shall have effect as if—

(a) for any reference to a Child Support Commissioner (however expressed) there were substituted a corresponding reference to a Child Support Commissioner for Northern Ireland;

(b) in paragraph 2(1), the word “pensions” were omitted;

(c) for paragraph 3, there were substituted—

“3 A Child Support Commissioner for Northern Ireland, so long as he holds office as such, shall not practise as a barrister or act for any remuneration to himself as arbitrator or referee or be directly or indirectly concerned in any matter as a conveyancer, notary public or solicitor.”;

(d) in paragraph 4—

(i) for paragraph (a) of sub-paragraph (2) there were substituted—

“(a) from among persons who are barristers or solicitors of not less than 10 years' standing; and”;

(ii) for sub-paragraph (3) there were substituted—

“(3) Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them.”; and

(e) paragraphs 5 to 7 were omitted.