Text Box: Text Box: Child Support Act 1991 (c. 48) Cont 1991 CHAPTER 48 ARRANGEMENT OF SECTIONS 40. Commitment to prison. 41. Arrears of child support maintenance. Special cases 42. Special cases. 43. Contribution to maintenance by deduction from benefit. Jurisdiction 44. Jurisdiction. 45. Jurisdiction of courts in certain proceedings under this Act. Miscellaneous and supplemental 46. Failure to comply with the obligations imposed by section 6. 47. Fees. 48. Right of audience. 49. Right of audience: Scotland. 50. Unauthorised disclosure of information. 51. Supplementary powers to make regulations. 52. Regulations and orders. 53. Financial provisions. 54. Interpretation. 55. Meaning of “child”. 56. Corresponding provision for and co-ordination with Northern Ireland. 57. Application to Crown. 58. Short title, commencement and extent, etc.   Schedule 1 Maintenance Assessments. Part I Calculation of Child Support Maintenance. Part II General Provisions About Maintenance Assessments. Schedule 2 Provision of Information to Secretary of State. Schedule 3 Child Support Appeal Tribunals. Schedule 4 Child Support Commissioners. Schedule 5 Consequential Amendments. 40 Commitment to prison (1) Where the Secretary of State has sought— (a) to levy an amount by distress under this Act; or (b) to recover an amount by virtue of section 36, and that amount, or any portion of it, remains unpaid he may apply to a magistrates' court for the issue of a warrant committing the liable person to prison. (2) On any such application the court shall (in the presence of the liable person) inquire as to— (a) the liable person’s means; and (b) whether there has been wilful refusal or culpable neglect on his part. (3) If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person it may— (a) issue a warrant of commitment against him; or (b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as it thinks just. (4) Any such warrant— (a) shall be made in respect of an amount equal to the aggregate of— (i) the amount mentioned in section 35(1) or so much of it as remains outstanding; and (ii) an amount (determined in accordance with regulations made by the Secretary of State) in respect of the costs of commitment; and (b) shall state that amount. (5) No warrant may be issued under this section against a person who is under the age of 18. (6) A warrant issued under this section shall order the liable person— (a) to be imprisoned for a specified period; but (b) to be released (unless he is in custody for some other reason) on payment of the amount stated in the warrant. (7) The maximum period of imprisonment which may be imposed by virtue of subsection (6) shall be calculated in accordance with Schedule 4 to the [1980 c. 43.] Magistrates' Courts Act 1980 (maximum periods of imprisonment in default of payment) but shall not exceed six weeks. (8) The Secretary of State may by regulations make provision for the period of imprisonment specified in any warrant issued under this section to be reduced where there is part payment of the amount in respect of which the warrant was issued. (9) A warrant issued under this section may be directed to such person or persons as the court issuing it thinks fit. (10) Section 80 of the Magistrates' Courts Act 1980 (application of money found on defaulter) shall apply in relation to a warrant issued under this section against a liable person as it applies in relation to the enforcement of a sum mentioned in subsection (1) of that section. (11) The Secretary of State may by regulations make provision— (a) as to the form of any warrant issued under this section; (b) allowing an application under this section to be renewed where no warrant is issued or term of imprisonment is fixed; (c) that a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be evidence of the facts stated; (d) that, for the purposes of enabling an inquiry to be made as to the liable person’s conduct and means, a justice of the peace may issue a summons to him to appear before a magistrates' court and (if he does not obey) may issue a warrant for his arrest; (e) that for the purpose of enabling such an inquiry, a justice of the peace may issue a warrant for the liable person’s arrest without issuing a summons; (f) as to the execution of a warrant for arrest. (12) Subsections (1) to (11) do not apply to Scotland. (13) For the avoidance of doubt, it is declared that a sum payable under a liability order is a sum decerned for aliment for the purposes of the [1880 c. 34.] Debtors (Scotland) Act 1880 and the [1882 c. 42.] Civil Imprisonment (Scotland) Act 1882. (14) Where a liability order has been made, the Secretary of State (and he alone) shall be regarded as, and may exercise all the powers of, the creditor for the purposes of section 4 (imprisonment for failure to obey decree for alimentary debt) of the [1882 c. 42.] Civil Imprisonment (Scotland) Act 1882. 41 Arrears of child support maintenance (1) This section applies where— (a) the Secretary of State is authorised under section 4, 6 or 7 to recover child support maintenance payable by an absent parent in accordance with a maintenance assessment; and (b) the absent parent has failed to make one or more payments of child support maintenance due from him in accordance with that assessment. (2) Where the Secretary of State recovers any such arrears he may, in such circumstances as may be prescribed and to such extent as may be prescribed, retain them if he is satisfied that the amount of any benefit paid to the person with care of the child or children in question would have been less had the absent parent not been in arrears with his payments of child support maintenance. (3) In such circumstances as may be prescribed, the absent parent shall be liable to make such payments of interest with respect to the arrears of child support maintenance as may be prescribed. (4) The Secretary of State may by regulations make provision— (a) as to the rate of interest payable by virtue of subsection (3); (b) as to the time at which, and person to whom, any such interest shall be payable; (c) as to the circumstances in which, in a case where the Secretary of State has been acting under section 6, any such interest may be retained by him; (d) for the Secretary of State, in a case where he has been acting under section 6 and in such circumstances as may be prescribed, to waive any such interest (or part of any such interest). (5) The provisions of this Act with respect to— (a) the collection of child support maintenance; (b) the enforcement of any obligation to pay child support maintenance, shall apply equally to interest payable by virtue of this section. (6) Any sums retained by the Secretary of State by virtue of this section shall be paid by him into the Consolidated Fund. 41A Arrears: alternative to interest payments (1) The Secretary of State may by regulations make provision for the payment by absent parents who are in arrears with payments of child support maintenance of sums determined in accordance with the regulations. (2) A sum payable under any such regulations is referred to in this section as an “additional sum”. (3) Any liability of an absent parent to pay an additional sum shall not affect any liability of his to pay the arrears of child support maintenance concerned. (4) The Secretary of State shall exercise his powers under this section and those under section 41(3) in such a way as to ensure that no absent parent is liable to pay both interest and an additional sum in respect of the same period (except by reference to different maintenance assessments). (5) Regulations under subsection (1) may, in particular, make provision— (a) as to the calculation of any additional sum; (b) as to the time at which, and person to whom, any additional sum shall be payable; (c) as to the circumstances in which, in a case where the Secretary of State has been acting under section 6, any additional sum may be retained by him; (d) for the Secretary of State, in a case where he has been acting under section 6 and in such circumstances as may be prescribed, to waive any additional sum (or part of any additional sum). (6) The provisions of this Act with respect to— (a) the collection of child support maintenance; (b) the enforcement of any obligation to pay child support maintenance, shall apply equally to additional sums payable by virtue of regulations made under this section. (7) Any sum retained by the Secretary of State by virtue of this section shall be paid by him into the Consolidated Fund.” 41B Repayment of overpaid child support maintenance (1) This section applies where it appears to the Secretary of State that an absent parent has made a payment by way of child support maintenance which amounts to an overpayment by him of that maintenance and that— (a) it would not be possible for the absent parent to recover the amount of the overpayment by way of an adjustment of the amount payable under a maintenance assessment; or (b) it would be inappropriate to rely on an adjustment of the amount payable under a maintenance assessment as the means of enabling the absent parent to recover the amount of the overpayment. (2) The Secretary of State may make such payment to the absent parent by way of reimbursement, or partial reimbursement, of the overpayment as the Secretary of State considers appropriate. (3) Where the Secretary of State has made a payment under this section he may, in such circumstances as may be prescribed, require the relevant person to pay to him the whole, or a specified proportion, of the amount of that payment. (4) Any such requirement shall be imposed by giving the relevant person a written demand for the amount which the Secretary of State wishes to recover from him. (5) Any sum which a person is required to pay to the Secretary of State under this section shall be recoverable from him by the Secretary of State as a debt due to the Crown. (6) The Secretary of State may by regulations make provision in relation to any case in which— (a) one or more overpayments of child support maintenance are being reimbursed to the Secretary of State by the relevant person; and (b) child support maintenance has continued to be payable by the absent parent concerned to the person with care concerned, or again becomes so payable. (7) For the purposes of this section any payments made by a person under a maintenance assessment which was not validly made shall be treated as overpayments of child support maintenance made by an absent parent. (8) In this section “relevant person”, in relation to an overpayment, means the person with care to whom the overpayment was made. (9) Any sum recovered by the Secretary of State under this section shall be paid by him into the Consolidated Fund.” Special cases 42 Special cases (1) The Secretary of State may by regulations provide that in prescribed circumstances a case is to be treated as a special case for the purposes of this Act. (2) Those regulations may, for example, provide for the following to be special cases— (a) each parent of a child is an absent parent in relation to the child; (b) there is more than one person who is a person with care in relation to the same child; (c) there is more than one qualifying child in relation to the same absent parent but the person who is the person with care in relation to one of those children is not the person who is the person with care in relation to all of them; (d) a person is an absent parent in relation to more than one child and the other parent of each of those children is not the same person; (e) the person with care has care of more than one qualifying child and there is more than one absent parent in relation to those children; (f) a qualifying child has his home in two or more separate households. (3) The Secretary of State may by regulations make provision with respect to special cases. (4) Regulations made under subsection (3) may, in particular— (a) modify any provision made by or under this Act, in its application to any special case or any special case falling within a prescribed category; (b) make new provision for any such case; or (c) provide for any prescribed provision made by or under this Act not to apply to any such case. 43 Contribution to maintenance by deduction from benefit (1) This section applies where— (a) by virtue of paragraph 5(4) of Schedule 1, an absent parent is taken for the purposes of that Schedule to have no assessable income; and (b) such conditions as may be prescribed for the purposes of this section are satisfied. (2) The power of the Secretary of State to make regulations under section 51 of the [1986 c. 50.] Social Security Act 1986 by virtue of subsection (1)(r), (deductions from benefits) may be exercised in relation to cases to which this section applies with a view to securing that— (a) payments of prescribed amounts are made with respect to qualifying children in place of payments of child support maintenance; and (b) arrears of child support maintenance are recovered. Jurisdiction 44 Jurisdiction (1) A child support officer shall have jurisdiction to make a maintenance assessment with respect to a person who is— (a) a person with care; (b) an absent parent; or (c) a qualifying child, only if that person is habitually resident in the United Kingdom. (2) Where the person with care is not an individual, subsection (1) shall have effect as if paragraph (a) were omitted. (3) The Secretary of State may by regulations make provision for the cancellation of any maintenance assessment where— (a) the person with care, absent parent or qualifying child with respect to whom it was made ceases to be habitually resident in the United Kingdom; (b) in a case falling within subsection (2), the absent parent or qualifying child with respect to whom it was made ceases to be habitually resident in the United Kingdom; or (c) in such circumstances as may be prescribed, a maintenance order of a prescribed kind is made with respect to any qualifying child with respect to whom the maintenance assessment was made. 45 Jurisdiction of courts in certain proceedings under this Act (1) The Lord Chancellor or, in relation to Scotland, the Lord Advocate may by order make such provision as he considers necessary to secure that appeals, or such class of appeals as may be specified in the order— (a) shall be made to a court instead of being made to a child support appeal tribunal; or (b) shall be so made in such circumstances as may be so specified. (2) In subsection (1), “court” means— (a) in relation to England and Wales and subject to any provision made under Schedule 11 to the [1989 c. 41.] Children Act 1989 (jurisdiction of courts with respect to certain proceedings relating to children) the High Court, a county court or a magistrates' court; and (b) in relation to Scotland, the Court of Session or the sheriff. (3) Schedule 11 to the Act of 1989 shall be amended in accordance with subsections (4) and (5). (4) The following sub-paragraph shall be inserted in paragraph 1, after sub-paragraph (2)— “(2A) Sub-paragraphs (1) and (2) shall also apply in relation to proceedings— (a) under section 27 of the Child Support Act 1991 (reference to court for declaration of parentage); or (b) which are to be dealt with in accordance with an order made under section 45 of that Act (jurisdiction of courts in certain proceedings under that Act)”. (5) In paragraphs 1(3) and 2(3), the following shall be inserted after “Act 1976”— “(bb) section 20 (appeals) or 27 (reference to court for declaration of parentage) of the Child Support Act 1991;”. (6) Where the effect of any order under subsection (1) is that there are no longer any appeals which fall to be dealt with by child support appeal tribunals, the Lord Chancellor after consultation with the Lord Advocate may by order provide for the abolition of those tribunals. (7) Any order under subsection (1) or (6) may make— (a) such modifications of any provision of this Act or of any other enactment; and (b) such transitional provision, as the Minister making the order considers appropriate in consequence of any provision made by the order. Miscellaneous and supplemental 46 Failure to comply with obligations imposed by section 6 (1) This section applies where any person (“the parent”)— (a) fails to comply with a requirement imposed on her by the Secretary of State under section 6(1); or (b) fails to comply with any regulation made under section 6(9). (2) A child support officer may serve written notice on the parent requiring her, before the end of the specified period, either to comply or to give him her reasons for failing to do so. (3) When the specified period has expired, the child support officer shall consider whether, having regard to any reasons given by the parent, there are reasonable grounds for believing that, if she were to be required to comply, there would be a risk of her or of any children living with her suffering harm or undue distress as a result of complying. (4) If the child support officer considers that there are such reasonable grounds, he shall— (a) take no further action under this section in relation to the failure in question; and (b) notify the parent, in writing, accordingly. (5) If the child support officer considers that there are no such reasonable grounds, he may give a reduced benefit direction with respect to the parent. (6) Where the child support officer gives a reduced benefit direction he shall send a copy of it to the parent. (7) Any person who is aggrieved by a decision of a child support officer to give a reduced benefit direction may appeal to a child support appeal tribunal against that decision. (8) Sections 20(2) to (4) and 21 shall apply in relation to appeals under subsection (7) as they apply in relation to appeals under section 20. (9) A reduced benefit direction shall take effect on such date as may be specified in the direction. (10) Reasons given in response to a notice under subsection (2) may be given either in writing or orally. (11) In this section— “comply” means to comply with the requirement or with the regulation in question; and “complied” and “complying” shall be construed accordingly; “reduced benefit direction” means a direction, binding on the adjudication officer, that the amount payable by way of any relevant benefit to, or in respect of, the parent concerned be reduced by such amount, and for such period, as may be prescribed; “relevant benefit” means income support, family credit or any other benefit of a kind prescribed for the purposes of section 6; and “specified”, in relation to any notice served under this section, means specified in the notice; and the period to be specified shall be determined in accordance with regulations made by the Secretary of State. 47 Fees (1) The Secretary of State may by regulations provide for the payment, by the absent parent or the person with care (or by both), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 4 or 6. (2) The Secretary of State may by regulations provide for the payment, by the absent parent, the person with care or the child concerned (or by any or all of them), of such fees as may be prescribed in cases where the Secretary of State takes any action under section 7. (3) Regulations made under this section— (a) may require any information which is needed for the purpose of determining the amount of any such fee to be furnished, in accordance with the regulations, by such person as may be prescribed; (b) shall provide that no such fees shall be payable by any person to or in respect of whom income support, family credit or any other benefit of a prescribed kind is paid; and (c) may, in particular, make provision with respect to the recovery by the Secretary of State of any fees payable under the regulations. 48 Right of audience (1) Any person authorised by the Secretary of State for the purposes of this section shall have, in relation to any proceedings under this Act before a magistrates' court, a right of audience and the right to conduct litigation. (2) In this section “right of audience” and “right to conduct litigation” have the same meaning as in section 119 of the [1990 c. 41.] Courts and Legal Services Act 1990. 49 Right of audience: Scotland In relation to any proceedings before the sheriff under any provision of this Act, the power conferred on the Court of Session by section 32 of the [1971 c. 58.] Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in sheriff court) shall extend to the making of rules permitting a party to such proceedings, in such circumstances as may be specified in the rules, to be represented by a person who is neither an advocate nor a solicitor. 50 Unauthorised disclosure of information (1) Any person who is, or has been, employed in employment to which this section applies is guilty of an offence if, without lawful authority, he discloses any information which— (a) was acquired by him in the course of that employment; and (b) relates to a particular person. (2) It is not an offence under this section— (a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or (b) to disclose information which has previously been disclosed to the public with lawful authority. (3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence— (a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or (b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise. (4) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. (5) This section applies to employment as— (a) the Chief Child Support Officer; (b) any other child support officer; (c) any clerk to, or other officer of, a child support appeal tribunal; (d) any member of the staff of such a tribunal; (e) a civil servant in connection with the carrying out of any functions under this Act, and to employment of any other kind which is prescribed for the purposes of this section. (6) For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made— (a) by a civil servant in accordance with his official duty; or (b) by any other person either— (i) for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the responsible person; or (ii) to, or in accordance with an authorisation duly given by, the responsible person; (c) in accordance with any enactment or order of a court; (d) for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person mentioned in this Act; or (e) with the consent of the appropriate person. (7) “The responsible person” means— (a) the Lord Chancellor; (b) the Secretary of State; (c) any person authorised by the Lord Chancellor, or Secretary of State, for the purposes of this subsection; or (d) any other prescribed person, or person falling within a prescribed category. (8) “The appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with— (a) under a power of attorney; (b) by a receiver appointed under section 99 of the [1983 c. 20.] Mental Health Act 1983; (c) by a Scottish mental health custodian, that is to say— (i) a curator bonis, tutor or judicial factor; or (ii) the managers of a hospital acting on behalf of that person under section 94 of the [1984 c. 36.] Mental Health (Scotland) Act 1984; or (d) by a mental health appointee, that is to say— (i) a person directed or authorised as mentioned in sub-paragraph (a) of rule 41(1) of the [S.I. 1984/2035.] Court of Protection Rules 1984; or (ii) a receiver ad interim appointed under sub-paragraph (b) of that rule; the appropriate person is the attorney, receiver, custodian or appointee (as the case may be) or, in a case falling within paragraph (a), the person to whom the information relates. 51 Supplementary powers to make regulations (1) The Secretary of State may by regulations make such incidental, supplemental and transitional provision as he considers appropriate in connection with any provision made by or under this Act. (2) The regulations may, in particular, make provision— (a) as to the procedure to be followed with respect to— (i) the making of applications for maintenance assessments; (ii) the making, cancellation or refusal to make maintenance assessments; (iii) reviews under sections 16 to 19; (b) extending the categories of case to which section 18 or 19 applies; (c) as to the date on which an application for a maintenance assessment is to be treated as having been made; (d) for attributing payments made under maintenance assessments to the payment of arrears; (e) for the adjustment, for the purpose of taking account of the retrospective effect of a maintenance assessment, of amounts payable under the assessment; (f) for the adjustment, for the purpose of taking account of over-payments or under-payments of child support maintenance, of amounts payable under a maintenance assessment; (g) as to the evidence which is to be required in connection with such matters as may be prescribed; (h) as to the circumstances in which any official record or certificate is to be conclusive (or in Scotland, sufficient) evidence; (i) with respect to the giving of notices or other documents; (j) for the rounding up or down of any amounts calculated, estimated or otherwise arrived at in applying any provision made by or under this Act. (3) No power to make regulations conferred by any other provision of this Act shall be taken to limit the powers given to the Secretary of State by this section. 52 Regulations and orders (1) Any power conferred on the Lord Chancellor, the Lord Advocate or the Secretary of State by this Act to make regulations or orders (other than a deduction from earnings order) shall be exercisable by statutory instrument. (2) No statutory instrument containing (whether alone or with other provisions) regulations made under section 4(7), 5(3), 6(1), (9) or (10), 7(8), 12(2), 41(2), (3) or (4), 42, 43(1), 46 or 47 or under Part I of Schedule 1, or an order made under section 45(1) or (6), shall be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament. (3) Any other statutory instrument made under this Act (except an order made under section 58(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) Any power of a kind mentioned in subsection (1) may be exercised— (a) in relation to all cases to which it extends, in relation to those cases but subject to specified exceptions or in relation to any specified cases or classes of case; (b) so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which it extends or any lesser provision (whether by way of exception or otherwise); (ii) the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act; (iii) provision which is either unconditional or is subject to any specified condition; (c) so to provide for a person to exercise a discretion in dealing with any matter. 53 Financial provisions Any expenses of the Lord Chancellor or the Secretary of State under this Act shall be payable out of money provided by Parliament. 54 Interpretation In this Act— “absent parent”, has the meaning given in section 3(2); “adjudication officer” has the same meaning as in the benefit Acts; “assessable income” has the meaning given in paragraph 5 of Schedule 1; “benefit Acts” means the Social Security Acts 1975 to 1991; “Chief Adjudication Officer” has the same meaning as in the benefit Acts; “Chief Child Support Officer” has the meaning given in section 13; “child benefit” has the same meaning as in the [1975 c. 61.] Child Benefit Act 1975; “child support appeal tribunal” means a tribunal appointed under section 21; “child support maintenance” has the meaning given in section 3(6); “child support officer” has the meaning given in section 13; “deduction from earnings order” has the meaning given in section 31(2); “disability living allowance” has the same meaning as in the [1975 c. 14.] Social Security Act 1975; “family credit” has the same meaning as in the benefit Acts; “general qualification” shall be construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990 (qualification for judicial appointments); “income support” has the same meaning as in the benefit Acts; “interim maintenance assessment” has the meaning given in section 12; “liability order” has the meaning given in section 33(2); “maintenance agreement” has the meaning given in section 9(1); “maintenance assessment” means an assessment of maintenance made under this Act and, except in prescribed circumstances, includes an interim maintenance assessment; “maintenance order” has the meaning given in section 8(11); “maintenance requirement” means the amount calculated in accordance with paragraph 1 of Schedule 1; “parent”, in relation to any child, means any person who is in law the mother or father of the child; “parental responsibility” has the same meaning as in the [1989 c. 41.] Children Act 1989; “parental rights” has the same meaning as in the [1986 c. 9.] Law Reform (Parent and Child) (Scotland) Act 1986; “person with care” has the meaning given in section 3(3); “prescribed” means prescribed by regulations made by the Secretary of State; “qualifying child” has the meaning given in section 3(1); 55 Meaning of “child” (1) For the purposes of this Act a person is a child if— (a) he is under the age of 16; (b) he is under the age of 19 and receiving full-time education (which is not advanced education)— (i) by attendance at a recognised educational establishment; or (ii) elsewhere, if the education is recognised by the Secretary of State; or (c) he does not fall within paragraph (a) or (b) but— (i) he is under the age of 18, and (ii) prescribed conditions are satisfied with respect to him. (2) A person is not a child for the purposes of this Act if he— (a) is or has been married; (b) has celebrated a marriage which is void; or (c) has celebrated a marriage in respect of which a decree of nullity has been granted. (3) In this section— “advanced education” means education of a prescribed description; and “recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this section as being, or as comparable to, a university, college or school. (4) Where a person has reached the age of 16, the Secretary of State may recognise education provided for him otherwise than at a recognised educational establishment only if the Secretary of State is satisfied that education was being so provided for him immediately before he reached the age of 16. (5) The Secretary of State may provide that in prescribed circumstances education is or is not to be treated for the purposes of this section as being full-time. (6) In determining whether a person falls within subsection (1)(b), no account shall be taken of such interruptions in his education as may be prescribed. (7) The Secretary of State may by regulations provide that a person who ceases to fall within subsection (1) shall be treated as continuing to fall within that subsection for a prescribed period. (8) No person shall be treated as continuing to fall within subsection (1) by virtue of regulations made under subsection (7) after the end of the week in which he reaches the age of 19. 56 Corresponding provision for and co-ordination with Northern Ireland (1) An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 which contains a statement that it is made only for purposes corresponding to those of the provisions of this Act, other than provisions which relate to the appointment of Child Support Commissioners for Northern Ireland— (a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (2) The Secretary of State may make arrangements with the Department of Health and Social Services for Northern Ireland with a view to securing, to the extent allowed for in the arrangements, that— (a) the provision made by or under this Act (“the provision made for Great Britain”); and (b) the provision made by or under any corresponding enactment having effect with respect to Northern Ireland (“the provision made for Northern Ireland”), provide for a single system within the United Kingdom. (3) The Secretary of State may make regulations for giving effect to any such arrangements. (4) The regulations may, in particular— (a) adapt legislation (including subordinate legislation) for the time being in force in Great Britain so as to secure its reciprocal operation with the provision made for Northern Ireland; and (b) make provision to secure that acts, omissions and events which have any effect for the purposes of the provision made for Northern Ireland have a corresponding effect for the purposes of the provision made for Great Britain. 57 Application to Crown (1) The power of the Secretary of State to make regulations under section 14 requiring prescribed persons to furnish information may be exercised so as to require information to be furnished by persons employed in the service of the Crown or otherwise in the discharge of Crown functions. (2) In such circumstances, and subject to such conditions, as may be prescribed, an inspector appointed under section 15 may enter any Crown premises for the purpose of exercising any powers conferred on him by that section. (3) Where such an inspector duly enters any Crown premises for those purposes, section 15 shall apply in relation to persons employed in the service of the Crown or otherwise in the discharge of Crown functions as it applies in relation to other persons. (4) Where a liable person is in the employment of the Crown, a deduction from earnings order may be made under section 31 in relation to that person; but in such a case subsection (8) of section 32 shall apply only in relation to the failure of that person to comply with any requirement imposed on him by regulations made under section 32. 58 Short title, commencement and extent, etc (1) This Act may be cited as the Child Support Act 1991. (2) Section 56(1) and subsections (1) to (11) and (14) of this section shall come into force on the passing of this Act but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor, the Secretary of State or Lord Advocate, or by any of them acting jointly. (3) Different dates may be appointed for different provisions of this Act and for different purposes (including, in particular, for different cases or categories of case). (4) An order under subsection (2) may make such supplemental, incidental or transitional provision as appears to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including such adaptations or modifications of— (a) the provisions so brought into force; (b) any provisions of this Act then in force; or (c) any provision of any other enactment, as appear to him to be necessary or expedient. (5) Different provision may be made by virtue of subsection (4) with respect to different periods. (6) Any provision made by virtue of subsection (4) may, in particular, include provision for— (a) the enforcement of a maintenance assessment (including the collection of sums payable under the assessment) as if the assessment were a court order of a prescribed kind; (b) the registration of maintenance assessments with the appropriate court in connection with any provision of a kind mentioned in paragraph (a); (c) the variation, on application made to a court, of the provisions of a maintenance assessment relating to the method of making payments fixed by the assessment or the intervals at which such payments are to be made; (d) a maintenance assessment, or an order of a prescribed kind relating to one or more children, to be deemed, in prescribed circumstances, to have been validly made for all purposes or for such purposes as may be prescribed. In paragraph (c) “court” includes a single justice. (7) The Lord Chancellor, the Secretary of State or the Lord Advocate may by order make such amendments or repeals in, or such modifications of, such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision made by or under this Act (including any provision made by virtue of subsection (4)). (8) This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe. (9) Sections 27, 35 and 48 and paragraph 7 of Schedule 5 do not extend to Scotland. (10) Sections 7, 28 and 49 extend only to Scotland. (11) With the exception of sections 23 and 56(1), subsections (1) to (3) of this section and Schedules 2 and 4, and (in so far as it amends any enactment extending to Northern Ireland) Schedule 5, this Act does not extend to Northern Ireland. (12) Until Schedule 1 to the [1991 c. 21.] Disability Living Allowance and Disability Working Allowance Act 1991 comes into force, paragraph 1(1) of Schedule 3 shall have effect with the omission of the words “and disability appeal tribunals” and the insertion, after “social security appeal tribunals”, of the word “and”. (13) The consequential amendments set out in Schedule 5 shall have effect. (14) In Schedule 1 to the [1989 c. 41.] Children Act 1989 (financial provision for children), paragraph 2(6)(b) (which is spent) is hereby repealed.