The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992

[F1 5.— (1) For so long as either— E+W+S

(a) paragraph 2 or 3 above operates in a case so as to prevent an application being made under section 4 of the Act or, as the case may be, section 7 of the Act, and no application has been made under section 6 of the Act; or

(b) an application has been made under section 6 of the Act but no maintenance assessment has yet been made pursuant to that application,

then in relation to that case—

(i) section 8(3) of the Act (role of the courts with respect to maintenance orders) shall be modified so as to have effect as if the word “vary” were omitted;

(ii) in a case falling within sub-paragraph (a) above, section 9(3) of the Act shall not apply; and

(iii) section 9(5) of the Act shall be modified so as to have effect as if paragraph (b) were omitted.

(2) In a case where there is, at any time during the transitional period, pending before a court an application for a maintenance order or an application for an order varying a written maintenance agreement, section 8(3) or, as the case may be, section 9(5)(b) of the Act, shall not apply in relation to that case.]

Textual Amendments

F1 Part 1 of Sch. substituted (31.3.93) by S.I. 1993/966, art. 2(1)