[F1(1)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.]
F2(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
[F4(c)on an appeal by [F5the Commission or] the Secretary of State, refer the case to [F6an appeal tribunal] with directions for its determination; or
(d)on any other appeal, refer the case to [F7the Commission or] [F8the Secretary of State] or, if he considers it appropriate, to [F6an appeal tribunal] with directions for its determination.]
[F9(4)The reference under subsection (3) to [F10the Commission or] the Secretary of State shall, subject to any direction of the Child Support Commissioner, be [F11to 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 [F12an 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 [F13who constituted, or was the chairman of, the appeal tribunal] when the decision appealed against was given or of [F14such 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 [F15the Commission or] [F16the 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 [F15the Commission or] [F16the Secretary of State].
(9)Before making any regulations under subsection (6) or (7), the Lord Chancellor shall consult the Lord Advocate.
Textual Amendments
F1S. 24(1) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(2); S.I. 2008/2675, art. 3(b)
F2S. 24(1A) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(2), Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)
F3Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(a); S.I. 1999/1510, art. 2(g)(iii)
F4S. 24(3)(c)(d) substituted for s. 24(3)(c) (2.12.1996) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 7(3); S.I. 1996/2630, art. 2, Sch. Pt. 2
F5Words in s. 24(3)(c) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(3); S.I. 2008/2675, art. 3(b)
F6Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(b); S.I. 1999/1510, art. 2(g)(iii)
F7Words in s. 24(3)(d) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(3); S.I. 2008/2675, art. 3(b)
F8Words in s. 24(3) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(3)(c); S.I. 1999/1510, art. 2(g)(iii)
F9S. 24(4) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(4); S.I. 1999/1510, art. 2(g)(iii)
F10Words in s. 24(4) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(4)(a); S.I. 2008/2675, art. 3(b)
F11Words in s. 24(4) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(4)(b); S.I. 2008/2675, art. 3(b)
F12Words in s. 24(5) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(5); S.I. 1999/1510, art. 2(g)(iii)
F13Words in s. 24(6) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(6)(a); S.I. 1999/1510, art. 2(g)(iii)
F14Words in s. 24(6) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(6)(b); S.I. 1999/1510, art. 2(g)(iii)
F15Words in s. 24(8) inserted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 16(5); S.I. 2008/2675, art. 3(b)
F16Words in s. 24(8) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 30(7); S.I. 1999/1510, art. 2(g)(iii)
Modifications etc. (not altering text)
C1S. 24: transfer of functions (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.
C2S. 24(9) functions treated as exercisable in Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 12
C3S. 24(9): transfer of functions in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7)
Commencement Information
I1S. 24 wholly in force; s. 24 not in force at Royal Assent see s. 58(2); s. 24(6)(7) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 24(9) in force at 1.9.1992 by S.I. 1992/1938, art. 2; s. 24 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2