# Child Support Act 1991, Section 7: Right of child in Scotland to apply for calculation.

Extent: S

(1) A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the Secretary of State for a maintenance calculation to be made with respect to him if—
(a) no such application has been made by a person who is, with respect to that child, a person with care or a non-resident parent; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An application made under subsection (1) shall authorise the Secretary of State to make a maintenance calculation with respect to any other children of the non-resident parent who are qualifying children in the care of the same person as the child making the application.
(3) Where a maintenance calculation has been made in response to an application under this section the Secretary of State may, if the person with care or the child concerned applies to the Secretary of State under this subsection, arrange for—
(a) the collection of the child support maintenance payable in accordance with the calculation;
(b) the enforcement of the obligation to pay child support maintenance in accordance with the calculation.
(3A) The Secretary of State may only make arrangements under subsection (3)(a) if—
(a) the non-resident parent agrees to the arrangements, or
(b) the Secretary of State is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.
(4) Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the Secretary of State to take steps to enforce that obligation whenever the Secretary of State considers it necessary to do so, the Secretary of State may act accordingly.
(5) Where a child has asked the Secretary of State to proceed under this section, the person with care of the child, the non-resident parent and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State ... being provided with the information which is required to enable—
(a) the non-resident parent to be traced (where that is necessary);
(b) the amount of child support maintenance payable by the non-resident parent to be assessed; and
(c) that amount to be recovered from the non-resident parent.
(6) The child who has made the application (but not the person having care of him) may at any time request the Secretary of State to cease acting under this section.
(7) It shall be the duty of the Secretary of State to comply with any request made under subsection (6) (but subject to any regulations made under subsection (9)).
(8) The obligation to provide information which is imposed by subsection (5)—
(a) shall not apply in such circumstances as may be prescribed by the Secretary of State; and
(b) may, in such circumstances as may be so prescribed, be waived by the Secretary of State.
(9) The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.
(10) No application may be made at any time under this section by a qualifying child if
(a) there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order made before a prescribed date, in respect of that child and the person who is, at that time, the non-resident parent or
(b) a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made; or
(c) a maintenance agreement—
(i) made on or after the date prescribed for the purposes of paragraph (a); and
(ii) registered for execution in the Books of Council and Session or the sheriff court books,
is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.

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Source: https://www.legislation.gov.uk/ukpga/1991/48/section/7 (the official version)
Page: https://openlegislation.uk/child-support-act-1991/section-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.