Regulation 3 Relationship between maintenance calculations and certain court ordersF20

England, Wales and Scotland

F1(1)

Orders made under the following enactments are of a kind prescribed for the purposes of section 10(1) of the Act—

(a)

the Conjugal Rights (Scotland) Amendment Act 1861;

(b)

the Court of Session Act 1868;

(c)

the Sheriff Courts (Scotland) Act 1907;

(d)

the Guardianship of Infants Act 1925;

(e)

the Illegitimate Children (Scotland) Act 1930;

(f)

the Children and Young Persons (Scotland) Act 1932;

(g)

the Children and Young Persons (Scotland) Act 1937;

(h)

the Custody of Children (Scotland) Act 1939;

(i)

the National Assistance Act 1948;

(j)

the Affiliation Orders Act 1952;

(k)

the Affiliation Proceedings Act 1957;

(l)

the Matrimonial Proceedings (Children) Act 1958;

(m)

the Guardianship of Minors Act 1971;

(n)

the Guardianship Act 1973;

(o)

Part II of the Matrimonial Causes Act 1973 M1 ;

(p)

the Children Act 1975;

(q)

the Supplementary Benefits Act 1976;

(r)

the Domestic Proceedings and Magistrates Courts Act 1978 M2 ;

(s)

Part III of the Matrimonial and Family Proceedings Act 1984 M3 ;

(t)

the Family Law (Scotland) Act 1985 M4 ;

(u)

the Social Security Act 1986;

(v)

Schedule 1 to the Children Act 1989 M5 ;

(w)

the Social Security Administration Act 1992.

F2(x)

Schedule 5, 6 or 7 to the Civil Partnership Act 2004.

(2)

Subject to paragraphs (3) and (4), where a maintenance F3calculation is made with respect to—

(a)

all of the children with respect to whom an order falling within paragraph (1) is in force; or

(b)

one or more but not all of the children with respect to whom an order falling within paragraph (1) is in force and where the amount payable under the order to or for the benefit of each child is separately specified,

that order shall, so far as it relates to the making or securing of periodical payments to or for the benefit of the children with respect to whom the maintenance F4calculation has been made, cease to have effect F5on the effective date of the maintenance calculation..

(3)

The provisions of paragraph (2) shall not apply where a maintenance order has been made in accordance with section 8(7) or (8) of the Act.

(4)

In Scotland, where—

(a)

an order has ceased to have effect by virtue of the provisions of paragraph (2) to the extent specified in that paragraph; and

(b)

F6the Secretary of State no longer has jurisdiction to make a maintenance F7calculation with respect to a child with respect to whom the order ceased to have effect,

that order shall, so far as it relates to that child, again have effect from the date F8the Secretary of State no longer has jurisdiction to make a maintenance F9calculation with respect to that child.

(5)

~~F10F11 Subject to regulation 33(7) of the~~ ~~Maintenance Assessment Procedure Regulations~~ , where a maintenance assessment is made with respect to children with respect to whom an order falling within paragraph (1) is in force, the effective date of that assessment shall be two days after the assessment is made.

(6)

~~F12Where the provisions of paragraph (2) apply to an order, that part of the order to which those provisions apply shall cease to have effect from the effective date of the maintenance assessment.~~

(7)

F13F14Where at the time an interim maintenance assessment was made there was in force with respect to children in respect of whom that interim maintenance assessment was made an order falling within paragraph (1), the effective date of a maintenance assessment subsequently made in accordance with Part I of Schedule 1 to the Act in respect of those children shall be the effective date of that interim maintenance assessment as determined under paragraph (5).

(8)

~~F15F16F17 Subject to regulation 33(7) of the~~ ~~Maintenance Assessment Procedure Regulations~~ , ~~where—~~

(a)

~~a maintenance assessment is made in accordance with Part I of Schedule 1 to the Act in respect of children with respect to whom an order falling within paragraph (1) was in force; and~~

(b)

that order ceases to have effect on or after 18th April 1995, for reasons other than the making of an interim maintenance assessment, but prior to the date on which the maintenance assessment is made and after—

(i)

~~the date on which a maintenance enquiry form referred to in regulation 5(2) of the Maintenance Assessment Procedure Regulations was given or sent to the~~ ~~F18non-resident parent, where the application for a maintenance assessment was made by a person with care or a child under section 7 of the Act; or~~

(ii)

~~the date on which a maintenance application which complies with the provisions of regulation 2 of the Maintenance Assessment Procedure Regulations was received by the Secretary of State from an~~ ~~F19non-resident parent~~,

~~the effective date of that maintenance assessment shall be the day following that on which the court order ceased to have effect.~~

Annotations

Textual amendments

F1: Reg. 3(1) substituted (18.4.1995) by Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 27(2)
F2: Reg. 3(1)(x) added (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 4 para. 4 (with art. 3)
F3: Word in reg. 3(2) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F4: Word in reg. 3(2) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F5: Words in reg. 3(2) added (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 8(1)(a) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F6: Words in reg. 3(4) inserted (1.6.1999) by Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 31(1)
F7: Word in reg. 3(4)(b) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F8: Words in reg. 3(4) inserted (1.6.1999) by Social Security Act 1998 (Commencement No. 7 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/1510), arts. 3(1), 31(1)
F9: Word in reg. 3(4) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F10: Reg. 3(5) omitted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 8(1)(b) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F11: Words in reg. 3(5) inserted (22.1.1996) by Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 13
F12: Reg. 3(6) omitted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 8(1)(b) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F13: Reg. 3(7) omitted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 8(1)(b) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F14: Reg. 3(7) added (16.2.1995) by Child Support (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/123), regs. 1(1), 3
F15: Reg. 3(8) omitted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 8(1)(b) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F16: Reg. 3(8) added (18.4.1995) by Child Support and Income Support (Amendment) Regulations 1995 (S.I. 1995/1045), regs. 1(2), 27(3)
F17: Words in reg. 3(8) inserted (22.1.1996) by Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 13
F18: Words in reg. 3(8)(b)(i) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(1) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F19: Words in reg. 3(8)(b)(ii) substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(1) (with reg. 10); S.I. 2003/192, art. 3, Sch.
F20: Word in reg. 3 heading substituted (coming into force and with effect for specified purposes on various dates in accordance with reg. 1(3)(d) of the amending S.I. and s. 26, Sch. 3 para. 11(19)(20) of 2000 c. 19) by Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000, (S.I. 2001/161), regs. 1(3)(d), 2(2) (with reg. 10); S.I. 2003/192, art. 3, Sch.

Marginal citations

M1: 1973 c.18.
M2: 1978 c.22.
M3: 1984 c.42.
M4: 1985 c.37.
M5: 1989 c.41.