The Child Support Commissioners (Procedure) Regulations 1992

PART V MISCELLANEOUS AND SUPPLEMENTARY

Confidentiality

22.—(1) No information such as is mentioned in paragraph (2), and which has been furnished for the purposes of any proceedings to which these Regulations apply, shall be disclosed except with the written consent of the person to whom the information relates.

(2) The information mentioned in paragraph (1) is—

(a) the address, other than the address of the office of the Commissioner concerned and the place where the oral hearing (if any) is to be held; and

(b) any other information the use of which could reasonably be expected to lead to a person being located.

General powers of a Commissioner

23.—(1) Subject to the provisions of these Regulations, and without prejudice to regulations 7 and 10, a Commissioner may adopt such procedure in relation to any proceedings before him as he sees fit.

(2) A Commissioner may, if he thinks fit—

(a) subject to regulations 2(5) and 6(2), extend the time specified by or under these Regulations for doing any act, notwithstanding that the time specified may have expired;

(b) abridge the time so specified; or

(c) expedite the proceedings in such manner as he thinks fit.

(3) Subject to paragraph (4), a Commissioner may, if he thinks fit, either on the application of a party or of his own motion, strike out for want of prosecution any application for leave to appeal or any appeal.

(4) Before making an order under paragraph (3), the Commissioner shall send notice to the party against whom it is proposed that it shall be made giving him an opportunity to show cause why it should not be made.

(5) A Commissioner may, on application by the party concerned, give leave to reinstate any application or appeal which has been struck out in accordance with paragraph (3) and, on giving leave, he may make such directions as to the future conduct of the proceedings as he thinks fit.

(6) Nothing in these Regulations shall be construed as derogating from any other power which is exercisable apart from these Regulations.

Manner of and time for service of notices, etc.

24.—(1) Any notice or other document required or authorised to be given or sent to any party under the provisions of these Regulations shall be deemed to have been given or sent if it was sent by post properly addressed and pre-paid to that party at his ordinary or last notified address.

(2) Any notice or other document given, sent or served by post shall be deemed to have been given on the day on which it was posted.

(3) Any notice or other document required to be given, sent or submitted to or served on a Commissioner—

(a) shall be given, sent or submitted to an office of the Child Support Commissioners;

(b) shall be deemed to have been given, sent or submitted if it was sent by post properly addressed and pre-paid to an office of the Child Support Commissioners.

Application to a Commissioner for leave to appeal to the Courts

25.—(1) A person who was a party to the proceedings in which the original decision or appeal decision was given (both of those expressions having the meaning assigned to them by section 25 of the Act) may appoint any person for the purpose of making an application for leave to appeal under section 25 of the Act.

(2) An application to a Commissioner under section 25 of the Act for leave to appeal against a decision of a Commissioner shall be made in writing and shall be made within 3 months from the date on which the applicant was given written notice of the decision.

(3) In a case where the Chief Commissioner considers that it is impracticable, or would be likely to cause undue delay, for such an application to be determined by the Commissioner who decided the case, that application shall be determined—

(a) where the decision was a decision of an individual Commissioner, by the Chief Commissioner or a Commissioner selected by the Chief Commissioner; and

(b) where the decision was a decision of a Tribunal of Commissioners, by a differently constituted Tribunal of Commissioners selected by the Chief Commissioner.

(4) If the office of Chief Commissioner is vacant, or if the Chief Commissioner is unable to act, paragraph (3) shall have effect as if the expression “the Chief Commissioner” referred to such other of the Commissioners as may have been nominated to act for the purpose either by the Chief Commissioner or, if he has not made such a nomination, by the Lord Chancellor.

(5) Regulations 16(1) and 16(3) shall apply to applications to a Commissioner for leave to appeal from a Commissioner as they do to the proceedings therein set out.