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Statutory Instruments

2002 No. 1915 (L. 9)

FAMILY LAW, ENGLAND AND WALES

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:

M1 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 I1

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.

M2 (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) M3 “the Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .

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

Revocation I2

M4 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 I3

M5 3. An appeal under section 20 of the Act shall be made to a court instead of to [F1 the First-tier Tribunal F1] in the circumstances mentioned in article 4.

I4

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.

I5

[F2 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”. F2]

Irvine of Lairg,C

20th July 2002

Status: There are currently no known outstanding effects for the The Child Support Appeals (Jurisdiction of Courts) Order 2002.
The Child Support Appeals (Jurisdiction of Courts) Order 2002 (2002/1915)
Version from: 3 November 2008

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 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 substituted
F2 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 substituted
I1 Art. 1 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)
I2 Art. 2 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)
I3 Art. 3 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)
I4 Art. 4 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)
I5 Art. 5 wholly in force at 21.7.2002 subject to art. 1(3), see art. 1(2)
M1 1991 c. 48 . Section 45(1) was amended by the Social Security Act 1998 (c. 14) Schedule 7 paragraph 42.
M2 2000 c. 19 .
M3 S.I. 1999/991 , as amended by regulation 22 of S.I. 1999/2570 .
M4 S.I. 1993/961 (L. 12), there are no amendments.
M5 1991 c. 48 . Section 20 was substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (c. 19) .
Defined Term Section/Article ID Scope of Application
a parentage determination art. 4. def_f235f04333
court art. 5. def_5767c06c04
the Act art. 1. def_285992bf21
the Regulations art. 1. def_177f18eb98
Tribunal art. 5. def_c0ff0dfded

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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