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Child Support Act 1995

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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Child Support Act 1995, SCHEDULE 3 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 3:

Section 30(5).

SCHEDULE 3E+W+S Minor and Consequential Amendments

Income and Corporation Taxes Act 1988 (c. 1)U.K.

1U.K.F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 3 para. 1 repealed (with effect as mentioned in s. 723(1) (subject to s. 723(2))) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 724, Sch. 8 (subject to Sch. 7)

Commencement Information

I1Sch. 3 para. 1 wholly in force at 14.10.1996; Sch. 3 para. 1 not in force at Royal Assent see s. 30(4); Sch. 3 para. 1 in force at 1.10.1995 for certain purposes by S.I. 1995/2302, art. 2(2), Sch. Pt. II; Sch. 3 para. 1 wholly in force at 14.10.1996 by S.I. 1996/2630, art. 2(1), Sch. Pt. I

Child Support Act 1991 (c. 48)E+W+S

2E+W+SThe 1991 Act is amended as follows.

3(1)In section 14 (information required by Secretary of State), after subsection (1) insert—E+W+S

(1A)Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.

(2)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Sch. 3 para. 3 wholly in force at 1.10.1995; Sch. 3 para. 3 not in force at Royal Assent see s. 30(4); Sch. 3 para. 3(2) in force at 4.9.1995 by S.I. 1995/2302, art. 2(1), Sch. Pt. I and Sch. 3 para. 3(1) in force at 1.10.1995 by S.I. 1995/2302, art. 2(2), Sch. Pt. II

F34E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 3 para. 6 repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S. I. 1999/ 1510, Pt. I art. 2(f)(iii)

7(1)Section 24 (appeal to Child Support Commissioner) is amended as follows.E+W+S

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (3), for paragraph (c) substitute—

(c)on an appeal by the Secretary of State, refer the case to a child support appeal tribunal with directions for its determination; or

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

Textual Amendments

F6Sch. 3 para. 7(2) repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/ 1510, Pt. I art. 2(f)(iii)

8(1)In section 25 (appeal from Child Support Commissioner on question of law), insert after subsection (3)—E+W+S

(3A)The Child Support Commissioner to whom an application for leave to appeal under this section is made shall specify as the appropriate court either the Court of Appeal or the Court of Session.

(3B)In determining the appropriate court, the Child Support Commissioner shall have regard to the circumstances of the case, and in particular the convenience of the persons who may be parties to the appeal.

(2)In the definition of “appropriate court” in subsection (4) of that section, for the words from “means” to “Session” substitute “ , except in subsections (3A) and (3B), means the court specified in accordance with those subsections ”.

Prospective

9E+W+SF7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10E+W+SIn section 33 (liability orders), at the end add—

(5)If the Secretary of State designates a liability order for the purposes of this subsection it shall be treated as a judgment entered in a county court for the purposes of section 73 of the County Courts Act 1984 (register of judgments and orders).

11E+W+SIn section 41 (retention by Secretary of State of arrears recovered by him in benefit cases) for subsection (2) substitute—

(2)Where the Secretary of State recovers any such arrears he may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if he is satisfied that the amount of any benefit paid to or in respect of the person with care of the child or children in question would have been less had the absent parent made the payment or payments of child support maintenance in question.

(2A)In determining for the purposes of subsection (2) whether the amount of any benefit paid would have been less at any time than the amount which was paid at that time, in a case where the maintenance assessment had effect from a date earlier than that on which it was made, the assessment shall be taken to have been in force at that time.

[F812E+W+SIn section 46(5) (circumstances in which child support officer may give a reduced benefit direction), after “may” insert “ , except in prescribed circumstances, ”.]

Textual Amendments

F8Sch. 3 para. 12 repealed (3.3.2003 for certain purposes) by 2000 c. 19, ss. 85, 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

Prospective

13E+W+SIn section 47 (fees), in subsections (1) and (2) in each case after “takes” insert “ , or proposes to take, ”.

14E+W+SIn section 48(1) (power of Secretary of State to confer right of audience), for “person authorised” substitute “ officer of the Secretary of State who is authorised ”.

[F915E+W+SIn section 52(2) (statutory instruments subject to affirmative resolution control)—

(a)after “12(2),” insert “ 28C(2)(b), 28F(3), 30(5A) ”;

(b)after “or (4)” insert “ 41A, 41B(6) ”; and

(c)after “Schedule 1” insert “ or under Schedule 4B ”.]

Textual Amendments

F9Sch. 3 para. 15 repealed (3.3.2003 for certain purposes) by 2000 c. 19, ss. 85, 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

16E+W+SIn section 54 (interpretation), insert the following definitions in the appropriate places—

  • application for a departure direction” means an application under section 28A;

  • current assessment”, in relation to an application for a departure direction, means (subject to any regulations made under paragraph 10 of Schedule 4A) the maintenance assessment with respect to which the application is made;

  • departure direction” has the meaning given in section 28A; and

  • parent with care” means a person who is, in relation to a child, both a parent and a person with care.

F1017E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18U.K.F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19(1)In paragraph 3(2) of Schedule 5 (amendment of the M1House of Commons Disqualification Act 1975), after “Part I” insert “ of Schedule 1 ”.U.K.

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph 4(1) of Schedule 5 (amendment of the M2Northern Ireland Assembly Disqualification Act 1975), after “Part I of” insert “ Schedule 1 to ”.

Textual Amendments

F12Sch. 3 para. 19(2) repealed (1.6.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/ 1510, Pt. I art. 2(f)(iii)

Marginal Citations

Social Security Administration Act 1992 (c. 5)U.K.

20U.K.In section 170(5) of the Social Security Administration Act 1992 (the Social Security Advisory Committee)—

[F13(a)in the definition of “the relevant enactments”, after paragraph (aa) insert—

(ab)section 10 of the Child Support Act 1995;]; and

(b)in the definition of “the relevant Northern Ireland enactments”, after paragraph (aa) insert—

(ab)any enactment corresponding to section 10 of the Child Support Act 1995 having effect with respect to Northern Ireland; and.

Textual Amendments

F13Sch. 3 para. 20(a) repealed (3.3.2003 for certain purposes) by 2000 c. 19, ss. 85, 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

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