The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002

Statutory Instrument 2002 No. 771

The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002

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STATUTORY INSTRUMENTS

2002 No. 771
FAMILY LAW
CHILD SUPPORT
The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002

	Made	21st March 2002
	Laid before the House of Commons	26th March 2002
	Coming into force	16th April 2002

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 87(4) and (9) of the Northern Ireland Act 1998[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1. - (1) These Regulations may be cited as the Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002 and shall come into force on 16th April 2002.

    (2) In these Regulations, "the Northern Ireland Regulations" means the Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993[2].

Amendment of regulation 2 of the Northern Ireland Regulations
     2. - (1) Regulation 2 of the Northern Ireland Regulations (adaptation) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1), for the words "Exchange of Letters set out in Schedule 1A" there shall be substituted the words "Exchanges of Letters set out in Schedules 1A and 1B".

    (3) In paragraph (2) -

(a) after the words "column 2 of Schedule 2" there shall be inserted the words "or column 2 of Schedule 3";

(b) after the words "column 1 of Schedule 2" where they first occur there shall be inserted the words "or column 1 of Schedule 3 and for the purposes of the provision of the Family Law Act 1986[

Insertion of Schedule 1B into the Northern Ireland Regulations
     3. After Schedule 1A to the Northern Ireland Regulations (Exchange of Letters), there shall be inserted, as Schedule 1B, the Schedule set out in Schedule 1 to these Regulations.

Amendment of Schedule 2 to the Northern Ireland Regulations
     4. - (1) Schedule 2 to the Northern Ireland Regulations (adaptation) shall be amended in accordance with the following provisions of these Regulations.

    (2) After the entry relating to section 10 there shall be inserted the following entry -

"Section 14A Article 16A Information - offences".

(3) The words "Sections 27 and 28" in column 1, "Article 28" in column 2 and "Declaration of parentage" in column 3 shall be omitted.

Insertion of Schedule 3 to the Northern Ireland Regulations
5. After Schedule 2 to the Northern Ireland Regulations (adaptation) there shall be inserted, as Schedule 3, the Schedule set out in Schedule 2 to these Regulations.

Signed by authority of the Secretary of State for Work and Pensions.

P. Hollis
Parliamentary Under-Secretary of State, Department for Work and Pensions

21st March 2002

SCHEDULE 1Regulation 3

SCHEDULE TO BE INSERTED INTO THE NORTHERN IRELAND REGULATIONS AS SCHEDULE 1B TO THOSE REGULATIONS

" SCHEDULE 1B

Regulation 2(1)

EXCHANGE OF LETTERS AMENDING THE MEMORANDUM OF ARRANGEMENTS RELATING TO THE PROVISION MADE FOR CHILD SUPPORT MAINTENANCE IN THE UNITED KINGDOM

No. 1
THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR WORK AND PENSIONS, WITH THE CONSENT OF THE TREASURY, TO THE MINISTER FOR SOCIAL DEVELOPMENT
11th March 2002

Sir,

I have the honour to refer to the Memorandum of Arrangements relating to the provision made for Child Support Maintenance between the Secretary of State for Social Security of the one part and the Department of Health and Social Services for Northern Ireland of the other part which came into effect on 5th April 1993, as amended in accordance with the Exchange of Letters from the Secretary of State for Social Security to the Department of Health and Social Services for Northern Ireland of 7th November 1995 and from the Department of Health and Social Services for Northern Ireland to the Secretary of State for Social Security of 8th November 1995 (which Memorandum in its amended form is referred to in this letter as "the Principal Memorandum"). I refer also to recent discussions between the Department for Work and Pensions and the Department for Social Development concerning the need to amend the Principal Memorandum so as to make further provision in relation to child support matters.

I now have the honour, with the consent of the Treasury, to propose the following amendments to the Principal Memorandum:

In Article 1 -

" "the 2000 Act" means the Child Support, Pensions and Social Security Act 2000[

" "the Department" means the Department for Social Development;"; and

" "determining authority" means, in relation to Great Britain, the Secretary of State, an appeal tribunal or a Commissioner, and, in relation to Northern Ireland, the Department, an appeal tribunal or a Commissioner;".

After Article 1 there shall be inserted -

1A.

(2) In this Article, "relevant cases" means cases for the purposes of which section 1 of the 2000 Act has come into force or cases for the purposes of which section 1 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[5] has come into operation.".

Article 3 shall be amended as follows -

Article 7(1) shall be amended as follows -

Article 12A shall be amended as follows -

If the foregoing proposals are acceptable to you, I have the honour to propose that this letter and your reply to that effect shall constitute a Memorandum of Arrangements between us which shall come into effect on 16th April 2002.

Signed by authority of the Secretary of State for Work and Pensions

P. Hollis
Parliamentary Under-Secretary of State, Department for Work and Pensions

11th March 2002

We consent.

Anne McGuire

John Heppell
Two of the Lords Commissioners of Her Majesty's Treasury

19th March 2002

No. 2

THE MINISTER FOR SOCIAL DEVELOPMENT, WITH THE CONSENT OF THE DEPARTMENT OF FINANCE AND PERSONNEL, TO THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR WORK AND PENSIONS

" "the Department" means the Department for Social Development;"; and

After Article 1 there shall be inserted -

1A.

Article 3 shall be amended as follows -

Article 7(1) shall be amended as follows -

Article 12A shall be amended as follows -

I have the honour to confirm, with the consent of the Department of Finance and Personnel, that the foregoing proposals are acceptable to the Minister for Social Development, and agree that your letter and this reply shall constitute a Memorandum of Arrangements between us which shall come into effect on 16th April 2002.

Sealed with the Official Seal of the Department for Social Development on 14th March 2002.

Nigel Dodds
Minister for Social Development

The Department of Finance and Personnel hereby consents.

Sealed with the Official Seal of the Department of Finance and Personnel on 19th March 2002.

N. Taylor
Senior Officer of the Department of Finance and Personnel.

SCHEDULE 2Regulation 5

SCHEDULE TO BE INSERTED INTO THE NORTHERN IRELAND REGULATIONS AS SCHEDULE 3 TO THOSE REGULATIONS

" SCHEDULE 3

Regulation 2(2)

ADAPTATION OF THE CHILD SUPPORT ACT 1991 AND THE FAMILY LAW ACT 1986[12] FOR THE PURPOSES OF THE CHILD SUPPORT ACT 1991

Column 1	Column 2	Column 3
Provision of the Child Support Act 1991 ("the 1991 Act") or the Family Law Act 1986 ("the 1986 Act")	Provision of the Matrimonial Proceedings (Northern Ireland) Order 1989[13]	Subject matter
Section 28 of the 1991 Act	Article 31B	Application for declaration of parentage for the purposes of the 1991 Act
Section 55A of the 1986 Act	Article 31B	Application for declaration of parentage for the purposes of the 1991 Act."

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect in Great Britain to amendments made to reciprocal arrangements relating to matters for which provision is made by the Child Support Act 1991 ("the 1991 Act") and, in Northern Ireland, by the Child Support (Northern Ireland) Order 1991 ("the 1991 Order"). The amendments to the arrangements are largely consequential upon amendments to the 1991 Act made by the Social Security Act 1998 ("the 1998 Act") and the Child Support, Pensions and Social Security Act 2000 ("the 2000 Act"), and upon amendments to the 1991 Order made by the Social Security (Northern Ireland) Order 1998 and the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 ("the 2000 Northern Ireland Act"). They make provision for changes in terminology introduced by the 1998 and 2000 Acts and, in Northern Ireland, by the Social Security (Northern Ireland) Order 1998 and the 2000 Northern Ireland Act, and update certain legislative references. The amendments are contained in the Exchange of Letters between the Parliamentary Under-Secretary for Work and Pensions and the Minister for Social Development set out in Schedule 1 to the Regulations.

The Regulations come into force on 16th April 2002, but the changes to terminology consequent upon the amendments made by the 2000 Act and the 2000 Northern Ireland Act will take effect at different times for different cases according to the dates on which section 1 of the 2000 Act and section 1 of the 2000 Northern Ireland Act are commenced for different types of cases.

These Regulations do not impose any costs on business.

Notes:

[1] 1998 c. 47.back

[2] S.I. 1993/584, as amended by S.I. 1995/3261.back

[3] 1986 c. 55.back

[4] 2000 c. 19.back

[5] 2000 c. 4 (N.I.).back

[6] S.I. 1989/677 (N.I. 4).back

[7] 1986 c. 55.back

[8] 2000 c. 19.back

[9] 2000 c. 4 (N.I.).back

[10] S.I. 1989/677 (N.I. 4).back

[11] 1986 c. 55.back

[12] 1986 c. 55.back

[13] S.I. 1989/677 (N.I. 4).back

ISBN 0 11 039594 8

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Prepared 26 March 2002