The Child Support Information Regulations (Northern Ireland) 2008

S.R. 2008/403 · Made 2 October 2008 · Extends to Northern Ireland

FAMILY LAW

CHILD SUPPORT

Made 2nd October 2008

Coming into operation 27th October 2008

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 7(4), 16(1) and (3), 46(5), 47(1), 48(4) and 50(1) and (2) of, and paragraph 16(11) of Schedule 1 to, the Child Support (Northern Ireland) Order 1991^f1, and now vested in it^f2.

Annotations to the whole text

Footnotes

f1: S.I. 1991/2628 (N.I. 23). Article 7(4) was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), and paragraphs 11 and 13 of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); Article 16(1) and (3) was amended by section 12 of, and paragraph 16 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, and paragraph 14(b) of Schedule 6, and Schedule 7 to the Social Security (Northern Ireland) Order 1998; Article 46(5) was amended by paragraph 30 of Schedule 6 to the Social Security (Northern Ireland) Order 1998; Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland) Order 1998, and section 1(2) of, and paragraph 27 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; paragraph 16(11) of Schedule 1 was substituted by paragraph 32(5) of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and is amended by section 1(2) of, and paragraph 28(2) of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
f2: See Article 8(b) of S.R. 1999 No. 481

Part 1: GENERAL
1Citation and commencement
2Interpretation
2AUse of electronic communications
Part 2: DUTY TO PROVIDE INFORMATION
3Information from the applicant
4Information from other persons
5Information from persons denying parentage
6Information from a court
7Duty of persons from whom information requested
8Department to warn of consequences of failing to provide information or providing false information
9Duty to notify change of address
9ADuty to notify increase in current income
10Continuing duty of person with care
11Powers of inspectors in relation to Crown premises
Part 3: DISCLOSURE OF INFORMATION
12Disclosure of information to a court or tribunal
13Disclosure of information to other persons
14Employment to which Article 46 of the Order applies
14ADisclosure of information to credit reference agencies
Part 4: MISCELLANEOUS
15Revocation and saving
Signature
Schedule 1Revocations
Schedule 2: Electronic Communications
Part 1: Use of Electronic Communications
1Use of electronic communications
2Conditions for the use of electronic communications
3Use of intermediaries
Part 2: Evidential provisions
4Proof of delivery
5Proof of identity
6Proof of content
7Interpretation
Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Child Support Information Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

2InterpretationI1

(1)

In these Regulations—

“the Order” means the Child Support (Northern Ireland) Order 1991;
“appropriate authority” means an authority administering housing benefit;
F1“electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001;
“Health and Social Services Board” means a Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972^f1;
“HSS trust” means a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991^f2, by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994^f3;
F2“the Maintenance Calculation Regulations” means the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012;

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

References in these Regulations to a non-resident parent are to a person who is the non-resident parent in relation to an application for a maintenance calculation, or in relation to a maintenance calculation that is or has been in force, and includes a person treated as a non-resident parent by virtue of regulations made under Article 39 of the Order.

2AUse of electronic communicationsF1

Schedule 2 makes provision for the use of electronic communications.

3Information from the applicantI1

A person who has made an application for a maintenance calculation under Article 7 of the Order must furnish such information as the Department requires to enable—

(a)

the non-resident parent to be identified or traced (where that is necessary);

(b)

the amount of child support maintenance payable by the non-resident parent to be calculated; or

(c)

that amount to be recovered from the non-resident parent.

4Information from other personsI1

(1)

The persons listed in paragraph (2) must furnish such information or evidence as is required by the Department and is needed—

(a)

for the determination of any application made under the Order or any question arising in connection with such an application;

(b)

for the making of any decision, or in connection with the imposition of any condition or requirement, under that Order; or

(c)

in connection with the collection or enforcement of child support or other maintenance under that Order.

(2)

The persons required to furnish information or evidence are—

(a)

subject to regulation 5, the non-resident parent;

(b)

a current or previous employer of the non-resident parent;

(c)

a person for whom the non-resident parent is providing or has provided services under a contract for services;

(d)

a person who acts or has acted as an accountant for the non-resident parent;

(e)

a person, other than the applicant, who provides day to day care for a child in respect of whom an application for a maintenance calculation has been made or in respect of whom a maintenance calculation is or has been in force;

(f)

a credit reference agency within the meaning given by the Consumer Credit Act 1974^f1;

(g)

the appropriate authority, the Health and Social Services Board or the HSS trust in whose area the non-resident parent or the person with care resides or has resided;

(h)

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

(i)

under the Road Traffic (Northern Ireland) Order 1981^f2, sections 97 to 99A of the Road Traffic Act 1988^f3 or Part II of the Vehicle Excise and Registration Act 1994^f4, or

(ii)

under the Prison Act 1952^f5, the Prison Act (Northern Ireland) 1953^f6 or the Prisons (Scotland) Act 1989^f7;

(i)

a person who, in the course of business, may lawfully accept deposits in the United Kingdom;

(j)

a person who, within the meaning of Article 10(1) of the Electricity (Northern Ireland) Order 1992^f8, distributes or supplies electricity;

(k)

a person who is the holder of a licence under Article 8(1) of the Gas (Northern Ireland) Order 1996^f9 to convey or supply gas through pipes F1;

(F2ka)

a person (“P”)—

(i)

who is carrying on, or who has carried on, share trading or investment management;

(ii)

who is communicating, or who has communicated, in the course of business, an invitation or inducement to engage in share trading or investment management;

(kb)

a person (P’s “intermediary”) who has, or who has had, arrangements with P that P is, or was, to—

(i)

carry on share trading or investment management;

(ii)

communicate, in the course of business, an invitation or inducement to engage in share trading or investment management;

(kc)

except where sub-paragraph (d) applies, a person providing, or who has provided, professional services to the non-resident parent, P or P’s intermediary, in relation to the activities described in sub-paragraph (ka) or (kb);

(l)

a qualifying lender (within the meaning given in Article 14(7) of the Welfare Reform and Work (Northern Ireland) Order 2016);

(m)

a trustee or manager of an occupational F3or personal pension scheme (within the meaning of section 1(1) of the Pensions Schemes (Northern Ireland) Act 1993).

F4(n)

the Motor Insurers’ Bureau, a company limited by guarantee, or its officers where officer has the meaning given by section 1173(1) of the Companies Act 2006.

(3)

The persons mentioned in paragraph (2)(b) and (c) include persons employed in the service of the Crown or otherwise in the discharge of Crown functions.

F5(4)

For the purposes of this regulation—

“the 2001 Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
“the 2005 Order” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
“carrying on share trading or investment management” means carrying on a regulated activity referred to in—
1. (a)
  any of articles 14, 21, 25, 40, 45 F6, 53 or 55A of the 2001 Order in relation to shares or stock within the meaning of article 76 of that Order;
2. (b)
  article 37 of the 2001 Order,
and an expression referring to this is to be construed accordingly;
“engage in share trading or investment management” means engaging in an activity referred to in—
1. (a)
  any of paragraphs 3, 4, 6, 7 or 11 of Part I of Schedule 1 to the 2005 Order in relation to shares or stock within the meaning of paragraph 14 of Part II of Schedule 1 to that Order,
2. (b)
  paragraph 5 of Part I of Schedule 1 to the 2005 Order;
and an expression referring to this is to be construed accordingly;
“communicate” has the same meaning as in section 21(13) of the Financial Services and Markets Act 2000;
“in the course of business” and “invitation or inducement” have the same meanings as in the Financial Services and Markets Act 2000;
“professional services” has the same meaning as in section 327(8) of the Financial Services and Markets Act 2000;
“regulated activity” has the same meaning as in section 22 of the Financial Services and Markets Act 2000.

5Information from persons denying parentageI1

Where a person is alleged to be, but denies being, the parent of a child in respect of whom an application for a maintenance calculation has been made, unless the case falls within one of those set out in Article 27(2) of the Order, the information or evidence which that person may be required to furnish is limited to what is needed for the purposes of enabling the non-resident parent to be identified, or to enable a decision to be made as to whether the Department has jurisdiction under Article 41 of the Order to make a maintenance calculation.

6Information from a courtI1

(1)

Where there is or has been a relevant court order, or there have been proceedings in which such an order was sought or where such proceedings are pending, the persons mentioned in paragraph (2) must furnish such information or evidence in relation to that order or those proceedings as is required by the Department and is needed for any of the purposes mentioned in regulation 4(1).

(2)

The persons who are required to furnish information or evidence are—

(a)

in relation to the High Court, the Master (Probate and Matrimonial) or the Master (Care and Protection);

(b)

in relation to the county court, the chief clerk;

(c)

in relation to a court of summary jurisdiction, the clerk of petty sessions.

(3)

In paragraph (1), “relevant court order” means—

(a)

an order as to periodical or capital provision or as to variation of property rights made under a statutory provision specified in paragraphs (b) to (dd) of Article 10(11) of the Order, or prescribed under Article 10(11) of that Order in relation to a person who has made an application for a maintenance calculation, or a qualifying child, person with care or non-resident parent in relation to such an application;

(b)

an order under Part III of the Children (Northern Ireland) Order 1995^f1 (Orders with Respect to Children In Family Proceedings) in relation to a qualifying child.

7Duty of persons from whom information requestedI1

(1)

Persons required to furnish information or evidence under regulations 3 to 6 must furnish the information or evidence requested if it is in their possession, or they can reasonably be expected to acquire it.

(2)

The information must be furnished as soon as is reasonably practicable in the particular circumstances of the case.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Department to warn of consequences of failing to provide information or providing false informationI1

A request by the Department under regulations 3 to 6 must set out the possible consequences of failure to provide the information or evidence, including details of the offences provided for in Article 16A^f1 of the Order for failing to provide, or providing false, information.

9Duty to notify change of addressI1

Persons who are liable to make payments of child support maintenance must, if they change their address, notify the Department of their new address within seven days of the change.

9ADuty to notify increase in current incomeF1

(1)

In a case falling within paragraph (2) or (3), the Department may notify the non-resident parent of the requirement to notify the Department of any relevant change of circumstances in relation to that income.

(2)

A case falls within this paragraph if, in relation to a maintenance calculation in force—

(a)

gross weekly income is determined by reference to the non-resident parent’s current income as an employee or officeholder (in accordance with regulation 37 of the Maintenance Calculation Regulations); and

(b)

paragraph 5(b) of the Schedule 1 to the Order (nil rate) does not apply.

(3)

A case falls within this paragraph if, in relation to a maintenance calculation in force—

(a)

gross weekly income is determined by reference to the non-resident parent’s current income (in accordance with regulation 36 of the Maintenance Calculation Regulations); and

(b)

paragraph 5(b) of Schedule 1 to the Order applies.

(4)

A notification by the Department under paragraph (1) must be in writing.

(5)

Where a relevant change of circumstances occurs after the non-resident parent has been notified of a requirement under paragraph (1) the non-resident parent must notify the Department of that change—

(a)

within fourteen days beginning with and including the day on which the change occurs; or

(b)

within such other period as the Department has specified in its notification.

(6)

For the purposes of a case falling within paragraph (2), a relevant change of circumstances occurs where—

(a)

the non-resident parent—

(i)

commences a new employment or office, or

(ii)

in relation to an existing employment or office, commences a new rate of remuneration or a new working pattern,

and could reasonably be expected to know that would result in an increased liability under the maintenance calculation in force if reported to the Department; or

(b)

the non-resident parent receives from their employment or office the following number of consecutive payments, each of which (if it were taken as a weekly average) exceeds the gross weekly income taken into account in the maintenance calculation in force by 25 per cent. or more—

(i)

five payments, in the case of a non-resident parent paid weekly,

(ii)

three payments, in the case of a non-resident parent paid fortnightly,

(iii)

two payments, in the case of a non-resident parent paid four weekly or monthly.

(7)

The payments referred to in paragraph (6)(b) are the gross remuneration from the employment or office in question less any pension contributions deducted under net pay arrangements.

(8)

In paragraph (7) “net pay arrangements” means arrangements for relief in respect of pension contributions under section 193 of the Finance Act 2004.

(9)

For the purposes of a case falling within paragraph (3), a relevant change of circumstances occurs where the non-resident parent’s income increases to a gross weekly income of F2£7 or more.

(10)

For the purposes of paragraph (9), gross weekly income is to be calculated in accordance with regulation 44(2) of the Maintenance Calculation Regulations.

10Continuing duty of person with careI1

Where a person with care with respect to whom a maintenance calculation has been made believes that, by virtue of Article 3 or 41 of, or paragraph 16 of Schedule 1 to, the Order, the calculation has ceased to have effect, that person must, as soon as is reasonably practicable, inform the Department of that belief, and of the reasons for it, and must provide such other information as the Department may reasonably require, with a view to assisting the Department in determining whether the calculation has ceased to have effect.

11Powers of inspectors in relation to Crown premisesI1

Subject to Her Majesty not being in residence, an inspector appointed under Article 17 of the Order may enter any Crown premises for the purposes of exercising any powers conferred on him by that Article.

12Disclosure of information to a court or tribunalI1

(1)

The Department may disclose any information held for the purposes of the Order to—

(a)

a court;

(b)

any tribunal or other body or person mentioned in the Order;

(c)

a person with a right of appeal under the Order to an appeal tribunal,

where such disclosure is made for the purposes of any proceedings before any of those bodies relating to the Order, the benefit Acts, the Jobseekers (Northern Ireland) Order 1995^f1 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007^f2.

(2)

For the purposes of this regulation “proceedings” includes the determination of an application referred to an appeal tribunal under Article 28D(1)(b)^f3 of the Order.

(3)

The Department may disclose information held for the purposes of the Order to a court in any case where—

(a)

that court has exercised any power it has to make, vary or revive a maintenance order or to vary a maintenance agreement; and

(b)

such disclosure is made for the purposes of any proceedings before that court in relation to that maintenance order or that maintenance agreement or for the purposes of any matters arising out of those proceedings.

13Disclosure of information to other personsI1

(1)

The Department may disclose information held for the purposes of the Order relating to one party to a maintenance calculation to another party to that calculation where, in the opinion of the Department such information is essential to inform the party to whom it would be given as to—

(a)

why it has decided not to make a maintenance calculation in response to an application made under Article 7 of the Order, or an application for a revision under Article 18 of that Order, or a decision under Article 19 of that Order superseding an earlier decision has been rejected;

(b)

why, although an application for a maintenance calculation referred to in sub-paragraph (a) has been made, that calculation cannot, at the time in question, be proceeded with;

(c)

why a maintenance calculation has ceased to have effect;

(d)

how a maintenance calculation has been calculated, in so far as the matter has not been dealt with by the notification given under F1regulation 25 of the Maintenance Calculation Regulations (notification of a maintenance calculation);

(e)

why a decision has been made not to arrange for, or to cease, collection of any child support maintenance under Article 29 of the Order;

(f)

why a particular method of enforcement under the Order of an amount due under a maintenance calculation has been adopted in a particular case; F2...

(g)

why a decision has been made not to enforce, or to cease to enforce, under the Order the amount due under a maintenance calculation.

F3(h)

why it was decided, in relation to any arrears of child support maintenance, not to accept payment in part in satisfaction of liability for the whole under Article 38D(1) of the Order; or

(i)

why it was decided not to extinguish liability in respect of arrears of child support maintenance under Article 38E(1) of the Order.

(2)

For the purposes of this regulation, “party to a maintenance calculation” means—

(a)

a person who has made an application for a maintenance calculation;

(b)

a qualifying child, person with care or non-resident parent in respect of whom an application for a maintenance calculation has been made;

(c)

a person appointed under regulation 34 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999^f1 (death of a party to an appeal);

(d)

the personal representative of a person mentioned in sub-paragraph (a) or (b) where—

(i)

a revision, supersession or appeal was pending at the date of death of that person and the personal representative is dealing with that revision, supersession or appeal on behalf of that person, or

(ii)

an application for a variation has been made but not determined at the date of death of that person and the personal representative is dealing on behalf of that person with any matters arising in connection with such an application.

(3)

Any application for information under this regulation shall be made to the Department in writing setting out the reasons for the application.

(4)

Except where a person gives written permission to the Department that the information mentioned in sub-paragraphs (a) and (b) below in relation to that person may be conveyed to other persons, any information given under the provisions of paragraph (1) shall not contain—

(a)

the address of any person other than the recipient of the information in question (other than the address of the office of the officer concerned who is exercising functions of the Department under the Order) or any other information, the use of which could reasonably be expected to lead to any such person being located;

(b)

any other information the use of which could reasonably be expected to lead to any person, other than a party to the maintenance calculation, being identified.

14Employment to which Article 46 of the Order appliesI1

F1For the purposes of Article 46(1C) of the Order, the following kinds of employment are prescribed as kinds of employment to which Article 46(1B) of the Order applies—

(a)

the Comptroller and Auditor General for Northern Ireland;

(b)

any member of staff of the Northern Ireland Audit Office, or any other person who carries out administrative work of that Office, or who provides, or is employed in the provision of, services to it;

(c)

the Northern Ireland Parliamentary Commissioner for Administration;

(d)

the Northern Ireland Commissioner for Complaints;

(e)

any officer of the Commissioners referred to in paragraphs (c) and (d) above; and

(f)

any person who provides, or is employed in the provision of, services to the Department.

14ADisclosure of information to credit reference agenciesF1

(1)

The information prescribed for the purposes of Article 45D(2)(c) of the Order (disclosure of information to credit reference agencies) is, in relation to the person referred to in Article 45D(2)(b) of the Order—

(a)

the person’s name, last known or notified address and date of birth;

(b)

the reference number used by the Department to identify the person’s case;

(c)

the date on which any liability order in force against the person was made;

(d)

the amount in respect of which that liability order was made;

(e)

the address stated in that liability order, if different from the person’s last known or notified address;

(f)

that the amount referred to in sub-paragraph (d) has been paid and date on which that amount was paid.

(g)

that a liability order made against the person has been set aside or quashed.

(2)

The Department must send a written notice by post to the person’s last known or notified F2postal address, or by electronic communication in accordance with Schedule 2 at least twenty-one days prior to supplying the information in paragraph (1)(a) to (e) to a credit reference agency.

(3)

The requirement in paragraph (2) does not apply where the person cannot be traced.

(4)

The written notice must state that the Department intends to supply information in relation to the non-resident parent to a credit reference agency.

15Revocation and savingI1

(1)

The statutory provisions specified in F1Schedule 1 are revoked to the extent specified there.

(2)

The revocation of those statutory provisions shall not affect any request for information made before 27th October 2008, and those statutory provisions shall remain in operation for the purposes of any proceedings under Article 16A of the Order in relation to any such request.

Signature

Sealed with the Official Seal of the Department for Social Development on 2nd October 2008

(L.S.)

John O’Neill

A senior officer of the

Department for Social Development

Schedule 1RevocationsI1 F1

Citation	S.R. Number	Extent of Revocation
The Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992	S.R. 1992 No. 339	The whole regulations
The Health and Social Services Trusts (Consequential Amendments) Regulations (Northern Ireland) 1994	S.R. 1994 No. 65	Schedule 20
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1995	S.R. 1995 No. 19	Regulation 2
The Child Support and Income Support (Amendment) Regulations (Northern Ireland) 1995	S.R. 1995 No. 162	Regulation 6
The Child Support (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1995	S.R. 1995 No. 475	Regulation 2(2)(b), (5) and (6)
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 317	Regulation 2
The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996	S.R. 1996 No. 541	Regulation 49
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1998	S.R. 1998 No. 8	Regulation 2
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 1999	S.R. 1999 No. 152	Regulation 2
The Social Security (1998 Order)(Commencement No. 6 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999	S.R. 1999 No. 246 (C. 20)	Article 7
The Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction)(Amendment) Regulations (Northern Ireland) 2001	S.R. 2001 No. 16	Regulation 2
The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2002	S.R. 2002 No. 164	Regulation 2
The Child Support (Information, Evidence and Disclosure)(Amendment) Regulations (Northern Ireland) 2003	S.R. 2003 No. 522	The whole regulations
The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004	S.R. 2004 No. 428	Regulation 2
The Civil Partnership (Pensions, Social Security and Child Support)(Consequential, etc. Provisions) Order (Northern Ireland) 2005	S.R. 2005 No. 536	Paragraph 1 of Schedule 4
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2006	S.R. 2006 No. 273	Regulation 2
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007	S.R. 2007 No. 347	Regulation 2
The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2008	S.R. 2008 No. 119	Regulation 2

1Use of electronic communicationsF1

(1)

Where these Regulations require or permit a person to carry out an action referred to in sub-paragraph (2)—

(a)

that person may, if the conditions specified in paragraph 2 are met, use electronic communication to carry out the action, and

(b)

any reference to the action is to be construed as being capable of being carried out using electronic communication.

(2)

The actions are—

(a)

notifying;

(b)

the disclosure of any information under regulation 13 (disclosure of information to other persons).

2Conditions for the use of electronic communicationsF1

The conditions for the use of electronic communications are—

(a)

the electronic communication, its form, and the electronic address for the communication, have been agreed with the recipient for a purpose in paragraph 1(2);

(b)

the electronic communication is sent in the agreed form to the agreed electronic address for the agreed purpose;

(c)

the electronic communication is—

(i)

legible, and

(ii)

in a form sufficiently permanent to be used for subsequent reference.

3Use of intermediariesF1

The Department may use intermediaries in connection with the actions referred to in paragraph 1(2).

4Proof of deliveryF1

(1)

An agreed electronic communication is presumed, unless the contrary is proved, to have resulted in delivery if—

(a)

in the case that it falls to be delivered to the Department, the delivery of the agreed electronic communication is recorded on an official computer system; or

(b)

in the case that it falls to be delivered by the Department, if the despatch of the agreed electronic communication is recorded on an official computer system.

(2)

An agreed electronic communication is presumed, unless the contrary is proved, not to have resulted in delivery—

(a)

in the case that it falls to be delivered to the Department, the delivery of the agreed electronic communication is not recorded on an official computer system; or

(b)

in the case that it falls to be delivered by the Department, the despatch of that agreed electronic communication is not recorded on an official computer system.

(3)

The time and date of receipt of an agreed electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

5Proof of identityF1

(1)

The identity of the sender and the recipient of an electronic communication is presumed to be the persons whose names are recorded on an official computer system, unless the contrary is proved.

(2)

An electronic communication sent on behalf of another person (“P”) is presumed to have been delivered by P unless P proves that it was delivered without P’s knowledge.

6Proof of contentF1

The content of an electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

7InterpretationF1

In this Schedule—

“agreed electronic address” means an electronic address agreed in accordance with paragraph 2(a);
“agreed electronic communication” means an electronic communication agreed in accordance with paragraph 2(a);
“agreed form” means the form agreed in accordance with paragraph 2(a);
“agreed purpose” means the purpose agreed in accordance with paragraph 2(a);
“official computer system” means a computer system maintained by or on behalf of the Department for the purposes of these Regulations.

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for the furnishing of information or evidence required by the Department for Social Development for the purpose of its functions under the Child Support (Northern Ireland) Order 1991 (“the Order”). They also provide for the disclosure by the Department of information held for the purpose of the Order. These Regulations replace the Child Support (Information, Evidence and Disclosure) Regulations (Northern Ireland) 1992 (“the 1992 Regulations”).

Part 2 relates to the duty to provide information or evidence.

Regulations 3 to 6 impose a duty to furnish information required by the Department on the applicant, on other persons (including the non-resident parent and a person alleged to be a non-resident parent) and on the courts. Regulation 7 deals with the obligation of persons from whom information is requested. Regulation 8 requires a request under regulations 3 to 6 to contain a warning as to the consequences of failure to comply.

Regulations 9 and 10 impose obligations to report matters to the Department. Regulation 9 requires persons liable to pay child support maintenance to notify the Department of a change of address. Regulation 10 requires persons with care to inform the Department where they believe that the maintenance calculation has ceased to have effect.

Regulation 11 gives inspectors appointed under the Order a right of entry to Crown premises.

Part 3 deals with disclosure of information.

Regulation 12 provides for disclosure of information by the Department to a court or tribunal and regulation 13 provides for disclosure of information to the parties to a maintenance calculation.

Regulation 14 extends the application of Article 46 of the Order, which creates an offence for unauthorised disclosure of information, to the employments listed in that regulation.

Part 4 contains a revocation and saving provision.

The Child Support Information Regulations (Northern Ireland) 2008

Annotations to the whole text

Footnotes

Contents