The basic principles

1 The duty to maintain

(1) For the purposes of this Act, each parent of a qualifying child is responsible for maintaining him.

(2) For the purposes of this Act, an absent parent shall be taken to have met his responsibility to maintain any qualifying child of his by making periodical payments of maintenance with respect to the child of such amount, and at such intervals, as may be determined in accordance with the provisions of this Act.

(3) Where a maintenance assessment made under this Act requires the making of periodical payments, it shall be the duty of the absent parent with respect to whom the assessment was made to make those payments.

2 Welfare of children: the general principle

Where, in any case which falls to be dealt with under this Act, the Secretary of State or any child support officer is considering the exercise of any discretionary power conferred by this Act, he shall have regard to the welfare of any child likely to be affected by his decision.

3 Meaning of certain terms used in this Act

(1) A child is a “qualifying child” if—

(a) one of his parents is, in relation to him, an absent parent; or

(b) both of his parents are, in relation to him, absent parents.

(2) The parent of any child is an “absent parent”, in relation to him, if—

(a) that parent is not living in the same household with the child; and

(b) the child has his home with a person who is, in relation to him, a person with care.

(3) A person is a “person with care”, in relation to any child, if he is a person—

(a) with whom the child has his home;

(b) who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and

(c) who does not fall within a prescribed category of person.

(4) The Secretary of State shall not, under subsection (3)(c), prescribe as a category—

(a) parents;

(b) guardians;

(c) persons in whose favour residence orders under section 8 of the [1989 c. 41.] Children Act 1989 are in force;

(d) in Scotland, persons having the right to custody of a child.

(5) For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.

(6) Periodical payments which are required to be paid in accordance with a maintenance assessment are referred to in this Act as “child support maintenance”.

(7) Expressions are defined in this section only for the purposes of this Act.

4 Child support maintenance

(1) A person who is, in relation to any qualifying child or any qualifying children, either the person with care or the absent parent may apply to the Secretary of State for a maintenance assessment to be made under this Act with respect to that child, or any of those children.

(2) Where a maintenance assessment has been made in response to an application under this section the Secretary of State may, if the person with care or absent parent with respect to whom the assessment was made applies to him under this subsection, arrange for—

(a) the collection of the child support maintenance payable in accordance with the assessment;

(b) the enforcement of the obligation to pay child support maintenance in accordance with the assessment.

(3) Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the Secretary of State to take steps to enforce that obligation whenever he considers it necessary to do so, the Secretary of State may act accordingly.

(4) A person who applies to the Secretary of State under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State or the child support officer being provided with the information which is required to enable—

(a) the absent parent to be traced (where that is necessary);

(b) the amount of child support maintenance payable by the absent parent to be assessed; and

(c) that amount to be recovered from the absent parent.

(5) Any person who has applied to the Secretary of State under this section may at any time request him to cease acting under this section.

(6) It shall be the duty of the Secretary of State to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)).

(7) The obligation to provide information which is imposed by subsection (4)—

(a) shall not apply in such circumstances as may be prescribed; and

(b) may, in such circumstances as may be prescribed, be waived by the Secretary of State.

(8) The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

(9) No application may be made under this section if there is in force with respect to the person with care and absent parent in question a maintenance assessment made in response to an application under section 6.

5 Child support maintenance: supplemental provisions

(1) Where—

(a) there is more than one person with care of a qualifying child; and

(b) one or more, but not all, of them have parental responsibility for (or, in Scotland, parental rights over) the child;

no application may be made for a maintenance assessment with respect to the child by any of those persons who do not have parental responsibility for (or, in Scotland, parental rights over) the child.

(2) Where more than one application for a maintenance assessment is made with respect to the child concerned, only one of them may be proceeded with.

(3) The Secretary of State may by regulations make provision as to which of two or more applications for a maintenance assessment with respect to the same child is to be proceeded with.

6 Applications by those receiving benefit

(1) Where income support, family credit or any other benefit of a prescribed kind is claimed by or in respect of, or paid to or in respect of, the parent of a qualifying child she shall, if—

(a) she is a person with care of the child; and

(b) she is required to do so by the Secretary of State,

authorise the Secretary of State to take action under this Act to recover child support maintenance from the absent parent.

(2) The Secretary of State shall not require a person (“the parent”) to give him the authorisation mentioned in subsection (1) if he considers that there are reasonable grounds for believing that—

(a) if the parent were to be required to give that authorisation; or

(b) if she were to give it,

there would be a risk of her, or of any child living with her, suffering harm or undue distress as a result.

(3) Subsection (2) shall not apply if the parent requests the Secretary of State to disregard it.

(4) The authorisation mentioned in subsection (1) shall extend to all children of the absent parent in relation to whom the parent first mentioned in subsection (1) is a person with care.

(5) That authorisation shall be given, without unreasonable delay, by completing and returning to the Secretary of State an application—

(a) for the making of a maintenance assessment with respect to the qualifying child or qualifying children; and

(b) for the Secretary of State to take action under this Act to recover, on her behalf, the amount of child support maintenance so assessed.

(6) Such an application shall be made on a form (“a maintenance application form”) provided by the Secretary of State.

(7) A maintenance application form shall indicate in general terms the effect of completing and returning it.

(8) Subsection (1) has effect regardless of whether any of the benefits mentioned there is payable with respect to any qualifying child.

(9) A person who is under the duty imposed by subsection (1) shall, so far as she reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State or the child support officer being provided with the information which is required to enable—

(a) the absent parent to be traced;

(b) the amount of child support maintenance payable by the absent parent to be assessed; and

(c) that amount to be recovered from the absent parent.

(10) The obligation to provide information which is imposed by subsection (9)—

(a) shall not apply in such circumstances as may be prescribed; and

(b) may, in such circumstances as may be prescribed, be waived by the Secretary of State.

(11) A person with care who has authorised the Secretary of State under subsection (1) but who subsequently ceases to fall within that subsection may request the Secretary of State to cease acting under this section.

(12) It shall be the duty of the Secretary of State to comply with any request made under subsection (11) (but subject to any regulations made under subsection (13)).

(13) The Secretary of State may by regulations make such incidental or transitional provision as he thinks appropriate with respect to cases in which he is requested under subsection (11) to cease to act under this section.

(14) The fact that a maintenance assessment is in force with respect to a person with care shall not prevent the making of a new maintenance assessment with respect to her in response to an application under this section.

7 Right of child in Scotland to apply for assessment

(1) A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the Secretary of State for a maintenance assessment to be made with respect to him if—

(a) no such application has been made by a person who is, with respect to that child, a person with care or an absent parent; or

(b) the Secretary of State has not been authorised under section 6 to take action under this Act to recover child support maintenance from the absent parent (other than in a case where he has waived any requirement that he should be so authorised).

(2) An application made under subsection (1) shall authorise the Secretary of State to make a maintenance assessment with respect to any other children of the absent parent who are qualifying children in the care of the same person as the child making the application.

(3) Where a maintenance assessment has been made in response to an application under this section the Secretary of State may, if the person with care, the absent parent with respect to whom the assessment was made or the child concerned applies to him under this subsection, arrange for—

(a) the collection of the child support maintenance payable in accordance with the assessment;

(b) the enforcement of the obligation to pay child support maintenance in accordance with the assessment.

(4) Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the Secretary of State to take steps to enforce that obligation whenever he considers it necessary to do so, the Secretary of State may act accordingly.

(5) Where a child has asked the Secretary of State to proceed under this section, the person with care of the child, the absent parent and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State or the child support officer being provided with the information which is required to enable—

(a) the absent parent to be traced (where that is necessary);

(b) the amount of child support maintenance payable by the absent parent to be assessed; and

(c) that amount to be recovered from the absent parent.

(6) The child who has made the application (but not the person having care of him) may at any time request the Secretary of State to cease acting under this section.

(7) It shall be the duty of the Secretary of State to comply with any request made under subsection (6) (but subject to any regulations made under subsection (9)).

(8) The obligation to provide information which is imposed by subsection (5)—

(a) shall not apply in such circumstances as may be prescribed by the Secretary of State; and

(b) may, in such circumstances as may be so prescribed, be waived by the Secretary of State.

(9) The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

8 Role of the courts with respect to maintenance for children

(1) This subsection applies in any case where a child support officer would have jurisdiction to make a maintenance assessment with respect to a qualifying child and an absent parent of his on an application duly made by a person entitled to apply for such an assessment with respect to that child.

(2) Subsection (1) applies even though the circumstances of the case are such that a child support officer would not make an assessment if it were applied for.

(3) In any case where subsection (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and absent parent concerned.

(4) Subsection (3) does not prevent a court from revoking a maintenance order.

(5) The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a written agreement (whether or not enforceable) provides for the making, or securing, by an absent parent of the child of periodical payments to or for the benefit of the child; and

(b) the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

(6) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a maintenance assessment is in force with respect to the child;

(b) the amount of the child support maintenance payable in accordance with the assessment was determined by reference to the alternative formula mentioned in paragraph 4(3) of Schedule 1; and

(c) the court is satisfied that the circumstances of the case make it appropriate for the absent parent to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the maintenance assessment.

(7) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

(b) the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.

(8) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

(a) a disability living allowance is paid to or in respect of him; or

(b) no such allowance is paid but he is disabled,

and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child’s disability.

(9) For the purposes of subsection (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.

(10) This section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.

(11) In this Act “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under—

(a) Part II of the [1973 c. 18.] Matrimonial Causes Act 1973;

(b) the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978;

(c) Part III of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984;

(d) the [1985 c. 37.] Family Law (Scotland) Act 1985;

(e) Schedule 1 to the [1989 c. 41.] Children Act 1989; or

(f) any other prescribed enactment,

and includes any order varying or reviving such an order.

9 Agreements about maintenance

(1) In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.

(2) Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.

(3) The existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a maintenance assessment with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.

(4) Where any agreement contains a provision which purports to restrict the right of any person to apply for a maintenance assessment, that provision shall be void.

(5) Where section 8 would prevent any court from making a maintenance order in relation to a child and an absent parent of his, no court shall exercise any power that it has to vary any agreement so as—

(a) to insert a provision requiring that absent parent to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or

(b) to increase the amount payable under such a provision.

10 Relationship between maintenance assessments and certain court orders and related matters

(1) Where an order of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a maintenance assessment is made, the order—

(a) shall, so far as it relates to the making or securing of periodical payments, cease to have effect to such extent as may be determined in accordance with regulations made by the Secretary of State; or

(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(2) Where an agreement of a kind prescribed for the purposes of this subsection is in force with respect to any qualifying child with respect to whom a maintenance assessment is made, the agreement—

(a) shall, so far as it relates to the making or securing of periodical payments, be unenforceable to such extent as may be determined in accordance with regulations made by the Secretary of State; or

(b) where the regulations so provide, shall, so far as it so relates, have effect subject to such modifications as may be so determined.

(3) Any regulations under this section may, in particular, make such provision with respect to—

(a) any case where any person with respect to whom an order or agreement of a kind prescribed for the purposes of subsection (1) or (2) has effect applies to the prescribed court, before the end of the prescribed period, for the order or agreement to be varied in the light of the maintenance assessment and of the provisions of this Act;

(b) the recovery of any arrears under the order or agreement which fell due before the coming into force of the maintenance assessment,

as the Secretary of State considers appropriate and may provide that, in prescribed circumstances, an application to any court which is made with respect to an order of a prescribed kind relating to the making or securing of periodical payments to or for the benefit of a child shall be treated by the court as an application for the order to be revoked.

(4) The Secretary of State may by regulations make provision for—

(a) notification to be given by the child support officer concerned to the prescribed person in any case where that officer considers that the making of a maintenance assessment has affected, or is likely to affect, any order of a kind prescribed for the purposes of this subsection;

(b) notification to be given by the prescribed person to the Secretary of State in any case where a court makes an order which it considers has affected, or is likely to affect, a maintenance assessment.

(5) Rules may be made under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 (rules of procedure) requiring any person who, in prescribed circumstances, makes an application to a magistrates' court for a maintenance order to furnish the court with a statement in a prescribed form, and signed by a child support officer, as to whether or not, at the time when the statement is made, there is a maintenance assessment in force with respect to that person or the child concerned.

In this subsection—

• “maintenance order” means an order of a prescribed kind for the making or securing of periodical payments to or for the benefit of a child; and

• “prescribed” means prescribed by the rules.

Maintenance assessments

11 Maintenance assessments

(1) Any application for a maintenance assessment made to the Secretary of State shall be referred by him to a child support officer whose duty it shall be to deal with the application in accordance with the provision made by or under this Act.

(2) The amount of child support maintenance to be fixed by any maintenance assessment shall be determined in accordance with the provisions of Part I of Schedule 1.

(3) Part II of Schedule 1 makes further provision with respect to maintenance assessments.

12 Interim maintenance assessments

(1) Where it appears to a child support officer who is required to make a maintenance assessment that he does not have sufficient information to enable him to make an assessment in accordance with the provision made by or under this Act, he may make an interim maintenance assessment.

(2) The Secretary of State may by regulations make provision as to interim maintenance assessments.

(3) The regulations may, in particular, make provision as to—

(a) the procedure to be followed in making an interim maintenance assessment; and

(b) the basis on which the amount of child support maintenance fixed by an interim assessment is to be calculated.

(4) Before making any interim assessment a child support officer shall, if it is reasonably practicable to do so, give written notice of his intention to make such an assessment to—

(a) the absent parent concerned;

(b) the person with care concerned; and

(c) where the application for a maintenance assessment was made under section 7, the child concerned.

(5) Where a child support officer serves notice under subsection (4), he shall not make the proposed interim assessment before the end of such period as may be prescribed.

Child support officers

13 Child support officers

(1) The Secretary of State shall appoint persons (to be known as child support officers) for the purpose of exercising functions—

(a) conferred on them by this Act, or by any other enactment; or

(b) assigned to them by the Secretary of State.

(2) A child support officer may be appointed to perform only such functions as may be specified in his instrument of appointment.

(3) The Secretary of State shall appoint a Chief Child Support Officer.

(4) It shall be the duty of the Chief Child Support Officer to—

(a) advise child support officers on the discharge of their functions in relation to making, reviewing or cancelling maintenance assessments;

(b) keep under review the operation of the provision made by or under this Act with respect to making, reviewing or cancelling maintenance assessments; and

(c) report to the Secretary of State annually, in writing, on the matters with which the Chief Child Support Officer is concerned.

(5) The Secretary of State shall publish, in such manner as he considers appropriate, any report which he receives under subsection (4)(c).

(6) Any proceedings (other than for an offence) in respect of any act or omission of a child support officer which, apart from this subsection, would fall to be brought against a child support officer resident in Northern Ireland may instead be brought against the Chief Child Support Officer.

(7) For the purposes of any proceedings brought by virtue of subsection (6), the acts or omissions of the child support officer shall be treated as the acts or omissions of the Chief Child Support Officer.

Information

14 Information required by Secretary of State

(1) The Secretary of State may make regulations requiring any information or evidence needed for the determination of any application under this Act, or any question arising in connection with such an application, or needed in connection with the collection or enforcement of child support or other maintenance under this Act, to be furnished—

(a) by such persons as may be determined in accordance with regulations made by the Secretary of State; and

(b) in accordance with the regulations.

(2) Where the Secretary of State has in his possession any information acquired by him in connection with his functions under any of the benefit Acts, he may—

(a) make use of that information for purposes of this Act; or

(b) disclose it to the Department of Health and Social Services for Northern Ireland for purposes of any enactment corresponding to this Act and having effect with respect to Northern Ireland.

(3) The Secretary of State may by regulations make provision authorising the disclosure by him or by child support officers, in such circumstances as may be prescribed, of such information held by them for purposes of this Act as may be prescribed.

(4) The provisions of Schedule 2 (which relate to information which is held for purposes other than those of this Act but which is required by the Secretary of State) shall have effect.

15 Powers of inspectors

(1) Where, in a particular case, the Secretary of State considers it appropriate to do so for the purpose of acquiring information which he or any child support officer requires for purposes of this Act, he may appoint a person to act as an inspector under this section.

(2) Every inspector shall be furnished with a certificate of his appointment.

(3) Without prejudice to his being appointed to act in relation to any other case, or being appointed to act for a further period in relation to the case in question, an inspector’s appointment shall cease at the end of such period as may be specified.

(4) An inspector shall have power—

(a) to enter at all reasonable times—

(i) any specified premises, other than premises used solely as a dwelling-house; and

(ii) any premises which are not specified but which are used by any specified person for the purpose of carrying on any trade, profession, vocation or business; and

(b) to make such examination and enquiry there as he considers appropriate.

(5) An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.

(6) If required to do so by an inspector exercising his powers, any person who is or has been—

(a) an occupier of the premises in question;

(b) an employer or an employee working at or from those premises;

(c) carrying on at or from those premises any trade, profession, vocation or business;

(d) an employee or agent of any person mentioned in paragraphs (a) to (c),

shall furnish to the inspector all such information and documents as the inspector may reasonably require.

(7) No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.

(8) On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.

(9) If any person—

(a) intentionally delays or obstructs any inspector exercising his powers; or

(b) without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) In this section—

• “certificate” means a certificate of appointment issued under this section;

• “inspector” means an inspector appointed under this section;

• “powers” means powers conferred by this section; and

• “specified” means specified in the certificate in question.

Reviews and appeals

16 Periodical reviews

(1) The Secretary of State shall make such arrangements as he considers necessary to secure that, where any maintenance assessment has been in force for a prescribed period, the amount of child support maintenance fixed by that assessment (“the original assessment”) is reviewed by a child support officer under this section as soon as is reasonably practicable after the end of that prescribed period.

(2) Before conducting any review under this section, the child support officer concerned shall give, to such persons as may be prescribed, such notice of the proposed review as may be prescribed.

(3) A review shall be conducted under this section as if a fresh application for a maintenance assessment had been made by the person in whose favour the original assessment was made.

(4) On completing any review under this section, the child support officer concerned shall make a fresh maintenance assessment, unless he is satisfied that the original assessment has ceased to have effect or should be brought to an end.

(5) Where a fresh maintenance assessment is made under subsection (4), it shall take effect—

(a) on the day immediately after the end of the prescribed period mentioned in subsection (1); or

(b) in such circumstances as may be prescribed, on such later date as may be determined in accordance with regulations made by the Secretary of State.

(6) The Secretary of State may by regulations prescribe circumstances (for example, where the maintenance assessment is about to terminate) in which a child support officer may decide not to conduct a review under this section.

17 Reviews on change of circumstances

(1) Where a maintenance assessment is in force—

(a) the absent parent or person with care with respect to whom it was made; or

(b) where the application for the assessment was made under section 7, either of them or the child concerned,

may apply to the Secretary of State for the amount of child support maintenance fixed by that assessment (“the original assessment”) to be reviewed under this section.

(2) An application under this section may be made only on the ground that, by reason of a change of circumstance since the original assessment was made, the amount of child support maintenance payable by the absent parent would be significantly different if it were to be fixed by a maintenance assessment made by reference to the circumstances of the case as at the date of the application.

(3) The child support officer to whom an application under this section has been referred shall not proceed unless, on the information before him, he considers that it is likely that he will be required by subsection (6) to make a fresh maintenance assessment if he conducts the review applied for.

(4) Before conducting any review under this section, the child support officer concerned shall give to such persons as may be prescribed, such notice of the proposed review as may be prescribed.

(5) A review shall be conducted under this section as if a fresh application for a maintenance assessment had been made by the person in whose favour the original assessment was made.

(6) On completing any review under this section, the child support officer concerned shall make a fresh maintenance assessment, unless—

(a) he is satisfied that the original assessment has ceased to have effect or should be brought to an end; or

(b) the difference between the amount of child support maintenance fixed by the original assessment and the amount that would be fixed if a fresh assessment were to be made as a result of the review is less than such amount as may be prescribed.

18 Reviews of decisions of child support officers

(1) Where—

(a) an application for a maintenance assessment is refused; or

(b) an application, under section 17, for the review of a maintenance assessment which is in force is refused,

the person who made that application may apply to the Secretary of State for the refusal to be reviewed.

(2) Where a maintenance assessment is in force—

(a) the absent parent or person with care with respect to whom it was made; or

(b) where the application for the assessment was made under section 7, either of them or the child concerned,

may apply to the Secretary of State for the assessment to be reviewed.

(3) Where a maintenance assessment is cancelled the appropriate person may apply to the Secretary of State for the cancellation to be reviewed.

(4) Where an application for the cancellation of a maintenance assessment is refused, the appropriate person may apply to the Secretary of State for the refusal to be reviewed.

(5) An application under this section shall give the applicant’s reasons (in writing) for making it.

(6) The Secretary of State shall refer to a child support officer any application under this section which is duly made; and the child support officer shall conduct the review applied for unless in his opinion there are no reasonable grounds for supposing that the refusal, assessment or cancellation in question—

(a) was made in ignorance of a material fact;

(b) was based on a mistake as to a material fact;

(c) was wrong in law.

(7) The Secretary of State shall arrange for a review under this section to be conducted by a child support officer who played no part in taking the decision which is to be reviewed.

(8) Before conducting any review under this section, the child support officer concerned shall give to such persons as may be prescribed, such notice of the proposed review as may be prescribed.

(9) If a child support officer conducting a review under this section is satisfied that a maintenance assessment or (as the case may be) a fresh maintenance assessment should be made, he shall proceed accordingly.

(10) In making a maintenance assessment by virtue of subsection (9), a child support officer shall, if he is aware of any material change of circumstance since the decision being reviewed was taken, take account of that change of circumstance in making the assessment.

(11) The Secretary of State may make regulations—

(a) as to the manner in which applications under this section are to be made;

(b) as to the procedure to be followed with respect to such applications; and

(c) with respect to reviews conducted under this section.

(12) In this section “appropriate person” means—

(a) the absent parent or person with care with respect to whom the maintenance assessment in question was, or remains, in force; or

(b) where the application for that assessment was made under section 7, either of those persons or the child concerned.

19 Reviews at instigation of child support officers

(1) Where a child support officer is not conducting a review under section 16, 17 or 18 but is nevertheless satisfied that a maintenance assessment which is in force is defective by reason of—

(a) having been made in ignorance of a material fact;

(b) having been based on a mistake as to a material fact; or

(c) being wrong in law,

he may make a fresh maintenance assessment on the assumption that the person in whose favour the original assessment was made has made a fresh application for a maintenance assessment.

(2) Where a child support officer is not conducting such a review but is nevertheless satisfied that if an application were to be made under section 17 or 18 it would be appropriate to make a fresh maintenance assessment, he may do so.

(3) Before making a fresh maintenance assessment under this section, a child support officer shall give to such persons as may be prescribed such notice of his proposal to make a fresh assessment as may be prescribed.

20 Appeals

(1) Any person who is aggrieved by the decision of a child support officer—

(a) on a review under section 18;

(b) to refuse an application for such a review,

may appeal to a child support appeal tribunal against that decision.

(2) Except with leave of the chairman of a child support appeal tribunal, no appeal under this section shall be brought after the end of the period of 28 days beginning with the date on which notification was given of the decision in question.

(3) Where an appeal under this section is allowed, the tribunal shall remit the case to the Secretary of State, who shall arrange for it to be dealt with by a child support officer.

(4) The tribunal may, in remitting any case under this section, give such directions as it considers appropriate.

21 Child support appeal tribunals

(1) There shall be tribunals to be known as child support appeal tribunals which shall, subject to any order made under section 45, hear and determine appeals under section 20.

(2) The Secretary of State may make such regulations with respect to proceedings before child support appeal tribunals as he considers appropriate.

(3) The regulations may in particular make provision—

(a) as to procedure;

(b) for the striking out of appeals for want of prosecution;

(c) as to the persons entitled to appear and be heard on behalf of any of the parties;

(d) requiring persons to attend and give evidence or to produce documents;

(e) about evidence;

(f) for authorising the administration of oaths;

(g) as to confidentiality;

(h) for notification of the result of an appeal to be given to such persons as may be prescribed.

(4) Schedule 3 shall have effect with respect to child support appeal tribunals.

22 Child Support Commissioners

(1) Her Majesty may from time to time appoint a Chief Child Support Commissioner and such number of other Child Support Commissioners as she may think fit.

(2) The Chief Child Support Commissioner and the other Child Support Commissioners shall be appointed from among persons who—

(a) have a 10 year general qualification; or

(b) are advocates or solicitors in Scotland of 10 years' standing.

(3) The Lord Chancellor, after consulting the Lord Advocate, may make such regulations with respect to proceedings before Child Support Commissioners as he considers appropriate.

(4) The regulations—

(a) may, in particular, make any provision of a kind mentioned in section 21(3); and

(b) shall provide that any hearing before a Child Support Commissioner shall be in public except in so far as the Commissioner for special reasons directs otherwise.

(5) Schedule 4 shall have effect with respect to Child Support Commissioners.

23 Child Support Commissioners for Northern Ireland

(1) Her Majesty may from time to time appoint a Chief Child Support Commissioner for Northern Ireland and such number of other Child Support Commissioners for Northern Ireland as she may think fit.

(2) The Chief Child Support Commissioner for Northern Ireland and the other Child Support Commissioners for Northern Ireland shall be appointed from among persons who are barristers or solicitors of not less than 10 years' standing.

(3) Schedule 4 shall have effect with respect to Child Support Commissioners for Northern Ireland, subject to the modifications set out in paragraph 8.

(4) Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the [1973 c. 36.] Northern Ireland Constitution Act 1973, the matters to which this subsection applies shall not be transferred matters for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

(5) Subsection (4) applies to all matters relating to Child Support Commissioners, including procedure and appeals, other than those specified in paragraph 9 of Schedule 2 to the Northern Ireland Constitution Act 1973.

24 Appeal to Child Support Commissioner

(1) Any person who is aggrieved by a decision of a child support appeal tribunal, and any child support officer, may appeal to a Child Support Commissioner on a question of law.

(2) Where, on an appeal under this section, a Child Support Commissioner holds that the decision appealed against was wrong in law he shall set it aside.

(3) Where a decision is set aside under subsection (2), the Child Support Commissioner may—

(a) if he can do so without making fresh or further findings of fact, give the decision which he considers should have been given by the child support appeal tribunal;

(b) if he considers it expedient, make such findings and give such decision as he considers appropriate in the light of those findings; or

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

(4) Any reference under subsection (3) to a child support officer shall, subject to any direction of the Child Support Commissioner, be to a child support officer who has taken no part in the decision originally appealed against.

(5) On a reference under subsection (3) to a child support appeal tribunal, the tribunal shall, subject to any direction of the Child Support Commissioner, consist of persons who were not members of the tribunal which gave the decision which has been appealed against.

(6) No appeal lies under this section without the leave—

(a) of the person who was the chairman of the child support appeal tribunal when the decision appealed against was given or of such other chairman of a child support appeal tribunal as may be determined in accordance with regulations made by the Lord Chancellor; or

(b) subject to and in accordance with regulations so made, of a Child Support Commissioner.

(7) The Lord Chancellor may by regulations make provision as to the manner in which, and the time within which, appeals under this section are to be brought and applications for leave under this section are to be made.

(8) Where a question which would otherwise fall to be determined by a child support officer first arises in the course of an appeal to a Child Support Commissioner, he may, if he thinks fit, determine it even though it has not been considered by a child support officer.

(9) Before making any regulations under subsection (6) or (7), the Lord Chancellor shall consult the Lord Advocate.

25 Appeal from Child Support Commissioner on question of law

(1) An appeal on a question of law shall lie to the appropriate court from any decision of a Child Support Commissioner.

(2) No such appeal may be brought except—

(a) with leave of the Child Support Commissioner who gave the decision or, where regulations made by the Lord Chancellor so provide, of a Child Support Commissioner selected in accordance with the regulations; or

(b) if the Child Support Commissioner refuses leave, with the leave of the appropriate court.

(3) An application for leave to appeal under this section against a decision of a Child Support Commissioner (“the appeal decision”) may only be made by—

(a) a person who was a party to the proceedings in which the original decision, or appeal decision, was given;

(b) the Secretary of State; or

(c) any other person who is authorised to do so by regulations made by the Lord Chancellor.

(4) In this section—

• “appropriate court” means the Court of Appeal unless in a particular case the Child Support Commissioner to whom the application for leave is made directs that, having regard to the circumstances of the case, and in particular the convenience of the persons who may be parties to the appeal, the appropriate court is the Court of Session; and

• “original decision” means the decision to which the appeal decision in question relates.

(5) The Lord Chancellor may by regulations make provision with respect to—

(a) the manner in which and the time within which applications must be made to a Child Support Commissioner for leave under this section; and

(b) the procedure for dealing with such applications.

(6) Before making any regulations under subsection (2), (3) or (5), the Lord Chancellor shall consult the Lord Advocate.

26 Disputes about parentage

(1) Where a person who is alleged to be a parent of the child with respect to whom an application for a maintenance assessment has been made (“the alleged parent”) denies that he is one of the child’s parents, the child support officer concerned shall not make a maintenance assessment on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).

(2) The Cases are —

Case A

Where the alleged parent is a parent of the child in question by virtue of having adopted him.

Case B

Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the [1990 c. 37.] Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors).

Case C

Where—

(a) either—

(i) a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section 56 of the [1986 c. 55.] Family Law Act 1986 (declarations of parentage); or

(ii) a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and

(b) the child has not subsequently been adopted.

Case D

Where—

(a) a declaration to the effect that the alleged parent is one of the parents of the child in question has been made under section 27; and

(b) the child has not subsequently been adopted.

Case E

Where—

(a) the child is habitually resident in Scotland;

(b) the child support officer is satisfied that one or other of the presumptions set out in section 5(1) of the [1986 c. 9.] Law Reform (Parent and Child) (Scotland) Act 1986 applies; and

(c) the child has not subsequently been adopted.

Case F

Where—

(a) the alleged parent has been found, or adjudged, to be the father of the child in question—

(i) in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the [1968 c. 64.] Civil Evidence Act 1968; or

(ii) in affiliation proceedings before any court in the United Kingdom,

(whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and

(b) the child has not subsequently been adopted.

(3) In this section—

• “adopted” means adopted with