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PART 2DUTY TO PROVIDE INFORMATION

Information from other persons

4.—(1) The persons listed in paragraph (2) must furnish such information or evidence as is required by the [F1Secretary of State] and is needed—

(a)for the determination of any application made under the 1991 Act or any question arising in connection with such an application;

(b)for the making of any decision, or in connection with the imposition of any condition or requirement, under that Act; or

(c)in connection with the collection or enforcement of child support or other maintenance under that Act.

(2) The persons required to furnish information or evidence are—

(a)subject to regulation 5, the non-resident parent;

(b)a current or previous employer of the non-resident parent;

(c)a person for whom the non-resident parent is providing or has provided services under a contract for services;

(d)a person who acts or has acted as an accountant for the non-resident parent;

(e)a person, other than the applicant, who provides day to day care for a child in respect of whom an application for a maintenance calculation has been made or in respect of whom a maintenance calculation is or has been in force;

(f)a credit reference agency within the meaning given by the Consumer Credit Act 1974 M1;

(g)a local authority in whose area the non-resident parent or the person with care resides or has resided;

(h)persons employed in the service of the Crown or otherwise in the discharge of Crown functions—

(i)under the Road Traffic (Northern Ireland) Order 1981 M2, sections 97 to 99A of the Road Traffic Act 1988 M3 or Part II of the Vehicle Excise and Registration Act 1994 M4; or

(ii)under the Prison Act 1952 M5, the Prison Act (Northern Ireland) 1953 M6 or the Prisons (Scotland) Act 1989 M7;

(i)a person who, in the course of business, may lawfully accept deposits in the United Kingdom;

(j)a person who, within the meaning of the Electricity Act 1989 M8, distributes or supplies electricity;

(k)a person who is the holder of a licence under section 7 of the Gas Act 1986 M9 to convey gas through pipes or the holder of a licence under section 7A(1) of that Act to supply gas through pipes.

[F2(ka)a person (“P”)—

(i)who is carrying on, or who has carried on, share trading or investment management;

(ii)who is communicating, or who has communicated, in the course of business, an invitation or inducement to engage in share trading or investment management;]

[F2(kb)a person (P’s “intermediary”) who has, or who has had, arrangements with P that P is, or was, to—

(i)carry on share trading or investment management;

(ii)communicate, in the course of business, an invitation or inducement to engage in share trading or investment management;]

[F2(kc)except where sub-paragraph (d) applies, a person providing, or who has provided, professional services to the non-resident parent, P or P’s intermediary, in relation to the activities described in sub-paragraph (ka) or (kb);]

[F2(kd)a proprietor of an Academy, where “proprietor” and “Academy” have the same meaning as in section 579 of the Education Act 1996;]

[F3(l)a qualifying lender (within the meaning given in section 19(7) of the Welfare Reform and Work Act 2016);

(m)a trustee, manager or administrator of an occupational [F4, or personal,] pension scheme (within the meaning of section 1(1) of the Pension Schemes Act 1993).]

[F5(n)the Motor Insurers’ Bureau, a company limited by guarantee, or its officers where officer has the meaning given by section 1173(1) of the Companies Act 2006.]

(3) The persons mentioned in paragraph (2) (b) and (c) include persons employed in the service of the Crown or otherwise in the discharge of Crown functions.

[F6(4) For the purposes of this regulation—

“the 2001 Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

“the 2005 Order” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

“carrying on share trading or investment management” means carrying on a regulated activity referred to in—

(a)

any of articles 14, 21, 25, 40, 45 or 53 of the 2001 Order in relation to shares or stock within the meaning of article 76 of that Order;

(b)

article 37 of the 2001 Order,

and an expression referring to this is to be construed accordingly;

“engage in share trading or investment management” means engaging in an activity referred to in—

(a)

any of paragraphs 3, 4, 6, 7 or 11 of Part I of Schedule 1 to 2005 Order in relation to shares or stock within the meaning of paragraph 14 of Part II of Schedule 1 to that Order,

(b)

paragraph 5 of Part I of Schedule 1 to the 2005 Order;

and an expression referring to this is to be construed accordingly;

“communicate” has the same meaning as in section 21(13) of the Financial Services and Markets Act 2000;

“in the course of business” and “invitation or inducement” have the same meanings as in the Financial Services and Markets Act 2000;

“professional services” has the same meaning as in section 327(8) of the Financial Services and Markets Act 2000;

“regulated activity” has the same meaning as in section 22 of the Financial Services and Markets Act 2000.]

Textual Amendments

Marginal Citations

M31988 c. 52. Sections 97 to 99A were amended by the Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), the Road Traffic Act 1991 (c. 40), the Driving Licence (Community Driving Licence) Regulations 1990 S.I. 1990/144, the Driving Licence (Community Driving Licence) Regulations 1996 S.I. 1996/1974, the Driving Licence (Community Driving Licence) Regulations 1998 S.I. 1998/1420 and the Transport Act 2000 (c. 38).