xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Miscellaneous and supplementalN.I.

Reduced benefit decisionsN.I.

F143.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2Finality of decisionsN.I.

43A.—(1) Subject to the provisions of this Order, any decision of the Department or an appeal tribunal made in accordance with the foregoing provisions of this Order shall be final.

(2) If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—

(a)further such decisions;

(b)decisions made in accordance with Articles 9 to 16 of the Social Security (Northern Ireland) Order 1998 or section 22 of the Social Security Administration (Northern Ireland) Act 1992, or with regulations under Article 12 of that Order; and

(c)decisions made under the Vaccine Damage Payments Act 1979.]

Matters arising as respects decisionsN.I.

43B.—(1) Regulations may make provision as respects matters arising pending—

(a)any decision of the Department under Article 13, 14 or 19;

(b)any decision of an appeal tribunal under Article 22; or

(c)any decision of a Child Support Commissioner under Article 25.

(2) Regulations may also make provision as respects matters arising out of the revision under Article 18, or on appeal, of any such decision as is mentioned in paragraph (1).

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FeesN.I.

44.—(1) The Department may by regulations provide for the payment, by the [F4non-resident parent] or the person with care (or by both), of such fees as may be prescribed in cases where the Department takesF5 any action under Article 7 or 9.

(2) Regulations made under this Article—

(a)may require any information which is needed for the purpose of determining the amount of any such fee to be furnished, in accordance with the regulations, by such person as may be prescribed;

(b)shall provide that no such fees shall be payable by any person to or in respect of whom income support, [F6 an income-based jobseeker's allowance,] [F7 any element of child tax credit other than the family element, working tax credit] or any other benefit of a prescribed kind is paid; and

(c)may, in particular, make provision with respect to the recovery by the Department of any fees payable under the regulations.

[F8(3) The provisions of this Order with respect to—

(a)the collection of child support maintenance;

(b)the enforcement of any obligation to pay child support maintenance,

shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this Article.]

F5prosp. insertion by S.I. 1995/2702 (N.I. 13)

Conduct of proceedingsN.I.

45.  Any [F9officer of the Department who is authorised] by the Department for the purposes of this Article may, although not of counsel or a solicitor, prosecute or conduct before a court of summary jurisdiction any proceedings under this Order.

[F10Disclosure of information to credit reference agenciesN.I.

45D—(1) Subject to paragraph (3), the Department may supply qualifying information to a credit reference agency for use for the purpose of furnishing information relevant to the financial standing of individuals.

(2) The reference in paragraph (1) to qualifying information is to information which—

(a)is held by the Department for the purposes of this Order,

(b)relates to a person who is liable to pay child support maintenance, and

(c)is of a prescribed description.

(3) Information may not be supplied under paragraph (1) without the consent of the person to whom it relates, unless a liability order against that person is in force.

(4) No provision may be made under Article 16(3) authorising the supply of information by the Department to credit reference agencies.

(5) In this Article, “credit reference agency” has the same meaning as in the Consumer Credit Act 1974.]

F10Art. 45D inserted (14.2.2015 for specified purposes, 23.3.2015 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 31, 41(1) (with s. 40(2)(4)); S.R. 2015/57, art. 2(a)(b)

Unauthorised disclosure of informationN.I.

46.—(1) Any person who is, or has been, employed in employment to which [F11this paragraph] applies is guilty of an offence if, without lawful authority, he discloses any information which—

(a)was acquired by him in the course of that employment; and

(b)relates to a particular person.

[F12(1A) Paragraph (1) applies to employment as—

(a)the Chief Child Support Officer;

(b)any other child support officer;

(c)any clerk to, or other officer of, an appeal tribunal or a child support appeal tribunal;

(d)any member of the staff of such a tribunal;

(e)a civil servant in connection with the carrying out of any functions under this Order,

and to employment of any other kind which is prescribed for the purposes of this Article.

(1B) Any person who is, or has been, employed in employment to which this paragraph applies is guilty of an offence if, without lawful authority, he discloses any information which—

(a)was acquired by him in the course of that employment;

(b)is information which is, or is derived from, information acquired or held for the purposes of this Order; and

(c)relates to a particular person.

(1C) Paragraph (1B) applies to any employment which—

(a)is not employment to which paragraph (1) applies; and

(b)is of a kind prescribed for the purposes of this paragraph.]

(2) It is not an offence under this Article—

(a)to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or

(b)to disclose information which has previously been disclosed to the public with lawful authority.

(3) It is a defence for a person charged with an offence under this Article to prove that at the time of the alleged offence—

(a)he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or

(b)he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(4) A person guilty of an offence under this Article shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

F13(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this Article a disclosure is to be regarded as made with lawful authority if, and only if, it is made—

(a)by a civil servant in accordance with his official duty; or

(b)by any other person either—

(i)for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the responsible person; or

(ii)to, or in accordance with an authorisation duly given by, the responsible person;

(c)in accordance with any statutory provision or order of a court;

(d)for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person mentioned in this Order; or

(e)with the consent of the appropriate person.

(7) “The responsible person” means—

(a)the Lord Chancellor;

(b)the Department;

(c)any person authorised by the Lord Chancellor, or the Department, for the purposes of this paragraph; or

(d)any other prescribed person, or person falling within a prescribed category.

(8) “The appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—

(a)under a power of attorney;

(b)by a controller appointed under Article 101 of the Mental Health (Northern Ireland) Order 1986M1;

(c)by a mental health appointee, that is to say—

(i)a person directed or authorised as mentioned in sub-paragraph (a) of rule 38(1) of Order 109 of the Rules of the Supreme Court (Northern Ireland) 1980M2;

(ii)a controller ad interim appointed under sub-paragraph (b) of that rule;

the appropriate person is the attorney, controller or appointee (as the case may be) or, in a case falling within sub-paragraph (a), the person to whom the information relates.

Marginal Citations

Supplementary powers to make regulationsN.I.

47.—(1) The Department may by regulations make such incidental, supplemental and transitional provision as it considers appropriate in connection with any provision made by or under this Order.

(2) The regulations may, in particular, make provision—

(a)as to the procedure to be followed with respect to—

(i)the making of applications for maintenance [F14calculations];

[F15(ii)the making of decisions under Article 13;

(iii)the making of decisions under Article 18 or 19;]

[F16(b)extending the categories of case to which Article 18, 19 or 22 applies;]

(c)as to the date on which an application for a [F17maintenance calculation] is to be treated as having been made;

(d)for attributing payments made under maintenance [F18calculations] to the payment of arrears;

(e)for the adjustment, for the purpose of taking account of the retrospective effect of a [F19maintenance calculation], of amounts payable under the [F20calculation];

(f)for the adjustment, for the purpose of taking account of overpayments or under payments of child support maintenance, of amounts payable under a [F21maintenance calculation];

(g)as to the evidence which is to be required in connection with such matters as may be prescribed;

(h)as to the circumstances in which any official record or certificate is to be conclusive evidence;

(i)with respect to the giving of notices or other documents;

(j)for the rounding up or down of any amounts calculated, estimated or otherwise arrived at in applying any provision made by or under this Order.

(3) No power to make regulations conferred by any other provision of this Order shall be taken to limit the powers given to the Department by this Article.

[F22Pilot schemesN.I.

47A—(1) Any regulations made under this Order may be made so as to have effect for a specified period not exceeding 24 months.

(2) Regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as a “pilot scheme”.

(3) A pilot scheme may provide that its provisions are to apply only in relation to—

(a)one or more specified areas or localities;

(b)one or more specified classes of person;

(c)persons selected by reference to prescribed criteria, or on a sampling basis.

(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

[F23(6) This Article does not apply to regulations under—

(a)paragraph (2A) of Article 22 as substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;

(b)paragraph (3A) of Article 22 as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.]]

Regulations and ordersN.I.

48.—(1) Any regulations or any order made by the Lord Chancellor under this Order (except an order made under Article 1(2)) shall be subject to [F24negative resolution].

[F25(2) A statutory rule containing (whether alone or with other provisions) regulations made under—

(a)Article [F267(3A),] 9(1), 14(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in Article 14(5)(b)), [F2722(2A), 22(3A)] 28C(2)(b), 28F(2)(b), 30(4A), [F2832A to 32C, 32E to 32J,] 38(2), 38A, 38B(6), [F2938E(1)(a)] 40(1), 41(2A)(d) F30... or 44;

(b)paragraph 3(2) or 10A(1) of Part I of Schedule 1; or

(c)Schedule 4B,

shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

[F31(2A) A statutory rule containing (whether alone or with other provisions)—

(a)the first regulations under Article 19(2) to make provision of the kind mentioned in Article 19(3)(a) or (b);

(b)the first regulations under Article 36F, 36L(4), 36O, 38D(2), 38E(2) or 45A;

(c)the first regulations under paragraph 5A(6)(b) of Schedule 1;

(d)the first regulations under paragraph 9(1)(ba) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2) of that paragraph; or

(e)the first regulations under paragraph 10(1) of Schedule 1 to make provision of the kind mentioned in sub-paragraph (2)(a) or (b) of that paragraph

shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.]]

[F32(2B) A statutory rule containing (whether alone or with other provisions) regulations which by virtue of Article 47A are to have effect for a limited period shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.]

(3) The following statutory rules—

(a)any regulations made by the Department under this Order (except regulations to which paragraph (2) [F33or (2A)] applies); and

(b)any order made by the Department under this Order (except an order made under Article 1(2));

shall be subject to negative resolution.

(4) Any power to make a statutory rule shall be exercisable so to provide for a person to exercise a discretion in dealing with any matter.

F25Art. 48(2)(2A) substituted for art. 48(2) (3.3.2003 for specified purposes, 16.5.2014 in so far as not already in operation) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 24(1), 68(1)(2) (with s. 66(6)); S.R. 2003/53, art. 3, Sch.; S.R. 2014/138, art. 2

F28Words in art. 48(2)(a) inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(20)(a) (with s. 37); S.R. 2009/216, art. 2(1)(d)

F33Words in art. 48(3)(a) inserted (3.3.2003 for specified purposes, 16.5.2014 in so far as not already in operation) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 24(2), 68(1)(2) (with s. 66(6)); S.R. 2003/53, art. 3, Sch.; S.R. 2014/138, art. 2

Modifications etc. (not altering text)

Co-ordination with Great BritainN.I.

49.—(1) The Department may make arrangements with the Secretary of State with a view to securing, to the extent allowed for in the arrangements, that—

(a)the provision made by or under this Order ( “the provision made for Northern Ireland”); and

(b)the provision made by or under the Child Support Act 1991F34 ( “the provision made for Great Britain”),

provide for a single system within the United Kingdom.

Paras. (2), (3) rep. by 1998 c. 47

Application to CrownN.I.

50.—(1) The power of the Department to make regulations under Article 16 requiring prescribed persons to furnish information may be exercised so as to require information to be furnished by persons employed in the service of the Crown or otherwise in the discharge of Crown functions.

(2) In such circumstances, and subject to such conditions, as may be prescribed, an inspector appointed under Article 17 may enter any Crown premises for the purpose of exercising any powers conferred on him by that Article.

(3) Where such an inspector duly enters any Crown premises for those purposes, Article 17 shall apply in relation to persons employed in the service of the Crown or otherwise in the discharge of Crown functions as it applies in relation to other persons.

(4) Where a liable person is in the employment of the Crown, a deduction from earnings order may be made under Article 31 in relation to that person; but in such a case paragraph (8) of Article 32 shall apply only in relation to the failure of that person to comply with any requirement imposed on him by regulations made under Article 32.

Amendments, etc.N.I.

51.—(1) The Lord Chancellor or the Department may by order make such amendments or repeals in, or such modifications of, such statutory provisions as may be specified in the order, as appear to the Lord Chancellor or the Department to be necessary or expedient in consequence of any provision made by or under this Order (including any provision made by virtue of Article 1(3)).

(2) Until Schedule 1 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991F35 comes into operation, paragraph 1(1) of Schedule 3 shall have effect with the omission of “and disability appeal tribunals” and the insertion, after “social security appeal tribunals”, of “ and ”.

Para. (3)—Amendments