The Child Support (Amendments Relating to Information) Regulations (Northern Ireland) 2022

Statutory Rules of Northern Ireland

2022 No. 177

Family Law

The Child Support (Amendments Relating to Information) Regulations (Northern Ireland) 2022

Made

25th May 2022

Coming into operation

26th May 2022

The Department for Communities makes the following Regulations in exercise of the powers conferred by Article 16(1) of the Child Support (Northern Ireland) Order 1991(1), and now vested in it(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Child Support (Amendments Relating to Information) Regulations (Northern Ireland) 2022 and shall come into operation on 26th May 2022.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Child Support Information Regulations

2.—(1) The Child Support Information Regulations (Northern Ireland) 2008(4) are amended as follows.

(2) In regulation 4 (information from other persons)—

(a) after paragraph (2)(k) insert—

“(ka) a person (“P”)—

(i) who is carrying on, or who has carried on, share trading or investment management;

(ii) who is communicating, or who has communicated, in the course of business, an invitation or inducement to engage in share trading or investment management;

(kb) a person (P’s “intermediary”) who has, or who has had, arrangements with P that P is, or was, to—

(i) carry on share trading or investment management;

(ii) communicate, in the course of business, an invitation or inducement to engage in share trading or investment management;

(kc) except where sub-paragraph (d) applies, a person providing, or who has provided, professional services to the non-resident parent, P or P’s intermediary, in relation to the activities described in sub-paragraph (ka) or (kb);”;

(b) in paragraph (2)(m) insert “or personal” after “occupational”;

(c) after paragraph (2)(m) insert—

“(n) the Motor Insurers’ Bureau, a company limited by guarantee, or its officers where officer has the meaning given by section 1173(1) of the Companies Act 2006(5).”;

(d) after paragraph (3) insert—

“(4) For the purposes of this regulation—

“the 2001 Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(6)

“the 2005 Order” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005(7)

“carrying on share trading or investment management” means carrying on a regulated activity referred to in—

(a)

any of articles 14, 21, 25, 40, 45 or 53 of the 2001 Order in relation to shares or stock within the meaning of article 76 of that Order;

(b)

article 37 of the 2001 Order,

and an expression referring to this is to be construed accordingly;

“engage in share trading or investment management” means engaging in an activity referred to in—

(a)

any of paragraphs 3, 4, 6, 7 or 11 of Part I of Schedule 1 to the 2005 Order in relation to shares or stock within the meaning of paragraph 14 of Part II of Schedule 1 to that Order,

(b)

paragraph 5 of Part I of Schedule 1 to the 2005 Order;

and an expression referring to this is to be construed accordingly;

“communicate” has the same meaning as in section 21(13) of the Financial Services and Markets Act 2000(8);

“in the course of business” and “invitation or inducement” have the same meanings as in the Financial Services and Markets Act 2000;

“professional services” has the same meaning as in section 327(8) of the Financial Services and Markets Act 2000;

“regulated activity” has the same meaning as in section 22 of the Financial Services and Markets Act 2000(9).”.

Sealed with the Official Seal of the Department for Communities on 25th May 2022

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Child Support Information Regulations (Northern Ireland) 2008 to add—

(a) a trustee, manager or administrator of a personal pension scheme;

(b) the Motor Insurers’ Bureau (or its officers);

(c) persons engaged in share trading or investment management activities

as persons who are required to furnish information or evidence required by the Department for the purpose of the Department’s functions under the Child Support (Northern Ireland) Order 1991.

(1)

S.I. 1991/2628 (N.I. 23). Article 16(1) was amended by section 12 and paragraph 16 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (N.I.)

(2)

See Article 8(b) of S.R. 1999 No. 481 and Section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

(3)

1954 c. 33 (N.I.)

(4)

S.R. 2008 No. 403

(5)

2006 c. 46

(6)

S.I. 2001/544; relevant amending instruments are S.I. 2001/3544, 2002/682, 2003/1476, 2006/3384, 2011/2687, 2013/1881, 2014/1815, 2016/392, 2017/488, 2017/500, 2017/701, 2019/679 and 2021/90

(7)

S.I. 2005/1529; relevant amending instruments are S.I. 2006/3384, 2014/366, 2014/1815, 2016/392, 2019/632, 2017/488 and 2021/90

(8)

2000 c. 8

(9)

Section 22 was amended by S.I. 2018/135, the Financial Guidance and Claims Act 2018 c. 10, Part 2, section 27(4)(b) and the Financial Services Act 2012 c. 21, Part 2, section 7(1)(a)