Child Support (Enforcement) Act 2023

4 Appeal of liability order E+W+S

(1) The 1991 Act is amended in accordance with subsections (2) to (4).

(2) In section 32N (as inserted by section 25 of the 2008 Act) (regulations about liability orders), after subsection (2) insert—

“(3) The Secretary of State must by regulations make provision for a person against whom a liability order is made to have a right to appeal to a court against the making of the order.

(4) On an appeal under regulations under subsection (3), the court must not question the maintenance calculation by reference to which the order was made.

(5) Regulations under subsection (3) may include—

(a) provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b) provision with respect to the powers of the court to which the appeal under the regulation lies.”

(3) In section 32M (as inserted by section 25 of the 2008 Act) (liability orders), in subsection (3) for “section 20” in both places substitute “regulations under section 32N(3)”.

(4) In section 52 (regulations and orders), in subsection (2A), after paragraph (a) insert—

“(aa) the first regulations under section 32N(3),”.

(5) In Schedule 7 to the 2008 Act (minor and consequential amendments), omit paragraph 1(3) to (6).

Commencement Information

I1 S. 4(1)-(4) comes into force in accordance with s. 6(4)

I2 S. 4(5) in force at 20.9.2023, see s. 6(3)