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The Child Support Information Regulations 2008

Consolidated Text As Enacted Cited authorities 83 Cited in Amendments 19 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2008/2551
Year2008
  • These Regulations may be cited as the Child Support Information Regulations 2008 and come into force on 27th October 2008.
    • (1) In these Regulations—
    • “the 1991 Act” means the Child Support Act 1991;
    • F50“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;
    • “local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
    • F39
    (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) References in these Regulations to a non-resident parent are to a person who is the non-resident parent in relation to an application for a maintenance calculation or in relation to a maintenance calculation that is or has been in force and includes a person treated as a non-resident parent by virtue of regulations made under section 42 of the 1991 Act.
  • The Schedule makes provision for the use of electronic communications.
    • the non-resident parent to be identified or traced (where that is necessary) ;the amount of child support maintenance payable by the non-resident parent to be calculated; orthat amount to be recovered from the non-resident parent.(2) A qualifying child who has made an application for a maintenance calculation under section 7 of the 1991 Act (right of a child in Scotland to apply for a calculation) must furnish such information as the F23Secretary of State requires for any of the purposes, except enabling the non-resident parent to be identified, set out in paragraph (1) .for the determination of any application made under the 1991 Act or any question arising in connection with such an application;for the making of any decision, or in connection with the imposition of any condition or requirement, under that Act; orin connection with the collection or enforcement of child support or other maintenance under that Act.subject to regulation 5, the non-resident parent;a current or previous employer of the non-resident parent;a person for whom the non-resident parent is providing or has provided services under a contract for services;a person who acts or has acted as an accountant for the non-resident parent;a person, other than the applicant, who provides day to day care for a child in respect of whom an application for a maintenance calculation has been made or in respect of whom a maintenance calculation is or has been in force;a credit reference agency within the meaning given by the Consumer Credit Act 1974 a local authority in whose area the non-resident parent or the person with care resides or has resided;under the Road Traffic (Northern Ireland) Order 1981 under the Prison Act 1952 a person who, in the course of business, may lawfully accept deposits in the United Kingdom;a person who, within the meaning of the Electricity Act 1989 a person who is the holder of a licence under section 7 of the Gas Act 1986 who is carrying on, or who has carried on, share trading or investment management;who is communicating, or who has communicated, in the course of business, an invitation or inducement to engage in share trading or investment management;carry on share trading or investment management;communicate, in the course of business, an invitation or inducement to engage in share trading or investment management;except where sub-paragraph (d) applies, a person providing, or who has provided, professional services to the non-resident parent, P or P’s intermediary, in relation to the activities described in sub-paragraph (ka) or (kb) ;a proprietor of an Academy, where “proprietor” and “Academy” have the same meaning as in section 579 of the Education Act 1996;
  • a qualifying lender (within the meaning given in section 19(7) of the Welfare Reform and Work Act 2016) ;
  • a trustee, manager or administrator of an occupational
  • the Motor Insurers’ Bureau, a company limited by guarantee, or its officers where officer has the meaning given by section 1173(1) of the Companies Act 2006.
    • (3) The persons mentioned in paragraph (2) (b) and (c) include persons employed in the service of the Crown or otherwise in the discharge of Crown functions.(4) For the purposes of this regulation—
    • “the 2001 Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
    • “the 2005 Order” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
    • “carrying on share trading or investment management” means carrying on a regulated activity referred to in—
      • (a) any of articles 14, 21, 25, 40, 45 or 53 of the 2001 Order in relation to shares or stock within the meaning of article 76 of that Order;
      • (b) article 37 of the 2001 Order,
      and an expression referring to this is to be construed accordingly;
    • “engage in share trading or investment management” means engaging in an activity referred to in—
      • (a) any of paragraphs 3, 4, 6, 7 or 11 of Part I of Schedule 1 to 2005 Order in relation to shares or stock within the meaning of paragraph 14 of Part II of Schedule 1 to that Order,
      • (b) paragraph 5 of Part I of Schedule 1 to the 2005 Order;
      and an expression referring to this is to be construed accordingly;
    • “communicate” has the same meaning as in section 21(13) of the Financial Services and Markets Act 2000;
    • “in the course of business” and “invitation or inducement” have the same meanings as in the Financial Services and Markets Act 2000;
    • “professional services” has the same meaning as in section 327(8) of the Financial Services and Markets Act 2000;
    • “regulated activity” has the same meaning as in section 22 of the Financial Services and Markets Act 2000.

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