The Child Support (Miscellaneous Amendments) Regulations 2019

PART 4 Powers of entry and information

Amendments of the Child Support Act 1991

10.  The Child Support Act 1991 is amended as follows.

11.  In section 15(1)—

(a) after subsection (4) insert—

“(4ZA) But the power under subsection (4) to enter any premises is exercisable only under the authority of a warrant issued under section 15A if—

(a) the premises are occupied, and

(b) an inspector has applied for admission to the premises for the purposes of exercising the power under that subsection but admission has been refused.”;

(b) in subsection (9), at the beginning, insert “Subject to subsection (9A),”;

(c) after subsection (9) insert—

“(9A) A person is guilty of an offence under subsection (9)(a) as a result of intentionally delaying or obstructing an inspector’s entry to premises that are occupied only if, at the time of the delay or obstruction, entry to the premises is authorised by a warrant issued under section 15A.”

12.  After section 15 insert—

“Inspectors: warrants authorising entry

15A.— (1) The appropriate court may issue a warrant authorising entry to premises if, on an application made by an inspector, the court is satisfied that—

(a) any of the conditions in subsection (2) is met, and

(b) each of the conditions in subsection (3) is met.

(2) The conditions referred to in subsection (1)(a) are—

(a) that, having attempted to exercise the power conferred by section 15(4), an inspector has been refused entry to the premises,

(b) that it is not practicable to communicate with any person entitled to grant entry to the premises, or

(c) that entry to the premises is unlikely to be granted unless a warrant is produced.

(3) The conditions referred to in subsection (1)(b) are—

(a) that the premises are liable to inspection under section 15 (see section 15(4A)),

(b) that the premises are premises to which it is reasonable for an inspector to require entry in order to exercise the inspector’s functions under section 15,

(c) that the premises are occupied, and

(d) that the occupier has been given at least 21 days’ notice of intention to apply for a warrant.

(4) An application for a warrant must be supported—

(a) in England and Wales, by an information in writing;

(b) in Scotland, by evidence on oath.

(5) The warrant must specify the premises to which the warrant relates.

(6) A warrant authorises an inspector’s entry to the specified premises, at any reasonable time and either alone or accompanied by such persons as the inspector thinks fit, for the purpose of exercising the inspector’s functions under section 15.

(7) But a warrant does not authorise an inspector to enter those premises at any time when the occupier is temporarily absent.

(8) A warrant ceases to have effect at the end of the period of one month beginning with the day it is issued.

(9) An inspector entering premises under a warrant must, if so required, produce the warrant for inspection by an occupier of the premises.

(10) In this section—

“the appropriate court”—

(a)

in relation to premises in England and Wales, means a magistrates’ court;

(b)

in relation to premises in Scotland, means the sheriff or summary sheriff;

“inspector” means an inspector appointed under section 15;

“occupier” and “premises” have the same meanings as in section 15;

“warrant” means a warrant issued under this section.”.

Amendment of the Child Support Information Regulations 2008

13.  In regulation 4(2) of the Child Support Information Regulations 2008(2), after sub-paragraph (k), insert—

“(l) a qualifying lender (within the meaning given in section 19(7) of the Welfare Reform and Work Act 2016(3));

(m) a trustee, manager or administrator of an occupational pension scheme (within the meaning of section 1(1) of the Pension Schemes Act 1993(4)).”.

(1)

Section 15 was amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 14. There are other amendments but none is relevant to this instrument.

(2)

S.I. 2008/2551 to which there are amendments which are not relevant to these Regulations.

(3)

2016 c. 7.

(4)

1993 c. 48. Section 1 was amended by the Pensions Act 2004 (c. 35), section 239, the Finance Act 2007 (c. 11), Schedule 20, paragraph 24(1), and Schedule 27, paragraph 3(2), and S.I. 1999/1820, 2007/3014 and 2019/192.