OpenLegislation

Regulation 2 Persons under a duty to furnish information or evidenceF1

(F21)

A person falling within a category listed in paragraph (2) shall furnish such information or evidence—

(a)

with respect to the matter or matters specified in that paragraph in relation to that category; and

(b)

which is in his possession or which he can reasonably be expected to acquire,

as is required by the Secretary of State F3and is needed for any of the purposes specified in regulation 3(1).

(F41A)

In such cases as the Secretary of State may determine, a person falling within a category listed in paragraph (2) shall furnish such information or evidence as the Secretary of State may determine which is information or evidence—

(a)

with respect to the matter or matters specified in that paragraph in relation to that category;

(b)

needed by the Secretary of State for the purpose specified in regulation 3(1A); and

(c)

in that person’s possession or which that person can reasonably be expected to acquire.

(2)

The persons who may be required to furnish information or evidence, and the matter or matters with respect to which such information or evidence may be required, are as follows—

(a)

the relevant persons, with respect to the matters listed in regulation 3(1);

(aa)

F5where regulation 8(1) of the Maintenance Calculations and Special Cases Regulations applies (persons treated as non-resident parents), a parent of or a person who provides day to day care for the child in respect of whom a maintenance calculation has been applied for or has been treated as applied for or is or has been in force, with respect to the matter listed in sub-paragraph (1) of regulation 3(1);

(b)

a person who is alleged to be a parent of a child with respect to whom an application for a maintenance F6F7calculation has been made, or in relation to whom a maintenance F8calculation has been made, or has been treated as made, F9... and that person who denies that he is one of that child’s parents, with respect to the matters listed in sub-paragraphs (b) and (d) of regulation 3(1);

(F10ba)

the current or recent employer of a person falling within sub-paragraph (b), with respect to the matters listed in sub-paragraphs (d) and (e) of regulation 3(1);

(c)

the current or recent employer of the F11non-resident parent F12... in relation to whom an application for a maintenance F13calculation has been made F14or in relation to whom a maintenance F15calculation has been made, or has been treated as made, F16..., with respect to the matters listed in sub-paragraphs (d), (e), (f), (h)F17, (hh) and (j) of regulation 3(1);

(F18cc)

persons employed in the service of the Crown or otherwise in the discharge of Crown functions, where they are the current or recent employer of the F19non-resident parent F20... in relation to whom an application for a maintenance F21calculation has been made F22or in relation to whom a maintenance F23calculation has been made, or has been treated as made, F24 ..., with respect to the matters listed in sub-paragraphs (d), (e), (f), (h)F25, (hh) and (j) of regulation 3(1);

(cd)

persons employed in the service of the Crown or otherwise in the discharge of Crown functions, where they are the current or recent employer of a person falling within sup-paragraph (b), with respect to the matters listed in sub-paragraphs (d) and (e) of regulation 3(1);

(d)

the local authority in whose area a person falling within a category listed in sub-paragraphs (a) and (b) above resides or has resided, with respect to the F26matters listed in sub-paragraph (a)F27, (d), (e), (f), (h) and (hh) of regulation 3(1);

(e)

a person specified in paragraph (3) below, in any case where, in relation to the qualifying child or qualifying children or the F28non-resident parent—

(i)

there is or has been a relevant court order; or

(ii)

there have been, or are pending, related proceedings before a court,

with respect to the matters listed in sub-paragraphs F29(aa), (ab), (g), (h) and (k) of regulation 3(1);

(F30f)

a person who acts or has acted as an accountant for the absent parent, including where that person is self-employed, in relation to any business accounts of that parent with respect to the matters listed in sub-paragraphs (e), (f), (h) and (hh) of regulation 3(1);

(g)

a company or partnership for whom the absent parent is providing or has provided services under a contract for services with respect to the matters listed in sub-paragraphs (e) and (f) of regulation 3(1); F31 ...

(h)

persons employed in the service of the Crown or otherwise in the discharge of Crown functions—

(i)

under F32the Road Traffic (Northern Ireland) Order 1981, sections 97 to 99A of the Road Traffic Act 1988 or Part II of the Vehicle Excise and Registration Act 1994 with respect to the matter listed in sub-paragraph F33(d), (e) and (o) of regulation 3(1); or

(ii)

under the Prison Act 1952F34, the Prison Act (Northern Ireland) 1953 or the Prisons (Scotland) Act 1989 with respect to the matter listed in sub-paragraph (e) of regulation 3(1); F35 ...

(i)

F36a credit reference agency within the meaning given by section 145(8) of the Consumer Credit Act 1974 with respect to the matters listed in sub-paragraphs (d), (e), (m)F37, (n) and (o) of regulation 3(1).

(F38j)

a deposit-taker with respect to the matters listed in sub-paragraphs (d), (e), (f) and (o) of regulation 3(1).

(3)

The persons who may be required to furnish information or evidence in relation to a relevant court order or related proceedings under the provisions of paragraph (2)(e) are—

(a)

in England and Wales—

(i)

in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;

(ii)

in relation to a county court, the proper officer of that court within the meaning of Order 1, Rule 3 of the County Court Rules 1981 M1;

(iii)

in relation to a magistrates’ court, the F39designated officer for that court;

(b)

in Scotland—

(i)

in relation to the Court of Session, the Deputy Principal Clerk of Session;

(ii)

in relation to a sheriff court, the sheriff clerk.

Annotations

Textual amendments

F1

Regulations revoked (27.10.2008) by The Child Support Information Regulations 2008 (S.I. 2008/2551), regs. 1, 15(1) (with reg. 15(2))

F2

Reg. 2(1) substituted (1.6.1999) by S.I. 1999/1510, art. 3(1), 6(a)

F3

Words in reg. 2(1) substituted (7.1.2004 for specified purposes) by The Child Support (Information, Evidence and Disclosure) Amendment Regulations 2003 (S.I. 2003/3206), reg. 1(2)(3)2(2)(a)

F4

Reg. 2(1A) substituted (7.1.2004 for specified purposes) by The Child Support (Information, Evidence and Disclosure) Amendment Regulations 2003 (S.I. 2003/3206), reg. 1(2)(3)2(2)(b)

F5

Reg. 2(2)(aa) inserted (1.4.2001) by S.I. 2002/1204, reg. 3(b), 4

F6

Words in reg. 2(2)(b) substituted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 7(3)

F7

Words in reg. 2(2)(b) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F8

Words in reg. 2(2)(b) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F9

Words in reg. 2(1)(b) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 6(b)(i)

F10

Reg. 2(2)(ba) inserted (16.2.1995) by S.I. 1995/123, reg. 1(1), 2

F11

Words in reg. 2(2)(c) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F12

Words in reg. 2(2)(c) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 5(2)(a) (with reg. 10)

F13

Words in reg. 2(2)(c) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F14

Words in reg. 2(2)(c) inserted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 7(4)

F15

Words in reg. 2(2)(c) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F16

Words in reg. 2(2)(c) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 6(b)(ii)

F17

Words in reg. 2(2)(c) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(b) (with reg. 10)

F18

Reg. 2(2)(cc)(cd) inserted (18.4.1995) by S.I. 1995/1045, reg. 1(2), 22

F19

Words in reg. 2(2)(cc) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F20

Words in reg. 2(2)(cc) omitted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by virtue of S.I. 2001/161, reg. 1(3)(d), 5(2)(a) (with reg. 10)

F21

Words in reg. 2(2)(cc) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F22

Words in reg. 2(2)(cc) inserted (22.1.1996) by S.I. 1995/3261, reg. 1(2), 7(4)

F23

Words in reg. 2(2)(cc) inserted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(c) (with reg. 10)

F24

Words in reg. 2(2)(cc) omitted (1.6.1999) by virtue of S.I. 1999/1510, art. 3(1), 6(b)(ii)

F25

Words in reg. 2(2)(cc) inserted (13.01.2001, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(b) (with reg. 10)

F26

Words in reg. 2(2)(d) substituted (13.01.2001, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d)(i), 5(2)(d)(i) (with reg. 10)

F27

Words in reg. 2(2)(d) inserted (13.01.2001, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(d)(ii) (with reg. 10)

F28

Words in reg. 2(2)(e) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F29

Words in reg. 2(2)(c) inserted (5/8/1996) by S.I. 1996/1945, reg. 1(2), 7(3)

F30

Reg. 2(2)(f)-(h) inserted (13.01.2001, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(2)(e) (with reg. 10)

F31

Word in reg. 2(2)(g) omitted (12.7.2006) by virtue of Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 2(2)(a)

F32

Words in reg. 2(2)(h)(i) inserted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 4(b)(i)

F33

Words in reg. 2(2)(h)(i) substituted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(3)(a)

F34

Words in reg. 2(2)(h)(ii) inserted (30.4.2002) by The Child Support (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1204), regs. 3(a), 4(b)(ii)

F35

Word in reg. 2(2)(h)(ii) omitted (6.4.2008) by virtue of Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(3)(b)

F36

Reg. 2(2)(i) inserted (12.7.2006) by Child Support (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/1520), regs. 1(1), 2(2)(c)

F37

Words in reg. 2(2)(i) substituted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(3)(c)

F38

Reg. 2(2)(j) inserted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(3)(d)

F39

Words in reg. 2(3)(a) substituted (1.4.2005) by Courts Act 2003 (Consequential Provisions) (No.2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 155

Marginal citations

M1

S.I. 1981/1687 , to which there are amendments not relevant to these Regulations.