- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Child Support (Northern Ireland) Order 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
25.—(1) Any person who is aggrieved by a decision of[F1 an appeal tribunal, and the Department], may appeal to a Child Support Commissioner on a question of law.
Para. (1A) rep. by 1998 NI 10
(2) Where, on an appeal under this Article, a Child Support Commissioner holds that the decision appealed against was wrong in law he shall set it aside.
(3) Where a decision is set aside under paragraph (2), the Child Support Commissioner may—
(a)if he can do so without making fresh or further findings of fact, give the decision which he considers should have been given by[F1 the appeal tribunal];
(b)if he considers it expedient, make such findings and give such decision as he considers appropriate in the light of those findings; or
[F2(c)on an appeal by the Department, refer the case to[F1 an appeal tribunal] with directions for its determination; or
(d)on any other appeal, refer the case to[F1 the Department] or, if he considers it appropriate, to[F1 an appeal tribunal] with directions for its determination.]
[F1(4) The reference under paragraph (3) to the Department shall, subject to any direction of the Child Support Commissioner, be to an officer of the Department, or to a person providing it with services, who has taken no part in the decision originally appealed against.]
(5) On a reference under paragraph (3) to[F1 an appeal tribunal], the tribunal shall, subject to any direction of the Child Support Commissioner, consist of persons who were not members of the tribunal which gave the decision which has been appealed against.
(6) No appeal lies under this Article without the leave—
(a)of the person[F1 who constituted, or was the chairman, of the appeal tribunal] when the decision appealed against was given or of[F1 such other person] as may be determined in accordance with regulations made by the Lord Chancellor; or
(b)subject to and in accordance with regulations so made, of a Child Support Commissioner.
(7) The Lord Chancellor may by regulations make provision as to the manner in which and the time within which appeals under this Article are to be brought and applications for leave under this Article are to be made.
(8) Where a question which would otherwise fall to be determined by[F1 the Department] first arises in the course of an appeal to a Child Support Commissioner, he may, if he thinks fit, determine it even though it has not been considered by[F1 the Department].
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.