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The Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000
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- UK Statutory Instruments
- 2001 No. 161
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Child Support (Information, Evidence and Disclosure) Regulations 1992, S.I. 1992/1812 (“the Information Regulations”) and the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992, S.I. 1992/2645 (“the Jurisdiction Regulations”) mainly consequent upon the introduction of the changes to the child support system made by the Child Support, Pensions and Social Security Act 2000 c.19 (“the 2000 Act”).
Apart from regulation 4 which comes into force on 1st April 2001, these Regulations come into force at different times for different cases according to the dates on which provisions of the Child Support, Pensions and Social Security Act 2000 which are relevant to these Regulations are commenced for different types of cases.
Regulation 2 changes the terminology in the Information Regulations and the Jurisdiction Regulations.
Regulation 3 amends references in the Information Regulations and the Jurisdiction Regulations to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 and the Child Support (Maintenance Assessment Procedure) Regulations 1992 as these have been revoked and replaced respectively by the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 and the Child Support (Maintenance Calculation Procedure) Regulations 2000.
Regulation 4 transfers the administrative functions of justices’ clerks to justices’ chief executives in accordance with section 90 (transfer of clerks’ functions to chief executives) and 91 (accounting etc functions of chief executives) of, and Schedule 13 to, the Access to Justice Act 1999 c.22.
Regulation 5 amends regulations 1 and 2 of the Information Regulations mainly to adjust the information that can be required so that this is relevant to the changes to the child support system.
Regulations 6 and 7 make amendments consequential on the changes to the child support system to regulations 3, 6 and 9A and omit regulation 4 of the Information Regulations. In particular regulation 6(3) amends regulation 3A of the Information Regulations so that notices will include reference to the information offences created by section 14A of the Child Support Act 1991 c. 48 (“the Act”).
Regulation 8 prescribes the companies and bodies based in the United Kingdom that employ someone not habitually resident for the purposes of section 44(2A) of the Act in the United Kingdom. Regulation 8 also makes omissions in regulation 3 of the Jurisdiction Regulations as references to the “effective date” are now contained in the Child Support (Maintenance Calculation Procedure) Regulations 2000.
Regulation 9 amends references in the Jurisdiction Regulations to “cancelling” a maintenance calculation.
Regulation 10 allows the Information Regulations and Jurisdiction Regulations to apply as they were before they were amended in certain cases for transitional purposes.
The impact on business of these Regulations was covered in the Regulatory Impact Assessment (RIA) for the Child Support, Pensions and Social Security Act 2000, in accordance with which, and in consequence of which, these Regulations are made. A copy of that RIA has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, Adelphi, 1-11 John Adam Street, London WC2N 6HT.
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