Valid from 03/04/2006
218U.K.The Child Support Act 1991 is amended as follows.
219(1)Section 8 (role of the courts with respect to maintenance of children) is amended as follows.U.K.
(2)After subsection (5) insert—
“(5A)The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.”
(3)After subsection (11) insert—
“(12)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
220U.K.In section 45 (jurisdiction of courts in certain proceedings under the Act), after subsection (7) insert—
“(8)The functions of the Lord Chancellor under this section may be exercised only after consultation with the Lord Chief Justice.
(9)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
221(1)Schedule 4 (Child Support Commissioners) is amended as follows.
(2)In paragraph 1 (tenure of office), after sub-paragraph (3) insert—
“(3A)The Lord Chancellor may remove a Child Support Commissioner under sub-paragraph (3) only with the concurrence of the appropriate senior judge.
(3B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.”
(3)In paragraph 8 (application of Schedule to Northern Ireland), before sub-paragraph (b) insert—
“(ab)paragraph 1(3A) and (3B) were omitted;”.