In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

Subject to subsections (4) and (5) and section 28ZC, a revision under this section shall take effect as from the date on which the original decision took (or was to take) effect.

Regulations may provide that, in prescribed cases or circumstances, a revision under this section shall take effect as from such other date as may be prescribed.

Where a decision is revised under this section, for the purpose of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

Except in prescribed circumstances, an appeal against a decision of the Secretary of State shall lapse if the decision is revised under this section before the appeal is determined.

In making a decision under subsection (1), the Secretary of State need not consider any issue that is not raised by the application or, as the case may be, did not cause him to act on his own initiative.

Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this section.

Subject to subsection (5) and section 28ZC, a decision under this section shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.

Regulations may provide that, in prescribed cases or circumstances, a decision under this section shall take effect as from such other date as may be prescribed.

Where an application for a maintenance assessment is refused, the person who made that application shall have a right of appeal to an appeal tribunal against the refusal.

A person with a right of appeal under this section shall be given such notice of that right and, in the case of a right conferred by subsection (1) or (3), such notice of the decision as may be prescribed.

The regulations may in particular make any provision of a kind mentioned in Schedule 5 to the Social Security Act 1998.

Her Majesty may from time to time appoint a Chief Child Support Commissioner and such number of other Child Support Commissioners as she may think fit.

The Lord Chancellor, after consulting the Lord Advocate, may make such regulations with respect to proceedings before Child Support Commissioners as he considers appropriate.

Schedule 4 shall have effect with respect to Child Support Commissioners.

Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and such number of other Child Support Commissioners for Northern Ireland as she may think fit.

The Chief Child Support Commissioner for Northern Ireland and the other Child Support Commissioners for Northern Ireland shall be appointed from among persons who are barristers or solicitors of not less than 10 years’ standing.

Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland, subject to the modifications set out in paragraph 8.

Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the M1Northern Ireland Constitution Act 1973, the matters to which this subsection applies shall not be transferred matters for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

Subsection (4) applies to all matters relating to Child Support Commissioners, including procedure and appeals, other than those specified in paragraph 9 of Schedule 2 to the Northern Ireland Constitution Act 1973.

Any person who is aggrieved by a decision of F16an appeal tribunal, and the Secretary of State, may appeal to a Child Support Commissioner on a question of law.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where, on an appeal under this section, a Child Support Commissioner holds that the decision appealed against was wrong in law he shall set it aside.

The reference under subsection (3) to the Secretary of State shall, subject to any direction of the Child Support Commissioner, be to an officer of his, or a person providing him with services, who has taken no part in the decision originally appealed against.

On a reference under subsection (3) to F22an appeal tribunal, the tribunal shall, subject to any direction of the Child Support Commissioner, consist of persons who were not members of the tribunal which gave the decision which has been appealed against.

The Lord Chancellor may by regulations make provision as to the manner in which, and the time within which, appeals under this section are to be brought and applications for leave under this section are to be made.

Where a question which would otherwise fall to be determined by F25the Secretary of State first arises in the course of an appeal to a Child Support Commissioner, he may, if he thinks fit, determine it even though it has not been considered by F25the Secretary of State.

Before making any regulations under subsection (6) or (7), the Lord Chancellor shall consult the Lord Advocate.

An appeal on a question of law shall lie to the appropriate court from any decision of a Child Support Commissioner.

The Child Support Commissioner to whom an application for leave to appeal under this section is made shall specify as the appropriate court either the Court of Appeal or the Court of Session.

In determining the appropriate court, the Child Support Commissioner shall have regard to the circumstances of the case, and in particular the convenience of the persons who may be parties to the appeal.

In this section—

• “appropriate court”F2, except in subsections (3A) and (3B), means the court specified in accordance with those subsections; and

• “original decision” means the decision to which the appeal decision in question relates.

Before making any regulations under subsection (2), (3) or (5), the Lord Chancellor shall consult the Lord Advocate.

Where a person who is alleged to be a parent of the child with respect to whom an application for a maintenance assessment has been made (“the alleged parent”) denies that he is one of the child’s parents, F26the Secretary of State shall not make a maintenance assessment on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).

The Cases are —

• Case A

  Where the alleged parent is a parent of the child in question by virtue of having adopted him.

• Case B

  Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the M2Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors).

• Case C

  Where—

  1. a

     either—

     1. i

        a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section 56 of the M3Family Law Act 1986 F9or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations of parentage); or

     2. ii

        a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and

  2. b

     the child has not subsequently been adopted.

• Case D

  Where—

  1. a

     a declaration to the effect that the alleged parent is one of the parents of the child in question has been made under section 27; and

  2. b

     the child has not subsequently been adopted.

• Case E

  Where—

  1. a

     the child is habitually resident in Scotland;

  2. b

     F27the Secretary of State is satisfied that one or other of the presumptions set out in section 5(1) of the M4Law Reform (Parent and Child) (Scotland) Act 1986 applies; and

  3. c

     the child has not subsequently been adopted.

• Case F

  Where—

  1. a

     the alleged parent has been found, or adjudged, to be the father of the child in question—

     1. i

        in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the M5Civil Evidence Act 1968 F10or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971; or

     2. ii

        in affiliation proceedings before any court in the United Kingdom,

     (whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and

  2. b

     the child has not subsequently been adopted.

In this section—

• “adopted” means adopted within the meaning of Part IV of the M6Adoption Act 1976 or, in relation to Scotland, Part IV of the M7Adoption (Scotland) Act 1978; and

• “affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.

In any case where this subsection applies, the Secretary of State or the person with care may apply to the court for a declaration as to whether or not the alleged parent is one of the child’s parents.

If, on hearing any application under subsection F4(1A), the court is satisfied that the alleged parent is, or is not, a parent of the child in question it shall make a declaration to that effect.

In this section “court” means, subject to any provision made under Schedule 11 to the M8Children Act 1989 (jurisdiction of courts with respect to certain proceedings relating to children) the High Court, a county court or a magistrates’ court.

In the definition of “relevant proceedings” in section 12(5) of the Civil Evidence Act 1968 (findings of paternity etc. as evidence in civil proceedings) the following paragraph shall be added at the end—

This section does not apply to Scotland.

In any case to which this section applies, any fee paid by the Secretary of State in connection with scientific tests may be recovered by him from the alleged parent as a debt due to the Crown.

In this section—

• “bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

• “direction” means a direction given by a court under section 20 of the Family Law Reform Act 1969 (tests to determine paternity);

• “request” means a request made by a court under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (blood and other samples in civil proceedings); and

• “scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

Any sum recovered by the Secretary of State under this section shall be paid by him into the Consolidated Fund.

In any case where this subsection applies, the Secretary of State may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.

The Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a maintenance assessment F7or in a maintenance assessment which is in force.

This section applies to Scotland only.