The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

Regulation 4

SCHEDULE 2 U.K. PROVISIONS RELATING TO INFORMATION

1.—(1) The following are designated for the purposes of Article 61(1) of the Maintenance Regulation to provide the information referred to in Article 61(2) to the Central Authorities designated under paragraph 2 of Schedule 1— U.K.

(a) the Secretary of State;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F2 Revenue and Customs officers];

(d) the Department for Employment and Learning in Northern Ireland;

(e) the Department of the Environment in Northern Ireland;

(f) the Department of Finance and Personnel in Northern Ireland;

(g) the Department for Social Development in Northern Ireland.

(2) The information to be supplied by the Secretary of State is limited to information held for functions relating to social security [F3 , child support] or employment or training.

[F4 (3) In sub-paragraph (2), “functions relating to social security” includes functions relating to statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992 and maternity allowance under section 35 of that Act.]

[F4 (4) In this Schedule, references to the Secretary of State include a person providing services to the Secretary of State in connection with the functions mentioned in sub-paragraph (2).]

Textual Amendments

F1 Sch. 2 para. 1(1)(b) revoked (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 8(3)(a)(i)

F2 Words in Sch. 2 para. 1(1)(c) substituted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 8(3)(a)(ii)

F3 Words in Sch. 2 para. 1(2) inserted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 8(3)(a)(iii)

F4 Sch. 2 para. 1(3)(4) inserted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 8(3)(a)(iv)

2.  Subject to the provisions of Chapter VII of the Maintenance Regulation, the persons and authorities to whom the Central Authorities transmit information in accordance with Article 62(1) of that Regulation may process that information in any manner necessary to facilitate the adjudication and recovery of maintenance claims. U.K.

3.—(1) Information referred to in Article 61(2) of the Maintenance Regulation which is received by a Central Authority F5 ... from a body or person designated under paragraph 1 cannot be disclosed to another person unless the disclosure is in connection with a function of the Central Authority under, and is in accordance with, Chapter VII of the Maintenance Regulation. U.K.

(2) Sub-paragraph (1) does not apply to—

(a) the disclosure of information which is in the form of a summary or collection of information so framed as not to enable identification of any person from the information;

(b) disclosure which is made in pursuance of an order of a court;

(c) disclosure which is required by any other enactment.

Textual Amendments

F5 Words in Sch. 2 para. 3(1) revoked (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 8(3)(b)

4.—(1) Subject to sub-paragraph (3), a person who— U.K.

(a) is or has been employed by a Central Authority designated under paragraph 2 of Schedule 1; or

(b) provides or has provided services to such a Central Authority,

is guilty of an offence if [F6 that person] discloses, otherwise than in accordance with paragraph 3, information referred to in Article 61(2) of the Maintenance Regulation which has been obtained from a person or body designated under paragraph 1 and which relates to a person whose identity is specified in the information disclosed or can be deduced from it.

(2) It is a defence to prove that, at the time of the alleged offence, the person believed that [F7 the person] was making the disclosure lawfully in accordance with this Schedule and the Maintenance Regulation, and had no reasonable cause to believe otherwise.

(3) Sub-paragraph (1) does not apply to disclosure of information received by such a person—

(a) from the Department for Employment and Learning in Northern Ireland, the Department of the Environment in Northern Ireland, or the Department of Finance and Personnel in Northern Ireland;

(b) from the Secretary of State where the information so disclosed is held by the Secretary of State for the purposes of employment and training only.

Textual Amendments

F6 Words in Sch. 2 para. 4(1) substituted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 8(3)(c)(i)

F7 Words in Sch. 2 para. 4(2) substituted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 8(3)(c)(ii)

5.  A person found guilty of an offence under this Schedule shall be liable— U.K.

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum or to both.

[F8 6.   In this Schedule, references to a Central Authority include persons employed by or supplying services to that Central Authority.] U.K.

Textual Amendments

F8 Sch. 2 para. 6 inserted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 8(3)(d)