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Child Support, Pensions and Social Security Act 2000, SCHEDULE 8 is up to date with all changes known to be in force on or before 01 September 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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Section 83.
1E+W+SIn section 14A(1)(a) of the Births and Deaths Registration Act 1953 (re-registration of birth where notification of declaration of parentage given under section 56(4) of the M1Family Law Act 1986), for “56(4)” there shall be substituted “55A(7) or 56(4)”.
Marginal Citations
F12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 8 para. 2 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
3E+W+SThe Family Law Act 1986 shall be amended as follows.
4E+W+SIn section 55 (declarations as to marital status)—
(a)in subsection (1), for “the court” there shall be substituted “the High Court or a county court”, and
(b)in subsection (3), after “made” there shall be inserted “to a court”.
5E+W+SIn section 56 (declarations as to legitimacy or legitimation)—
(a)in subsections (1) and (2), for “the court” there shall be substituted “the High Court or a county court”, and
(b)in subsection (4), after “made” there shall be inserted “by a court”.
6E+W+SIn section 57(1) (application to the court for declaration as to overseas adoption), for “the court” there shall be substituted “the High Court or a county court”.
7E+W+SIn section 58 (general provisions)—
(a)in subsection (1), after “application” there shall be inserted “to a court”, and
(b)in subsection (3), for “The” there shall be substituted “A”.
8E+W+SIn section 59 (provisions relating to the Attorney-General)—
(a)in subsections (1) and (2), after “an application” there shall be inserted “to a court”, and
(b)in subsection (3), after “any application” there shall be inserted “to a court”.
9E+W+SIn section 23(1) of the Family Law Reform Act 1987—
(a)in subsection (2) to be substituted for section 20(2) of the M2Family Law Reform Act 1969 (report to court about scientific tests), for “person responsible for” there shall be substituted “individual”; and
(b)in subsection (2A) to be inserted in section 20 of that Act (blood tests in proceedings under section 56 of the M3Family Law Act 1986), for “56” there shall be substituted “55A or 56”.
F210E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 8 para. 10 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
11E+W+SThe Child Support Act 1991 shall be amended as follows.
12E+W+SIn section 26(2) (cases where Secretary of State may make maintenance calculation despite denial of parentage), in Case C (where there has been a declaration under section 56 of the M4Family Law Act 1986), after “section” there shall be inserted “55A or”.
Marginal Citations
13E+W+SFor section 27 (declarations of parentage) there shall be substituted—
(1)This section applies where—
(a)an application for a maintenance calculation has been made (or is treated as having been made), or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made or treated as made;
(b)the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and
(c)the Secretary of State or the person with care makes an application for a declaration under section 55A of the M5Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.
(2)Where this section applies—
(a)if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and
(b)if it is the Secretary of State who makes the application, that subsection shall not apply.
(3)This section does not apply to Scotland.”
Marginal Citations
14E+W+SIn section 27A(2)(b) (Secretary of State to recover fees for scientific tests if a court has made a declaration of parentage under section 27), for “section 27” there shall be substituted “section 55A of theFamily Law Act 1986”.
F315E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 8 para. 15 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
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