The Child Support (Information, Evidence and Disclosure and Maintenance Arrangements and Jurisdiction) (Amendment) Regulations 2000

Amendment of regulation 3, omission of regulation 7 and insertion of regulation 7A of the Jurisdiction Regulations

8.—(1) In regulation 3 of the Jurisdiction Regulations—

(a) in paragraph (2) after the words “cease to have effect” there shall be added the words “on the effective date of the maintenance calculation.”; and

(b) paragraphs (5) to (8) shall be omitted.

(2) Regulation 7 of the Jurisdiction Regulations shall be omitted.

(3) After regulation 7 of the Jurisdiction Regulations there shall be inserted—

“Prescription for the purposes of jurisdiction

7A.— (1) The companies prescribed for the purposes of section 44(2A)(c) of the Act (non-resident parents not habitually resident in the United Kingdom but employed by prescribed companies) are companies which employ employees to work outside the United Kingdom but make calculations and payment arrangements in relation to the earnings of those employees in the United Kingdom so that a deduction from earnings order may be made under section 31 of the Act in respect of the earnings of any such employee who is a liable person for the purposes of that section.

(2) The following bodies are prescribed for the purposes of section 44(2A)(d) of the Act (non-resident parents not habitually resident in the United Kingdom but employed by a prescribed body)—

(a) a National Health Service Trust established by order made under section 5 of the National Health Service and Community Care Act 1990(1) (“the 1990 Act”) or under section 12A of the National Health Service (Scotland) Act 1978(2) (“the 1978 Act”);

(b) a Primary Care Trust established by order made under section 16A of the National Health Service Act 1977(3);

(c) a Health Authority established under section 8 of the National Health Service Act 1977(4) (“the 1977 Act”);

(d) a Special Health Authority established under section 11 of the 1977 Act(5);

(e) a local authority, and for this purpose “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(6);

(f) a Health and Social Service Trust established by order made under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(7);

(g) a Health and Social Services Board established by order made under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(8) (“the 1972 Order”);

(h) the Central Services Agency established by order made under Article 26 of the 1972 Order;

(i) a Special Agency established by order made under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(9);

(j) a Health Board constituted under section 2 of the 1978 Act; and

(k) a Special Health Board constituted under section 2 of the 1978 Act.”.

(1)

1990 c. 19. Section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17), by paragraph 65(2) of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46) and by sections 13(1) and 14 of the Health Act 1999 (c. 8).

(2)

1978 c. 29. Section 12A was inserted by section 31 of the 1990 Act and amended by section 46(1) of the Health Act 1999.

(3)

1977 c. 49. Section 16A was inserted by section 2(1) of the Health Act 1999. Section 16A was commenced in England on 4th January 2000. Section 16A has not been commenced in Wales.

(4)

Section 8 was substituted by section 1 of the Health Authorities Act 1995 and amended by paragraph 5 of Schedule 4 to the Health Act 1999.

(5)

Section 11 was amended by paragraph 3 of Schedule 1 to the Health Authorities Act 1995 and by paragraph 6 of Schedule 4 to the Health Act 1999.

(6)

1994 c. 39.

(7)

S.I. 1991/194 (N.I.1). Article 10 was amended by Article 3(8) of the Health and Personal Social Services (Northern Ireland) Order 1994 S.I. 1994/429 (N.I.2).

(8)

S.I. 1972/1265 (N.I.14).

(9)

S.I. 1990/247 (N.I.3).