Reviews and appeals

I1C125 Appeal from Child Support Commissioner on question of law.

1

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

2

No such appeal may be brought except—

a

with leave of the Child Support Commissioner who gave the decision or, where regulations made by the Lord Chancellor so provide, of a Child Support Commissioner selected in accordance with the regulations; or

b

if the Child Support Commissioner refuses leave, with the leave of the appropriate court.

3

An application for leave to appeal under this section against a decision of a Child Support Commissioner (“the appeal decision”) may only be made by—

a

a person who was a party to the proceedings in which the original decision, or appeal decision, was given;

b

the Secretary of State; or

c

any other person who is authorised to do so by regulations made by the Lord Chancellor.

F13A

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.

3B

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.

4

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.

5

The Lord Chancellor may by regulations make provision with respect to—

a

the manner in which and the time within which applications must be made to a Child Support Commissioner for leave under this section; and

b

the procedure for dealing with such applications.

C2C36

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