The Child Support Appeals (Jurisdiction of Courts) Order 2002

Statutory Instruments

2002 No. 1915 (L. 9)

FAMILY LAW, ENGLAND AND WALES

The Child Support Appeals (Jurisdiction of Courts) Order 2002

Made

20th July 2002

Coming into force in accordance with article 1(2)

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament:

Now, therefore, the Lord Chancellor in exercise of the power conferred upon him by section 45(1) and (7) of the Child Support Act 1991M1 hereby makes the following Order:

Marginal Citations

M1 1991 c. 48. Section 45(1) was amended by the Social Security Act 1998 (c. 14) Schedule 7 paragraph 42.

Citation, commencement, interpretation and extent E+W

1.—(1) This Order may be cited as the Child Support Appeals (Jurisdiction of Courts) Order 2002.

(2) Subject to paragraph (3) this Order shall come into force on the day after the date on which it is made.

(3) This Order shall not have effect in relation to a particular type of case until the day on which section 10 of the Child Support, Pensions and Social Security Act 2000 M2 comes into force for the purposes of that type of case.

(4) In this Order—

(a) “the Act” means the Child Support Act 1991; and

(b) “the Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 M3 .

(5) This Order extends to England and Wales only.

Commencement Information

I1 Art. 1 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

Marginal Citations

M2 2000 c. 19.

M3 S.I. 1999/991, as amended by regulation 22 of S.I. 1999/2570.

Revocation E+W

2.  The Child Support Appeals (Jurisdiction of Courts) Order 1993 M4 , to the extent to which it applies in England and Wales, is revoked.

Commencement Information

I2 Art. 2 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

Marginal Citations

M4 S.I. 1993/961 (L. 12), there are no amendments.

Parentage appeals to be made to courts E+W

3.  An appeal under section 20 M5 of the Act shall be made to a court instead of to [F1 the First-tier Tribunal] in the circumstances mentioned in article 4.

Textual Amendments

F1 Words in art. 3 substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 180

Commencement Information

I3 Art. 3 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

Marginal Citations

M5 1991 c. 48. Section 20 was substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

4.  The circumstances are that—

(a) the appeal will be an appeal under section 20(1)(a) or (b) of the Act;

(b) the determination made by the Secretary of State in making the decision to be appealed against included a determination that a particular person (whether the applicant or some other person) either was, or was not, a parent of the qualifying child in question (“a parentage determination”); and

(c) the ground of the appeal will be that the decision to be appealed against should not have included that parentage determination.

Commencement Information

I4 Art. 4 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

[F2 5.   Regulation 32 of Regulations and Rule 23 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 apply to appeals brought under this Order as if the word “Tribunal” is read as “court”.]

Textual Amendments

F2 Art. 5 substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 181

Commencement Information

I5 Art. 5 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

Irvine of Lairg,C

20th July 2002

Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces (as regards England and Wales) the Child Support Appeals (Jurisdiction of Courts) Order 1993 (S.I. 1993/961 (L. 12)), which provides for child support appeals to be made to a court instead of to an appeal tribunal where the issue in the appeal is parentage of the qualifying child in relation to whom an application for child support maintenance has been made under the Child Support Act 1991.

The amendments are consequential on the replacement, by virtue of section 10 of the Child Support, Pensions and Social Security Act 2000, of section 20 of the Child Support Act 1991, which deals with child support appeals. This Order also makes provision for the application (with modifications) of regulations 31 and 32 of the Social Security and Child Support (Decision and Appeals) Regulations 1999 in relation to the appeals to which this Order applies.