The Child Support Information Regulations 2008

Information from a court

6.—(1) Where there is or has been a relevant court order, or there have been proceedings in which such an order was sought or where such proceedings are pending, the persons mentioned in paragraph (2) must furnish such information or evidence in relation to that order or those proceedings as is required by the [F1 Secretary of State] and is needed for any of the purposes mentioned in regulation 4(1).

(2) The persons who are required to furnish information or evidence are—

(a) in England and Wales—

(i) in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;

[F2 (ii) in relation to the family court, a judge of that court;]

(b) in Scotland—

(i) in relation to the Court of Session, the Deputy Principal Clerk of Session;

(ii) in relation to a sheriff court, the sheriff clerk.

(3) In paragraph (1) “relevant court order” means—

(a) an order as to periodical or capital provision or as to variation of property rights made under an enactment specified in paragraphs (a) to (ea) of section 8(11) of the 1991 Act or prescribed under section 8(11) of that Act in relation to a person who has made an application for a maintenance calculation or a qualifying child, person with care or non-resident parent in relation to such an application;

(b) an order under Part II of the Children Act 1989 M1 (orders with respect to children in family proceedings) in relation to a qualifying child or, in Scotland, an order under section 3 of the Law Reform (Parent and Child) (Scotland) Act 1986 M2 or a decree of declarator under section 7 of that Act in relation to a qualifying child.

Textual Amendments

F1 Words in reg. 6(1) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 116(5)

F2 Reg. 6(2)(a)(ii) substituted for reg. 6(2)(a)(ii) (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 121

Marginal Citations

M1 1989 c. 41.

M2 1986 c. 9.