F2prosp. in pt. subst. 2000 c. 4 (NI)
F3see SR 2001/24 which am. and rep. for the purpose only of making regulations
1. In this Schedule—N.I.
“departure application” means an application for a departure direction;
“regulations” means regulations made by the Department;
Definition rep. by 1998 NI 10
2. Regulations may make provision—N.I.
(a)as to the procedure to be followed in considering a departure application;
(b)as to the procedure to be followed when a departure application is referred to[F4 an appeal tribunal] under Article 28D(1)(b);
(c)for the giving of a direction by the Department as to the order in which, in a particular case,[F4 a decision on a departure application and a decision under Article 18 or 19 are to be made];
(d)for the reconsideration of a departure application in a case where further information becomes available to the Department after the application has been determined.
3. Regulations may provide for determining when the preliminary consideration of a departure application is to be taken to have been completed.N.I.
4.—(1) Regulations may make provision for the use for any purpose of this Order of—N.I.
(a)information acquired by the Department in connection with an application for, or the making of, a departure direction;
(b)information acquired byF5. . . the Department in connection with an application for, or the making of, a maintenance assessment.
(2) If any information which is required (by regulations under this Order) to be furnished to the Department in connection with a departure application has not been furnished within such period as may be prescribed, the Department may nevertheless proceed to determine the application.
5.—(1) A departure direction may be given so as to provide that if the circumstances of the case change in such manner as may be specified in the direction a fresh maintenance assessment is to be made.N.I.
(2) Where any such provision is made, the departure direction may provide for the basis on which the amount of child support maintenance is to be fixed by the fresh maintenance assessment to differ from the basis on which the amount of child support maintenance was fixed by any earlier maintenance assessment made as a result of the direction.
Para. 6 rep. by 1998 NI 10
7.—(1) Regulations may make provision with respect to any departure application made with respect to a maintenance assessment which was made as a result of a departure direction.N.I.
(2) The regulations may, in particular, provide for the application to be considered by reference to the maintenance assessment which would have been made had the departure direction not been given.
8.—(1) Regulations may provide for two or more departure applications with respect to the same current assessment to be considered together.N.I.
(2) [F6An appeal tribunal] considering—
(a)a departure application referred to it under Article 28D(1)(b), or
(b)an appeal under Article 28H,
may consider it at the same time as hearing an appeal under Article 22 in respect of the current assessment, if it considers that to be appropriate.
9.—(1) Regulations may provide that, in prescribed circumstances, where—N.I.
(a)a departure application is referred to[F8 an appeal tribunal] under Article 28D(1)(b), or
(b)an appeal is brought under Article 28H, the application or appeal may be dealt with by a tribunal constituted by the chairman sitting alone.
(2) Sub-paragraph (1) does not apply in relation to any appeal which is being heard together with an appeal under Article 22.
10. Regulations may make provision as to the circumstances in which prescribed references in this Order to a current assessment are to have effect as if they were references to any later maintenance assessment made with respect to the same persons as the current assessment.]N.I.