4 Determination of applications.E+W+S
In the 1991 Act, insert after section 28C—
“28D Determination of applications.
(1)Where an application for a departure direction has not failed, the Secretary of State shall—
(a)determine the application in accordance with the relevant provisions of, or made under, this Act; or
(b)refer the application to a child support appeal tribunal for the tribunal to determine it in accordance with those provisions.
(2)For the purposes of subsection (1), an application for a departure direction has failed if—
(a)it has lapsed or been withdrawn; or
(b)the Secretary of State has rejected it on completing a preliminary consideration under section 28B.
(3)In dealing with an application for a departure direction which has been referred to it under subsection (1)(b), a child support appeal tribunal shall have the same powers, and be subject to the same duties, as would the Secretary of State if he were dealing with the application.”