Statutory Instrument 2002 No. 1915 (L. 9)

The Child Support Appeals (Jurisdiction of Courts) Order 2002

---

© Crown Copyright 2002

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Child Support Appeals (Jurisdiction of Courts) Order 2002, ISBN 0 11 042562 6. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) "the Act" means the Child Support Act 1991; and

(b) "the Regulations" means the Social Security and Child Support (Decisions and Appeals) Regulations 1999[3].

    (5) This Order extends to England and Wales only.

Revocation
     2. The Child Support Appeals (Jurisdiction of Courts) Order 1993[4], to the extent to which it applies in England and Wales, is revoked.

Parentage appeals to be made to courts
     3. An appeal under section 20[5] of the Act shall be made to a court instead of to an appeal tribunal in the circumstances mentioned in article 4.

     4. The circumstances are that - 

(a) the appeal will be an appeal under section 20(1)(a) or (b) of the Act;

(b) the determination made by the Secretary of State in making the decision to be appealed against included a determination that a particular person (whether the applicant or some other person) either was, or was not, a parent of the qualifying child in question ("a parentage determination"); and

(c) the ground of the appeal will be that the decision to be appealed against should not have included that parentage determination.

     5. Regulations 31 and 32 of the Regulations shall apply to appeals brought under this Order with the following modifications - 

(a) for the words "an appeal tribunal" shall be substituted "a court";

(b) for the words "legally qualified panel member" and "panel member" shall be substituted "justices' clerk or the court"; and

(c) in regulation 32(10) for the words "such written form as has been approved by the President" shall be substituted "written form".

Irvine of Lairg,
C

20th July 2002

[2] 2000 c. 19.back

[3] S.I. 1999/991, as amended by regulation 22 of S.I. 1999/2570.back

[4] S.I. 1993/961 (L. 12), there are no amendments.back

[5] 1991 c. 48. Section 20 was substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (c. 19).back