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

Amendments to the Child Support Commissioners (Procedure) Regulations 1999

3.—(1) The Child Support Commissioners (Procedure) Regulations 1999(1) shall be amended in accordance with this regulation.

(2) Under Part 1 of the Arrangement of Regulations (general provisions), after the entry for regulation 9 insert—

“9A.   Funding of legal services”.

(3) In regulation 4 (interpretation)—

(a) before the definition of “the Act” insert—

““the 1999 Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999(2);”;

(b) in the definition of “the chairman”—

(i) at the end of paragraph (i) omit “or”; and

(ii) omit paragraph (ii);

(c) after the definition of “Commissioner” insert—

““funding notice” means the notice or letter from the Legal Services Commission confirming that legal services are to be funded;

“legal aid certificate” means the certificate issued by the Scottish Legal Aid Board confirming that legal services are to be funded;”;

(d) after the definition of “legally qualified” insert—

““Legal Services Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999(3);

“live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);”;

(e) after the definition of “office” insert—

““panel member” means a person appointed to the panel constituted under section 6 of the Social Security Act 1998 and who—

(i)

has a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990(4));

(ii)

is a member of the Bar of Northern Ireland or a Solicitor of the Supreme Court of Northern Ireland; or

(iii)

is an advocate or solicitor in Scotland.”;

(f) after the definition of “respondent”—

(i) omit “and”; and

(ii) insert—

““Scottish Legal Aid Board” means the Scottish Legal Aid Board established under section 1 of the Legal Aid (Scotland) Act 1986(5); and”.

(4) In regulation 8 (manner of and time for service of notices, etc)—

(a) after paragraph (1)(b) insert—

“(ba) subject to paragraph (1A), sent by e-mail; or”;

(b) after paragraph (1) insert—

“(1A) A document may be served by e-mail on any party if the recipient has informed the person sending the e-mail in writing—

(a) that he is willing to accept service by e-mail;

(b) of the e-mail address to which the documents should be sent; and

(c) if the recipient wishes to so specify, the electronic format in which documents must be sent.”;

(c) in paragraph (2), for “delivered or sent to the office” substitute—

• “(a)

  delivered to the office in person;

  (b)

  sent to the office by prepaid post;

  (c)

  sent to the office by fax; or

  (d)

  where the office has given written permission in advance, sent to the office by e-mail”.

(5) After regulation 9 insert—

“Funding of legal services

9A.   If a party is granted funding of legal services at any time, he shall—

(a) where funding is granted by the Legal Services Commission, send a copy of the funding notice to the office;

(b) where funding is granted by the Scottish Legal Aid Board, send a copy of the legal aid certificate to the office; and

(c) notify every other party that funding has been granted.”.

(6) In regulation 10(1), for “An application” substitute “Subject to paragraphs (5) and (7), an application”.

(7) For regulation 10(6) substitute—

“(6) Where an application for leave to appeal against a decision of an appeal tribunal is made—

(a) if the chairman was a fee-paid panel member, the application may be determined by a salaried panel member; or

(b) if it is impracticable or would be likely to cause undue delay for the application to be determined by the chairman, the application may be determined by another panel member.”.

(8) After regulation 10(6) insert—

“(7) Where—

(a) any decision or the record of a decision is corrected under regulation 56 of the 1999 Regulations; or

(b) an application for a decision to be set aside under regulation 57 of the 1999 Regulations is refused for reasons other than that the application was made outside the period specified in regulation 57(3) of those Regulations,

any time limit specified by this regulation shall run from the date on which notice of the correction or refusal was sent or given to the applicant.”.

(9) After regulation 22(6) insert—

“(6A) Subject to the direction of a Commissioner—

(a) any person or organisation entitled to be present and be heard at a hearing; and

(b) any representatives of such a person or organisation,

may be present by means of a live television link.

(6B) Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.”.

(10) In regulation 26(5) before “any other information” insert “, so far as practicable,”.

(11) In regulation 28(1)—

(a) at the end of sub-paragraph (b) omit “or”; and

(b) omit sub-paragraph (c).

(12) For regulation 30(2) substitute—

“(2) Where—

(a) any decision or record of a decision is corrected under regulation 27; or

(b) an application for a decision to be set aside under regulation 28 is refused for reasons other than that the application was made outside the period specified in regulation 28(2),

the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.”.

(1)

S.I. 1999/1305.

(2)

S.I. 1999/991; frequently amended.

(3)

1999 c. 22.

(4)

1990 c. 41. Section 71 was amended by the Access to Justice Act 1999 (c. 22) section 43 and paragraphs 4 and 9 to Schedule 6, and section 106 and Part 2 of Schedule 15.

(5)

1986 c. 47.