Child Support Act 1991

Information E+W+S

14 Information required by [F1 Secretary of State]. E+W+S

(1) The Secretary of State may make regulations requiring any information or evidence needed for the determination of any application [F2 made] F3 ... under this Act, or any question arising in connection with such an application F3 ... [F4 , or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,] or needed in connection with the collection or enforcement of child support or other maintenance under this Act, to be furnished—

(a) by such persons as may be determined in accordance with regulations made by the Secretary of State; and

(b) in accordance with the regulations.

[F5 (1A) Regulations under subsection (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.]

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may by regulations make provision authorising the disclosure by [F7 the [F8 Secretary of State]] F9 ... , in such circumstances as may be prescribed, of such information held by [F7 the [F8 Secretary of State]] for purposes of this Act as may be prescribed.

(4) The provisions of Schedule 2 (which relate to information which is held for purposes other than those of this Act but which is required by the [F8 Secretary of State]) shall have effect.

Textual Amendments

F1 Words in s. 14 heading substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 9

F2 Words in s. 14(1) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(7) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F3 Words in s. 14(1) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

F4 Words in s. 14(1) inserted (3.3.2003 for specified purposes, 26.9.2008 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 12, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.; S.I. 2008/2545, art. 2

F5 S. 14(1A) inserted (1.10.1995 for specified purposes, 14.10.1996 in so far as not already in force) by Child Support Act 1995 (c. 34), s. 30(4), Sch. 3 para. 3(1); S.I. 1995/2302, art. 2, Sch. Pt. 2; S.I. 1996/2630, art. 2, Sch. Pt. 1

F6 S. 14(2)(2A) repealed (8.9.1998) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 27(a), Sch. 8; S.I. 1998/2209, art. 2, Sch. Pt. 1

F7 Words in s. 14(3) substituted (1.11.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 3 para. 10(3); S.I. 2008/2675, art. 3(b) (with art. 4)

F8 Words in s. 14(3)(4) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 9

F9 Words in s. 14(3) repealed (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 27(b), Sch. 8; S.I. 1999/1510, art. 2(f)(iii)(g)(iii)

Commencement Information

I1 S. 14 wholly in force; s. 14 not in force at Royal Assent see s. 58(2); s. 14(1)(3) wholly in force and s. 14(4) in force so far as it relates to Sch. 2 para. 2(4) at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; s. 14 in force in so far as not already in force at 5.4.1993 by S.I. 1992/2644, art. 2

[F10 14A Information—offences. E+W+S

(1) This section applies to—

(a) persons who are required to comply with regulations under section 4(4) or 7(5); and

(b) persons specified in regulations under section 14(1)(a).

(2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—

(a) he makes a statement or representation which he knows to be false; or

(b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.

(3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.

[F11 (3A) In the case of regulations under section 14 which require a person liable to make payments of child support maintenance to notify—

(a) a change of address, or

(b) any other change of circumstances,

a person who fails to comply with the requirement is guilty of an offence.]

(4) It is a defence for a person charged with an offence under subsection (3) [F12 or (3A)] to prove that he had a reasonable excuse for failing to comply.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F13 (6) In England and Wales, an information relating to an offence under subsection (2) may be tried by a magistrates' court if it is laid within the period of 12 months beginning with the commission of the offence.

(7) In Scotland, summary proceedings for an offence under subsection (2) may be commenced within the period of 12 months beginning with the commission of the offence.

(8) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date when proceedings deemed to be commenced) applies for the purposes of subsection (7) as it applies for the purposes of that section.]]

Textual Amendments

F10 S. 14A Inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 13, 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

F11 S. 14A(3A) substituted (8.10.2012) by Welfare Reform Act 2009 (c. 24), ss. 55(2), 61(3); S.I. 2012/2523, art. 2(1)(e)

F12 Words in s. 14A(4) inserted (26.9.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 36(2), 62(3); S.I. 2008/2548, art. 2(b)

F13 S. 14A(6)-(8) inserted (14.1.2010) by Welfare Reform Act 2009 (c. 24), ss. 55(3), 61(3); S.I. 2010/45, art. 2(3)

15 Powers of inspectors. E+W+S

[F14 (1) The [F15 Secretary of State] may appoint, on such terms as [F15 the Secretary of State] thinks fit, persons to act as inspectors under this section.

(2) The function of inspectors is to acquire information which the [F16 the Secretary of State] needs for any of the purposes of this Act.

(3) Every inspector is to be given a certificate of his appointment.

(4) An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—

(a) are liable to inspection under this section; and

(b) are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,

and may there make such examination and inquiry as he considers appropriate.

[F17 (4ZA) But the power under subsection (4) to enter any premises is exercisable only under the authority of a warrant issued under section 15A if—

(a) the premises are occupied, and

(b) an inspector has applied for admission to the premises for the purposes of exercising the power under that subsection but admission has been refused.]

(4A) Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—

(a) premises at which a non-resident parent is or has been employed;

(b) premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;

(c) premises at which there is information held by a person (“A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A’s own trade, profession, vocation or business.]

(5) An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.

(6) If required to do so by an inspector exercising his powers, [F18 any such person] shall furnish to the inspector all such information and documents as the inspector may reasonably require.

(7) No person shall be required under this section to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married [F19 or is a civil partner], his or her spouse [F20 or civil partner].

(8) On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.

(9) [F21 Subject to subsection (9A),] if any person—

(a) intentionally delays or obstructs any inspector exercising his powers; or

(b) without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this section,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F22 (9A) A person is guilty of an offence under subsection (9)(a) as a result of intentionally delaying or obstructing an inspector’s entry to premises that are occupied only if, at the time of the delay or obstruction, entry to the premises is authorised by a warrant issued under section 15A.]

(10) In this section—

• “certificate” means a certificate of appointment issued under this section;

• “inspector” means an inspector appointed under this section;

• “powers” means powers conferred by this section; F23 ...

• F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24 (11) In this section, “premises” includes—

(a) moveable structures and vehicles, vessels, aircraft and hovercraft;

(b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and

(c) places of all other descriptions whether or not occupied as land or otherwise,

and references in this section to the occupier of premises are to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.]

Textual Amendments

F14 S. 15(1)-(4A) substituted for s. 15(1)-(4) (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(2), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

F15 Words in s. 15(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 10(a)

F16 Words in s. 15(2) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 10(b)

F17 S. 15(4ZA) inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 11(a)

F18 Words in s. 15(6) substituted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(3), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

F19 Words in s. 15(7) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 2(a); S.I. 2005/3175, art. 2(1), Sch. 1

F20 Words in s. 15(7) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 2(b); S.I. 2005/3175, art. 2(1), Sch. 1

F21 Words in s. 15(9) inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 11(b)

F22 S. 15(9A) inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 11(c)

F23 Words in s. 15(10) repealed (2.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2001/1252, art. 2(1)(d)(i)

F24 S. 15(11) inserted (31.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 14(4), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2000/3354, art. 2(1)(a)

Modifications etc. (not altering text)

C1 S. 15 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch. 2

[F25 15A. Inspectors: warrants authorising entry E+W+S

(1) The appropriate court may issue a warrant authorising entry to premises if, on an application made by an inspector, the court is satisfied that—

(a) any of the conditions in subsection (2) is met, and

(b) each of the conditions in subsection (3) is met.

(2) The conditions referred to in subsection (1)(a) are—

(a) that, having attempted to exercise the power conferred by section 15(4), an inspector has been refused entry to the premises,

(b) that it is not practicable to communicate with any person entitled to grant entry to the premises, or

(c) that entry to the premises is unlikely to be granted unless a warrant is produced.

(3) The conditions referred to in subsection (1)(b) are—

(a) that the premises are liable to inspection under section 15 (see section 15(4A)),

(b) that the premises are premises to which it is reasonable for an inspector to require entry in order to exercise the inspector’s functions under section 15,

(c) that the premises are occupied, and

(d) that the occupier has been given at least 21 days’ notice of intention to apply for a warrant.

(4) An application for a warrant must be supported—

(a) in England and Wales, by an information in writing;

(b) in Scotland, by evidence on oath.

(5) The warrant must specify the premises to which the warrant relates.

(6) A warrant authorises an inspector’s entry to the specified premises, at any reasonable time and either alone or accompanied by such persons as the inspector thinks fit, for the purpose of exercising the inspector’s functions under section 15.

(7) But a warrant does not authorise an inspector to enter those premises at any time when the occupier is temporarily absent.

(8) A warrant ceases to have effect at the end of the period of one month beginning with the day it is issued.

(9) An inspector entering premises under a warrant must, if so required, produce the warrant for inspection by an occupier of the premises.

(10) In this section—

• “the appropriate court”—

  (a)

  in relation to premises in England and Wales, means a magistrates’ court;

  (b)

  in relation to premises in Scotland, means the sheriff or summary sheriff;

• “inspector” means an inspector appointed under section 15;

• “occupier” and “premises” have the same meanings as in section 15;

• “warrant” means a warrant issued under this section.]

Textual Amendments

F25 S. 15A inserted (4.7.2019) by The Child Support (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1084), regs. 1(3), 12