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(1) These Regulations may be cited as the Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation as follows—
(a) regulations 2(5)(c) and (d), (7) and (8) and 3(8) and, for the purposes of those provisions, this regulation, shall come into operation on 31st January 2001; and
(b) the remainder of these Regulations shall come into operation in relation to a particular case on the day on which paragraphs 12 and 27 of Schedule 3 to the Act, which respectively amend Articles 2(2) and 47 of the Order comes into operation for the purposes of that type of case.
(2) In these Regulations—
 “the Order” means the Child Support (Northern Ireland) Order 1991; and
 “the Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.
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(1) The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 shall be amended in accordance with paragraphs (2) to (9).
(2) For “absent parent” wherever it appears there shall be substituted “non-resident parent”, preceded where appropriate by “a” instead of “an”.
(3) For “assessment” wherever it appears there shall be substituted “calculation”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In regulation 3 (relationship between maintenance assessments and certain court orders)—
(a) in paragraph (2) after “cease to have effect” there shall be added “on the effective date of the maintenance calculation.”;
(b) paragraphs (4) to (7) shall be omitted.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) After regulation 7 there shall be inserted the following regulation—“
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(1) The companies prescribed for the purposes of Article 41(2A)(c) of the Order (non-resident parents not habitually resident in the United Kingdom but employed by prescribed companies) are companies which employ employees to work outside the United Kingdom but make calculations and payment arrangements in relation to the earnings of those employees in the United Kingdom so that a deduction from earnings order may be made under Article 31 of the Order in respect of the earnings of any such employee who is a liable person for the purposes of that Article.
(2) The following bodies are prescribed for the purposes of Article 41(2A)(d) of the Order (non-resident parents not habitually resident in the United Kingdom but employed by a prescribed body)—
(a) a Health and Social Services trust established by order made under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;
(b) a Health and Social Services Board established by order made under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (“the 1972 Order”);
(c) the Central Services Agency established by order made under Article 26 of the 1972 Order;
(d) a Special Agency established by order made under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990;
(e) a National Health Service Trust established by order made under section 5 of the National Health Service and Community Care Act 1990 (“the 1990 Act”) or under section 12A of the National Health Service (Scotland) Act 1978 (“the 1978 Act”);
(f) a Primary Care Trust established by order made under section 16A of the National Health Service Act 1977 (“the 1977 Act”);
(g) a Health Authority established under section 8 of the 1977 Act;
(h) a Special Health Authority established under section 11 of the 1977 Act;
(i) a local authority, and for this purpose local authority means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in relation to Wales, a county council or county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
(j) a Health Board constituted under section 2 of the 1978 Act; and
(k) a Special Health Board constituted under section 2 of the 1978 Act.”.
(9) In regulation 8 (maintenance assessments and maintenance orders made in error) —
(a) in paragraph (1) for sub-paragraph (c) there shall be substituted the following sub-paragraph—“
(c) the Department revises the decision as to the maintenance calculation under Article 18 of the Order and decides that no child support maintenance was payable on the ground that the previous decision was made in error,”;
(b) in paragraph (2)—
(i) in sub-paragraph (aa) “is cancelled or” shall be omitted, and
(ii) “as not having been cancelled or, as the case may be,” shall be omitted.
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(1) Where in respect of a particular case before the date that these Regulations come into operation with respect to that type of case (“the commencement date”)—
(a) an application was made and not determined for—
(i) a maintenance assessment;
(ii) a departure direction, or
(iii) a revision or supersession of a decision;
(b) the Department had begun but not completed a revision or supersession of a decision on its own initiative;
(c) any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or
(d) any appeal was made but not decided or any time limit for making an appeal had not expired,
regulations 2(2) to (5) (except for sub-paragraphs (c) and (d)), (6), (9) to (11) and 3(2) to (7) and (9) shall not apply for the purposes of—
(aa) the decision on the application referred to in sub-paragraph (a);
(bb) the revision or supersession referred to in sub-paragraph (b);
(cc) the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;
(dd) any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or
(ee) any revision, supersession or appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd).
(2) Where after the commencement date a maintenance assessment falls to be cancelled on grounds of lack of jurisdiction with effect from before the commencement date, regulation 3(7) shall not apply for that purpose.
(3) For the purposes of this regulation—
(a) “departure direction” and “maintenance assessment” have the same meaning as in Article 2(2) of the Order before its amendment by the Act;
(b) “revision or supersession” means a revision or supersession of a decision under Article 18 or 19 of the Order before its amendment by the Act.
Sealed with the Official Seal of the Department for Social Development on 23rd January 2001.
John O'Neill
Senior Officer of the
Department for Social Development
