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Chapter 49 - Family actions - Part XII - Child Support Act 1991

Interpretation of this Part

 49.81.    In this Part-

“the Act of 1991” means the Child Support Act 1991(a);
“child” has the meaning assigned in section 55 of the Act of 1991;
“maintenance assessment” has the meaning assigned in section 54 of  the Act of 1991.

Restriction of expenses

 49.82. Where the Secretary of State is called as a defender in an action for declarator of non-parentage or illegitimacy, and the Secretary of State does not defend the action, no expenses shall be awarded against the Secretary of State.

Effect of maintenance assessments

 49.83. The Deputy Principal Clerk shall, on receiving notification that a maintenance assessment has been made, cancelled or has ceased to have effect so as to affect an order of a kind prescribed for the purposes of section 10 of the Act of 1991, endorse on the interlocutor sheet relating to that order a certificate in Form 49.83-A or 49.83-B, as the case may be.

Effect of maintenance assessments on extracts relating to aliment

 49.84.-(1)  Where an order relating to aliment is affected by a maintenance assessment, any extract of that order issued by the Extractor shall be endorsed with a certificate in Form 49.84-A.

(2)  Where an order relating to aliment has ceased to have effect on the making of a maintenance assessment, and that maintenance assessment is later cancelled or ceases to have effect, any extract of that order issued by the Extractor shall be endorsed also with a certificate in Form 49.84-B.

(a) 1995 c.36; section 52(2) was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 97(4).