The Transfer of Tribunal Functions Order 2008

Child Support Act 1991

97.—(1) Schedule 4 (Child Support Commissioners)(1) is amended as follows.

(2) In the heading after “Commissioners” insert “for Northern Ireland”.

(3) In paragraph 1—

(a) in sub-paragraph (1) after “Child Support Commissioner” insert “for Northern Ireland”; and

(b) omit sub-paragraphs (3) to (3B).

(4) In paragraph 2—

(a) in sub-paragraph (1)—

(i) omit “pensions,”; and

(ii) after “Child Support Commissioners” insert “for Northern Ireland”; and

(b) in sub-paragraph (2) after “Child Support Commissioner” insert “for Northern Ireland”.

(5) Omit paragraph 2A.

(6) For paragraph 3 substitute—

“3.   A Child Support Commissioner for Northern Ireland, so long as he holds office as such, shall not practise as a barrister or act for any remuneration to himself as arbitrator or referee or be directly or indirectly concerned in any matter as a conveyancer, notary public or solicitor.”.

(7) In paragraph 4—

(a) in sub-paragraph (1)—

(i) for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”; and

(ii) after “Child Support Commissioners”, in each place, insert “for Northern Ireland”;

(b) in sub-paragraph (2) after “Child Support Commissioner” insert “for Northern Ireland”;

(c) in sub-paragraph (2) for paragraph (a) (together with the “and” at the end of that paragraph) substitute—

“(a) from among persons who are barristers or solicitors of not less than the number of years’ standing specified in section 23(2); and”;

(d) in sub-paragraph (2)(b) for “Lord Chancellor thinks” substitute “First Minister and deputy First Minister think”;

(e) in sub-paragraph (2A) after “Child Support Commissioner” insert “for Northern Ireland”; and

(f) for sub-paragraph (3) substitute—

“(3) Paragraph 2 applies to deputy Child Support Commissioners for Northern Ireland, but paragraph 3 does not apply to them.”

(8) Omit paragraphs 4A to 8.

(1)

Paragraphs 1(3A) and (3B) and 8(ab) were inserted by paragraphs 218 and 221(1) and (2) of Schedule 4 to the Constitutional Reform Act 2005 (c.4). Paragraphs 2A and 8(bb) were inserted by paragraph 18(1) and (2) of Schedule 3 to the Child Support Act 1995 (c.34) and sub-paragraph (1) substituted by paragraph 51 of Schedule 7 to the Social Security Act 1998 (c.14). Paragraph 4(2)(a) was amended by paragraph 22(1) and (4) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15). The effect of the amendment to paragraph 8 made by paragraph 22(5) of that Schedule has been retained in the amendments made by paragraph 97(7)(c) of this Schedule. Paragraph 4A was inserted by section 17(1) of the Child Support Act 1995 (c.34). Paragraphs 5 and 6 were amended by paragraph 52 of Schedule 7 to the Social Security Act 1998 (c.14). Paragraph 7 was amended by paragraph 23(4) of Schedule 6 to the Judicial Pensions and Retirement Act 1993 (c.8). Paragraph 8(aa) was inserted by paragraph 47 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c.26) and sub-Paragraphs (ai) and (ia) of paragraph 8(d) were inserted by paragraph 22 of Schedule 3 of that Act.