Child Support Act 1995

Child Support Act 1991 (c. 48) E+W+S

2 E+W+S The 1991 Act is amended as follows.

3 (1) In section 14 (information required by Secretary of State), after subsection (1) insert— E+W+S

“(1A) Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.”

(2) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 para. 3(2) repealed (8.9.1998) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1998/2209, art. 2(a), Sch. Pt. I

Commencement Information

I1 Sch. 3 para. 3 wholly in force at 1.10.1995; Sch. 3 para. 3 not in force at Royal Assent see s. 30(4); Sch. 3 para. 3(2) in force at 4.9.1995 by S.I. 1995/2302, art. 2(1), Sch. Pt. I and Sch. 3 para. 3(1) in force at 1.10.1995 by S.I. 1995/2302, art. 2(2), Sch. Pt. II

F2 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 para. 4 repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/1510, Pt. I art. 2 (f)(iii)

F3 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 para. 5 repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/1510, Pt. I art. 2(f)(iii)

F4 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 6 repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S. I. 1999/ 1510, Pt. I art. 2(f)(iii)

7 (1) Section 24 (appeal to Child Support Commissioner) is amended as follows. E+W+S

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3), for paragraph (c) substitute—

“(c) on an appeal by the Secretary of State, refer the case to a child support appeal tribunal with directions for its determination; or

(d) on any other appeal, refer the case to a child support officer or, if he considers it appropriate, to a child support appeal tribunal with directions for its determination.”

Textual Amendments

F5 Sch. 3 para. 7(2) repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/ 1510, Pt. I art. 2(f)(iii)

8 (1) In section 25 (appeal from Child Support Commissioner on question of law), insert after subsection (3)— E+W+S

“(3A) 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.”

(2) In the definition of “appropriate court” in subsection (4) of that section, for the words from “means” to “Session” substitute “ , except in subsections (3A) and (3B), means the court specified in accordance with those subsections ”.

Prospective

9 E+W+S F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 3 para. 9 repealed (1.6.2009) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 58, 62, Sch. 8; S.I. 2009/1314, art. 2(2)(c)(ii)

10 E+W+S In section 33 (liability orders), at the end add—

“(5) If the Secretary of State designates a liability order for the purposes of this subsection it shall be treated as a judgment entered in a county court for the purposes of section 73 of the County Courts Act 1984 (register of judgments and orders).”

11 E+W+S In section 41 (retention by Secretary of State of arrears recovered by him in benefit cases) for subsection (2) substitute—

“(2) Where the Secretary of State recovers any such arrears he may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if he is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the absent parent made the payment or payments of child support maintenance in question.

(2A) In determining for the purposes of subsection (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the maintenance assessment had effect from a date earlier than that on which it was made, the assessment shall be taken to have been in force at that time.”

[F7 12 E+W+S In section 46(5) (circumstances in which child support officer may give a reduced benefit direction), after “may” insert “ , except in prescribed circumstances, ”.]

Textual Amendments

F7 Sch. 3 para. 12 repealed (3.3.2003 for certain purposes) by 2000 c. 19, ss. 85, 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

Prospective

13 E+W+S In section 47 (fees), in subsections (1) and (2) in each case after “takes” insert “ , or proposes to take, ”.

14 E+W+S In section 48(1) (power of Secretary of State to confer right of audience), for “person authorised” substitute “ officer of the Secretary of State who is authorised ”.

[F8 15 E+W+S In section 52(2) (statutory instruments subject to affirmative resolution control)—

(a) after “12(2),” insert “ 28C(2)(b), 28F(3), 30(5A) ”;

(b) after “or (4)” insert “ 41A, 41B(6) ”; and

(c) after “Schedule 1” insert “ or under Schedule 4B ”.]

Textual Amendments

F8 Sch. 3 para. 15 repealed (3.3.2003 for certain purposes) by 2000 c. 19, ss. 85, 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

16 E+W+S In section 54 (interpretation), insert the following definitions in the appropriate places—

• ““application for a departure direction” means an application under section 28A;

• “current assessment”, in relation to an application for a departure direction, means (subject to any regulations made under paragraph 10 of Schedule 4A) the maintenance assessment with respect to which the application is made;

• “departure direction” has the meaning given in section 28A; and

• “parent with care” means a person who is, in relation to a child, both a parent and a person with care.”

F9 17 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 3 para. 17 repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/1510, Pt. I art. 2(f)(iii)

18 U.K. F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 3 para. 18 repealed (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 228(c)

19 (1) In paragraph 3(2) of Schedule 5 (amendment of the M1 House of Commons Disqualification Act 1975), after “Part I” insert “ of Schedule 1 ”. U.K.

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In paragraph 4(1) of Schedule 5 (amendment of the M2 Northern Ireland Assembly Disqualification Act 1975), after “Part I of” insert “ Schedule 1 to ”.

Textual Amendments

F11 Sch. 3 para. 19(2) repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/ 1510, Pt. I art. 2(f)(iii)

Marginal Citations

M1 1975 c. 24.

M2 1975 c. 25.