Reviews and appeals

I1C124 Appeal to Child Support Commissioner.

F111

Each of the following may appeal to a Child Support Commissioner on a question of law—

a

the Commission,

b

the Secretary of State, and

c

any person who is aggrieved by the decision of an appeal tribunal.

F21A

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2

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.

3

Where a decision is set aside under subsection (2), the Child Support Commissioner may—

a

if he can do so without making fresh or further findings of fact, give the decision which he considers should have been given by F3the appeal tribunal;

b

if he considers it expedient, make such findings and give such decision as he considers appropriate in the light of those findings; or

F1c

on an appeal by F12the Commission or the Secretary of State, refer the case to F4an appeal tribunal with directions for its determination; or

d

on any other appeal, refer the case to F13the Commission orF5the Secretary of State or, if he considers it appropriate, to F4an appeal tribunal with directions for its determination.

F64

The reference under subsection (3) to F14the Commission or the Secretary of State shall, subject to any direction of the Child Support Commissioner, be F15to an officer of, or a person providing services to, the Commission or the Secretary of State, who has taken no part in the decision originally appealed against.

5

On a reference under subsection (3) to F7an 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.

6

No appeal lies under this section without the leave—

a

of the person F8who constituted, or was the chairman of, the appeal tribunal when the decision appealed against was given or of F9such other person as may be determined in accordance with regulations made by the Lord Chancellor; or

b

subject to and in accordance with regulations so made, of a Child Support Commissioner.

7

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.

8

Where a question which would otherwise fall to be determined by F16the Commission orF10the 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 F16the Commission orF10the Secretary of State.

C2C39

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