OpenLegislation

Regulation 5 Notifications by the Secretary of StateF11

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where F1the Secretary of State is aware that an order of a kind prescribed in paragraph (2) is in force and considers that the making of a maintenance F2calculation has affected, or is likely to affect, that order, he shall notify the persons prescribed in paragraph (3) in respect of whom that maintenance F3calculation is in force, and the persons prescribed in paragraph (4) holding office in the court where the order in question was made or subsequently registered, of the F4calculation and its effective date.

(2)

The prescribed orders are those made under an enactment mentioned in regulation 3(1).

(3)

The prescribed persons in respect of whom the maintenance F5calculation is in force are—

(a)

a person with care;

(b)

an F6non-resident parent;

(c)

a person who is treated as an F7non-resident parent under F8regulation 50 of the Child Support Maintenance Calculation Regulations 2012;

(d)

a child who has made an application for a maintenance F9calculation under section 7 of the Act.

(4)

The prescribed person holding office in the court where the order in question was made or subsequently registered is—

(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;

F10(ii)

in relation to the family court, a court officer;

(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

Words in reg. 5(1) substituted (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)

F2

Word in reg. 5(1) 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.

F3

Word in reg. 5(1) 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. 5(1) 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

Word in reg. 5(3) 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.

F6

Words in reg. 5(3)(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(1) (with reg. 10); S.I. 2003/192, art. 3, Sch.

F7

Words in reg. 5(3)(c) 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.

F8

Words in reg. 5(3)(c) substituted (10.12.2012 coming into force in accordance with reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 5(3)

F9

Word in reg. 5(3)(d) 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. 5(4)(a)(ii) substituted for reg. 5(4)(a)(ii) (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 27

F11

Words in reg. 5 heading substituted (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)