The Child Support (Information, Evidence and Disclosure) Regulations 1992

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Child Support (Information, Evidence and Disclosure) Regulations 1992 and shall come into force on 5th April 1993.

(2) In these Regulations, unless the context otherwise requires—

• “the Act” means the Child Support Act 1991;

  “appropriate authority” means—

  (a)

  in relation to housing benefit, the housing or local authority concerned; and

  (b)

  in relation to council tax benefit, the billing authority or, in Scotland, the levying authority;

• [F1 “deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;]

• [F2 “local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;]

  [F3 “Maintenance Calculations and Special Cases Regulations” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000;]

  [F4 “Maintenance Calculation Procedure Regulations” means the Child Support (Maintenance Calculation Procedure) Regulations 2000;]

  “parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care;

  “related proceedings” means proceedings in which a relevant court order was or is being sought;

  “relevant court order” means—

  (a)

  an order as to periodical or capital provision or as to variation of property rights made under an enactment specified in paragraphs (a) to (e) of section 8(11) of the Act or prescribed under section 8(11)(f) of the Act in relation to a qualifying child or a relevant person; or

  (b)

  an order under Part II of the Children Act 1989 M1 (Orders With Respect To Children In Family Proceedings) in relation to a qualifying child or, in Scotland, an order under section 3 of the Law Reform (Parent and Child) (Scotland)Act 1986 M2 or a decree of declarator under section 7 of that Act in relation to a qualifying child;

• “relevant person” means—

  (a)

  a person with care;

  (b)

  a [F5 non-resident parent];

  (c)

  a parent who is treated as a [F6 non-resident parent] under [F7 regulation 8 of the Maintenance Calculations and Special Cases Regulations];

  (d)

  where the application for a [F8 calculation] is made by a child under section 7 of the Act, that child,

• in respect of whom [F9 a maintenance calculation has been applied for, or has been treated as applied for under section 6(3) of the Act, or is or has been in force.]

• [F10 “taxable profits” means profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.]

(3) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Textual Amendments

F1 Words in reg. 1(2) inserted (6.4.2008) by Child Support (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/536), regs. 1, 2(2)

F2 Words in reg. 1(2) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(1)(a) (with reg. 10)

F3 Words in reg. 1(2) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 3(1)(a) (with reg. 10)

F4 Words in reg. 1(2) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 3(1)(b) (with reg. 10)

F5 Words in reg. 1(2) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F6 Words in reg. 1(2) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(1) (with reg. 10)

F7 Words in reg. 1(2) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 3(2) (with reg. 10)

F8 Words in reg. 1(2) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 2(2) (with reg. 10)

F9 Words in reg. 1(2) substituted (3.3.2003, See reg. 1 for relevant effective date in certain circumstances) by S.I. 2001/161, reg. 1(3)(d), 5(1)(b) (with reg. 10)

F10 Words in reg. 1(2) inserted (1.8.2007) by The Child Support (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/1979), regs. 1, 3(2)

Marginal Citations

M1 1989 c.41.

M2 1986 c.9.