The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005

Statutory Instruments

2005 No. 207

SOCIAL SECURITY

FAMILY LAW

CHILD SUPPORT

The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005

Made

3rd February 2005

Laid before Parliament

4th February 2005

Coming into force

28th February 2005

The Lord Chancellor, in exercise of the powers conferred upon him by sections 14(11), 15(3), 16(1), 79(2) and 84 of, and paragraphs 1 and 3 to 5 of Schedule 5 to, the Social Security Act 1998(1), sections 14(11), 15(3), and 16(1) of, and paragraphs 1 and 3 to 5 of Schedule 5 to, the Social Security Act 1998 as applied and modified by the Tax Credits (Appeals) Regulations 2002(2), sections 22(3), 24(6) and (7) and 25(5) of the Child Support Act 1991(3), paragraphs 8(8), 9(3), 10(1), 20(1) and (3) and 23(1) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000(4) and section 4(2) of the Forfeiture Act 1982(5), after consultation with the Scottish Ministers(6) and, in accordance with section 8(1) of the Tribunals and Inquiries Act 1992(7), with the Council on Tribunals, makes the following Regulations:

(1)

1998 c. 14. Section 84 is an interpretation provision and is cited because of the meaning assigned to the word “prescribe”.

(2)

S.I. 2002/2926, amended by S.I. 2004/372.

(3)

1991 c. 48. Section 24(6) was amended by the Social Security Act 1998 (c. 14), section 86(1) and paragraph 30(6) to Schedule 7.

(4)

2000 c. 19. Paragraph 23(1) of Schedule 7 is an interpretation provision and is cited because of the meaning assigned to the word “prescribed”.

(5)

1982 c. 34. The functions of the Secretary of State in making regulations with respect to proceedings before the Social Security Commissioners under section 4(2) were transferred to the Lord Chancellor by the Transfer of Functions (Social Security Commissioners) Order 1984, article 3 and Schedule (S.I. 1984/1818). Section 4(2) was also amended by the Social Security Act 1986 (c. 50), section 76(3), the Social Security (Consequential Provisions) Act 1992 (c. 6), section 4 and paragraph 63(1) of Schedule 2, and the Social Security Act 1998 (c. 14), section 86(1) and paragraph 11(1) of Schedule 7.

(6)

The functions of the Lord Advocate under section 79(2) of the Social Security Act 1998 (c. 14) and sections 22(3), 24(9) and 25(6) of the Child Support Act 1991 (c. 48) were transferred to the Secretary of State by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), Article 2(1) and the Schedule. Those functions were then treated as being exercisable in or as regards Scotland, for the purposes of section 63 of the Scotland Act 1998 (c. 46), by the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), Article 3 and paragraphs 12 and 19 of Schedule 1, and transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), Article 2 and Schedule 1.

(7)

1992 c. 53.