The Child Support Appeals (Jurisdiction of Courts) Order 2002

Made: 20th July 2002

Coming into force in accordance with article 1(2)

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament:

Now, therefore, the Lord Chancellor in exercise of the power conferred upon him by section 45(1) and (7) of the Child Support Act 1991 hereby makes the following Order:

Citation, commencement, interpretation and extent

1

• (1) This Order may be cited as the Child Support Appeals (Jurisdiction of Courts) Order 2002.

• (2) Subject to paragraph (3) this Order shall come into force on the day after the date on which it is made.

• (3) This Order shall not have effect in relation to a particular type of case until the day on which section 10 of the Child Support, Pensions and Social Security Act 2000 comes into force for the purposes of that type of case.

• (4) In this Order—

• (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 .

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

Revocation

2

The Child Support Appeals (Jurisdiction of Courts) Order 1993 , 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 of the Act shall be made to a court instead of to the First-tier 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

Regulation 32 of Regulations and Rule 23 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 apply to appeals brought under this Order as if the word “Tribunal” is read as “court”.

Signed

Irvine of Lairg,C — 20th July 2002

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1991 c. 48. Section 45(1) was amended by the Social Security Act 1998 (c. 14) Schedule 7 paragraph 42.

[^f00002]: 2000 c. 19.

[^f00003]: S.I. 1999/991, as amended by regulation 22 of S.I. 1999/2570.

[^f00004]: S.I. 1993/961 (L. 12), there are no amendments.

[^f00005]: 1991 c. 48. Section 20 was substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

Editorial notes

[^c960954]: 1991 c. 48. Section 45(1) was amended by the Social Security Act 1998 (c. 14) Schedule 7 paragraph 42.

[^c2199991]: Art. 1 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

[^c960955]: 2000 c. 19.

[^c960956]: S.I. 1999/991, as amended by regulation 22 of S.I. 1999/2570.

[^c2199992]: Art. 2 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

[^c960957]: S.I. 1993/961 (L. 12), there are no amendments.

[^c2199993]: Art. 3 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

[^c960958]: 1991 c. 48. Section 20 was substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

[^c2199994]: Art. 4 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

[^c2199995]: Art. 5 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)

[^key-fa3fb918fb9b9030db6682fafa3e5c9f]: Words in art. 3 substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 180

[^key-73a58ec2585c812727398fdc141882c9]: Art. 5 substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 181