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Child Support Act 1991
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Changes over time for: Section 52
Version Superseded: 03/08/2009
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Child Support Act 1991, Section 52 is up to date with all changes known to be in force on or before 16 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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52 Regulations and orders.E+W+S
(1)Any power conferred on F1... the Lord Advocate or the Secretary of State by this Act to make regulations or orders (other than a deduction from earnings order) shall be exercisable by statutory instrument.
[F2(2)No statutory instrument containing (whether alone or with other provisions) regulations made under—
(a)section F3... 12(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in section 12(5)(b)), 28C(2)(b), 28F(2)(b), 30(5A), [F432A to 32C, 32E to 32J,] 41(2), 41A, 41B(6), 43(1), 44(2A)(d) F3... or 47;
(b)paragraph 3(2) or 10A(1) of Part I of Schedule 1; or
(c)Schedule 4B,
or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
(2A)No statutory instrument containing (whether alone or with other provisions) the first set of regulations made under paragraph 10(1) of Part I of Schedule 1 as substituted by section 1(3) of the Child Support, Pensions and Social Security Act 2000 shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.]
(3)Any other statutory instrument made under this Act (except an order made under section 58(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Any power of a kind mentioned in subsection (1) may be exercised—
(a)in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case;
(b)so as to make, as respects the cases in relation to which it is exercised—
(i)the full provision to which it extends or any lesser provision (whether by way of exception or otherwise);
(ii)the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;
(iii)provision which is either unconditional or is subject to any specified condition;
(c)so to provide for a person to exercise a discretion in dealing with any matter.
Textual Amendments
F1Words in s. 52(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)
F2S. 52(2)(2A) substituted for s. 52(2) (10.11.2000 for specified purposes, 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 25, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/2994, art. 2, Sch. Pt. 1; S.I. 2003/192, art. 3, Sch.
F3Words in s. 52(2) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
F4Words in s. 52(2)(a) inserted (1.6.2009 for specified purposes) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 7 para. 1(22)(a); S.I. 2009/1314, art. 2(1)(d)
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