The Child Support (Northern Ireland) Order 1991

Information N.I.

Information required by the Department N.I.

16.—(1) The Department may make regulations requiring any information or evidence needed for the determination of any application [F1 made or treated as made] under this Order, or any question arising in connection with such an application, [F2 (or application treated as made), or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Order,] or needed in connection with the collection or enforcement of child support or other maintenance under this Order, to be furnished—

(a) by such persons as may be determined in accordance with regulations made by the Department; and

(b) in accordance with the regulations.

[F3 (1A) Regulations under paragraph (1) may make provision for notifying any person who is required to furnish any information or evidence under the regulations of the possible consequences of failing to do so.]

Paras. (2), (2A) rep. by 1995 NI 13

(3) The Department may by regulations make provision authorising the disclosure by itF4 . . . , in such circumstances as may be prescribed, of such information held by[F4 it] for purposes of this Order as may be prescribed.

Para. (4) rep. by 1995 NI 13

F1 Words in art. 16(1) inserted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 68(2), Sch. 3 para. 16; S.R. 2003/53, art. 3(1), Sch.

F2 Words in art. 16(1) inserted (3.3.2003 for certain purposes otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 12, 68(2); S.R. 2003/53, art. 3(1), Sch.

F3 1995 NI 13

F4 1998 NI 10

[F5 Information - offences N.I.

16A.— (1) This Article applies to—

(a) persons who are required to comply with regulations under Article 7(4); and

(b) persons specified in regulations under Article 16(1)(a).

(2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—

(a) he makes a statement or representation which he knows to be false; or

(b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.

(3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.

(4) It is a defence for a person charged with an offence under paragraph (3) to prove that he had a reasonable excuse for failing to comply.

(5) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

F5 2000 c. 4 (NI)

Powers of inspectors N.I.

17.— [F6 (1) The Department may appoint, on such terms as it thinks fit, persons to act as inspectors under this Article.

(2) The function of inspectors shall be to acquire information which the Department needs for any of the purposes of this Order.

(3) Every inspector shall be given a certificate of his appointment.

(4) An inspector shall have power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—

(a) are liable to inspection under this Article; and

(b) are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this Article,

and may there make such examination and inquiry as he considers appropriate.

(4A) Premises liable to inspection under this Article are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—

(a) premises at which a non-resident parent is or has been employed;

(b) premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;

(c) premises at which there is information held by a person ( “A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A's own trade, profession, vocation or business.]

(5) An inspector exercising his powers may question any person aged 18 or over whom he finds on the premises.

(6) If required to do so by an inspector exercising his powers,[F6 any such person] shall furnish to the inspector all such information and documents as the inspector may reasonably require.

(7) No person shall be required under this Article to answer any question or to give any evidence tending to incriminate himself or, in the case of a person who is married[F7 or is a civil partner], his or her spouse[F7 or civil partner].

(8) On applying for admission to any premises in the exercise of his powers, an inspector shall, if so required, produce his certificate.

(9) If any person—

(a) intentionally delays or obstructs any inspector exercising his powers; or

(b) without reasonable excuse, refuses or neglects to answer any question or furnish any information or to produce any document when required to do so under this Article,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) In this Article—

• “certificate” means a certificate of appointment issued under this Article;

• “inspector” means an inspector appointed under this Article;

• “powers” means powers conferred by this Article;F6 . . .

• Definition rep. by 2000 c. 4 (NI)

[F6 (11) In this Article, “premises” includes—

(a) moveable structures and vehicles, vessels, aircraft and hovercraft;

(b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and

(c) places of all other descriptions whether or not occupied as land or otherwise,

and references in this Article to the occupier of premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.]

F6 2000 c. 4 (NI)

F7 2004 c.33