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SCHEDULES

SCHEDULE 7Minor and consequential amendments

Child Support Act 1991 (c. 48)

18In section 2 of the Child Support Act (welfare of children: the general principle), the words “or any child support officer” shall cease to have effect.

Commencement Information

I1Sch. 7 para. 18 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

19In subsection (4) of section 4 of that Act (child support maintenance), the words “or the child support officer” shall cease to have effect.

Commencement Information

I2Sch. 7 para. 19 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 7 para. 20 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

21In subsection (5) of section 7 of that Act (right of child in Scotland to apply for assessment), the words “or the child support officer” shall cease to have effect.

Commencement Information

I3Sch. 7 para. 21 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

22In subsections (1) and (2) of section 8 of that Act (role of courts with respect to maintenance for children), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I4Sch. 7 para. 22 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

23(1)In subsection (4) of section 10 of that Act (relationship between maintenance assessments and certain court orders)—

(a)for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”; and

(b)for the words “that officer” there shall be substituted the word “he”.

(2)In subsection (5) of that section, for the words “a child support officer” there shall be substituted the words “an officer of the Secretary of State”.

Commencement Information

I5Sch. 7 para. 23 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 7 para. 25 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

26Section 13 of that Act (child support officers) shall cease to have effect.

Commencement Information

I6Sch. 7 para. 26 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

27In section 14 of that Act (information required by Secretary of State)—

(a)subsections (2) and (2A) shall cease to have effect; and

(b)in subsection (3), the words “or by child support officers” shall cease to have effect and for the word “them” there shall be substituted the word “him”.

Commencement Information

I7Sch. 7 para. 27(a) in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

I8Sch. 7 para. 27 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29In subsection (4)(a) of section 22 of that Act (Child Support Commissioners), for the words “section 21(3)” there shall be substituted the words “Schedule 5 to the Social Security Act 1998”.

Commencement Information

I9Sch. 7 para. 29 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

30(1)In subsection (1) of section 24 of that Act (appeal to Child Support Commissioner), for the words “a child support appeal tribunal, and any child support officer” there shall be substituted the words “an appeal tribunal, and the Secretary of State”.

(2)Subsection (1A) of that section shall cease to have effect.

(3)In subsection (3) of that section—

(a)for the words “the child support appeal tribunal” there shall be substituted the words “the appeal tribunal”;

(b)for the words “a child support appeal tribunal”, in both places where they occur, there shall be substituted the words “an appeal tribunal”; and

(c)for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

(4)For subsection (4) of that section there shall be substituted the following subsection—

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

(5)In subsection (5) of that section, for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.

(6)In subsection (6) of that section—

(a)for the words “who was the chairman of the child support appeal tribunal” there shall be substituted the words “who constituted, or was the chairman of, the appeal tribunal”; and

(b)for the words “such other chairman of a child support appeal tribunal” there shall be substituted the words “such other person”.

(7)In subsection (8) of that section, for the words “a child support officer”, in both places where they occur, there shall be substituted the words “the Secretary of State”.

Commencement Information

I10Sch. 7 para. 30 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

31(1)In subsection (1) of section 26 of that Act (disputes about parentage), for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”.

(2)In subsection (2) of that section, in Case E, for the words “the child support officer” there shall be substituted the words “the Secretary of State”.

Commencement Information

I11Sch. 7 para. 31 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F532. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33In subsection (1) of section 28 of that Act (power of Secretary of State to initiate or defend actions of declarator: Scotland), for the words “a child support officer to whom the case is referred” there shall be substituted the words “the Secretary of State”.

Commencement Information

I12Sch. 7 para. 33 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F634. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 7 para. 34 repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F735. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36In subsections F8... (3) of section 28D of that Act (determination of applications), for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.

Textual Amendments

Commencement Information

I13Sch. 7 para. 36 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F937. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1038. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41In subsection (1) of section 44 of that Act (jurisdiction), for the words “A child support officer” there shall be substituted the words “The Secretary of State”.

Commencement Information

I14Sch. 7 para. 41 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

42(1)In subsection (1) of section 45 of that Act (jurisdiction of courts in certain proceedings under this Act), for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.

(2)In subsection (6) of that section, for the words “child support appeal tribunals” there shall be substituted the words “appeal tribunals”.

Commencement Information

I15Sch. 7 para. 42 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F1343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44After that section there shall be inserted the following sections—

46AFinality of decisions

(1)Subject to the provisions of this Act, any decision of the Secretary of State or an appeal tribunal made in accordance with the foregoing provisions of this Act shall be final.

(2)If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—

(a)further such decisions;

(b)decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and

(c)decisions made under the [1979 c. 17.] Vaccine Damage Payments Act 1979.

46BMatters arising as respects decisions

(1)Regulations may make provision as respects matters arising pending—

(a)any decision of the Secretary of State under section 11, 12 or 17;

(b)any decision of an appeal tribunal under section 20; or

(c)any decision of a Child Support Commissioner under section 24.

(2)Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).

(3)Any reference in this section to section 16, 17 or 20 includes a reference to that section as extended by Schedule 4C.

Commencement Information

I16Sch. 7 para. 44 in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I17Sch. 7 para. 44 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

45In subsection (5) of section 50 of that Act (unauthorised disclosure of information), in paragraph (c), after the words “other officer of,” there shall be inserted the words “an appeal tribunal or”.

Commencement Information

I18Sch. 7 para. 45 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iii) (with arts. 48-51)

F1446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47In section 54 of that Act (interpretation)—

(a)the following definition shall be inserted in the appropriate place—

“appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998;;

(b)the definitions of “adjudication officer”, “Chief Adjudication Officer”, “Chief Child Support Officer”, “child support appeal tribunal” and “child support officer” shall cease to have effect.

Commencement Information

I19Sch. 7 para. 47 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)

I20Sch. 7 para. 47(a) in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(iv) (with arts. 48-51)

I21Sch. 7 para. 47(b) in force at 1.6.1999 for specified purposes by S.I. 1999/1510, art. 2(g)(iv) (with arts. 48-51)

48F15(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In paragraph 15 of that Schedule (separate assessments for different periods), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.

(5)In paragraph 16 of that Schedule (termination of assessments)—

F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in sub-paragraph (10), the words “or a child support officer” shall cease to have effect.

Textual Amendments

Commencement Information

I22Sch. 7 para. 48 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(v) (with arts. 48-51)

49Paragraph 2 of Schedule 2 to that Act (local authority records) shall cease to have effect.

Commencement Information

I23Sch. 7 para. 49 in force at 8.9.1998 by S.I. 1998/2209, art. 2(a), Sch. Pt. I

50Schedule 3 to that Act (child support appeal tribunals) shall cease to have effect.

Commencement Information

I24Sch. 7 para. 50 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(v) (with arts. 48-51)

51In paragraph 2A of Schedule 4 to that Act (Child Support Commissioners), for sub-paragraph (1) there shall be substituted the following sub-paragraph—

(1)The Lord Chancellor or, in Scotland, the Secretary of State may pay to any person who attends any proceedings before a Child Support Commissioner such travelling and other allowances as he may determine.

Commencement Information

I25Sch. 7 para. 51 in force at 1.6.1999 by S.I. 1999/1510, art. 2(g)(v) (with arts. 48-51)

52(1)In sub-paragraph (1) of paragraph 5 of Schedule 4 to that Act (Child Support Commissioners)—

(a)for the words “that an appeal” there shall be substituted the words that—

(a)an application for leave under section 24(6)(b); or

(b)an appeal,;

(b)for the words “that the appeal” there shall be substituted the words “that the application or appeal”; and

(c)after the words “any three” there shall be inserted the words “or more”.

(2)At the end of sub-paragraph (2) of that paragraph there shall be inserted the words “; and the presiding Child Support Commissioner shall have a casting vote if the votes are equally divided”.

(3)After that sub-paragraph there shall be inserted the following sub-paragraph—

(3)Where a direction is given under sub-paragraph (1)(a), section 24(6)(b) shall have effect as if the reference to a Child Support Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (1).

(4)For paragraph 6(2) of that Schedule there shall be substituted the following sub-paragraph—

(2)If and to the extent that regulations so provide, any finding of fact or other determination which is embodied in or necessary to a decision, or on which a decision is based, shall be conclusive for the purposes of any further decision.

Commencement Information

I26Sch. 7 para. 52 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(g)(v) (with arts. 48-51)

I27Sch. 7 para. 52(4) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

F1753. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1854. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .