(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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 within the meaning of Part IV of the [1976 c. 36.] Adoption Act 1976 or, in relation to Scotland, Part IV of the [1978 c. 28.] Adoption (Scotland) Act 1978; and
“affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.
(1) Where—
(a) a child support officer is considering whether to make a maintenance assessment with respect to a person who is alleged to be a parent of the child, or one of the children, in question (“the alleged parent”);
(b) the alleged parent denies that he is one of the child’s parents; and
(c) the child support officer is not satisfied that the case falls within one of those set out in section 26(2),
the Secretary of State or the person with care may apply to the court for a declaration as to whether or not the alleged parent is one of the child’s parents.
(2) If, on hearing any application under subsection (1), the court is satisfied that the alleged parent is, or is not, a parent of the child in question it shall make a declaration to that effect.
(3) A declaration under this section shall have effect only for the purposes of this Act.
(4) In this section “court” means, subject to any provision made under Schedule 11 to the [1989 c. 41.] Children Act 1989 (jurisdiction of courts with respect to certain proceedings relating to children) the High Court, a county court or a magistrates' court.
(5) In the definition of “relevant proceedings” in section 12(5) of the Civil Evidence Act 1968 (findings of paternity etc. as evidence in civil proceedings) the following paragraph shall be added at the end—
“(d) section 27 of the Child Support Act 1991.”
(6) This section does not apply to Scotland.