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The Child Support(Northern Ireland) Order 1991

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This is the original version (as it was originally made).

Jurisdiction

Jurisdiction

41.—(1) A child support officer shall have jurisdiction to make a maintenance assessment with respect to a person who is—

(a)a person with care;

(b)an absent parent; or

(c)a qualifying child,

only if that person is habitually resident in the United Kingdom.

(2) Where the person with care is not an individual, paragraph (1) shall have effect as if sub-paragraph (a)were omitted.

(3) The Department may by regulations make provision for the cancellation of any maintenance assessment where—

(a)the person with care, absent parent or qualifying child with respect to whom it was made ceases to be habitually resident in the United Kingdom;

(b)in a case falling within paragraph (2), the absent parent or qualifying child with respect to whom it was made ceases to be habitually resident in the United Kingdom; or

(c)in such circumstances as may be prescribed, a maintenance order of a prescribed kind is made with respect to any qualifying child with respect to whom the maintenance assessment was made.

Jurisdiction of courts in certain proceedings under this Order

42.—(1) The Lord Chancellor may by order make such provision as he considers necessary to secure that appeals, or such class of appeals as may be specified in the order—

(a)shall be made to a court instead of being made to a child support appeal tribunal; or

(b)shall be so made in such circumstances as may be so specified.

(2) In paragraph (1) “court” means the High Court, a county court or a court of summary jurisdiction.

(3) Where the effect of any order under paragraph (1) is that there are no longer any appeals which fall to be dealt with by child support appeal tribunals, the Lord Chancellor may by order provide for the abolition of those tribunals.

(4) Any order under paragraph (1) or (3) may make—

(a)such modifications of any provision of this Order or of any other statutory provision; and

(b)such transitional provision,

as the Lord Chancellor considers appropriate in consequence of any provision made by the order.

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