Child Support, Pensions and Social Security Bill - continued        House of Lords
PART I, CHILD SUPPORT - continued
Appeals - continued

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Redetermination of appeals.     11. After section 23 of the 1991 Act there shall be inserted-
 
 
"Redetermination of appeals.     23A. - (1) This section applies where an application is made to a person under section 24(6)(a) for leave to appeal from a decision of an appeal tribunal.
 
    (2) If the person who constituted, or was the chairman of, the appeal tribunal considers that the decision was erroneous in law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.
 
      (3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.
 
      (4) The "principal parties" are-
 
 
    (a) the Secretary of State; and
 
    (b) those who are qualifying persons for the purposes of section 20(2) in relation to the decision in question."
 
Information
Information required by Secretary of State.     12. In section 14 of the 1991 Act (information required by the Secretary of State), in subsection (1), after "such an application" there shall be inserted "(or application treated as made), or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,".
 
Information- offences.     13. After section 14 of the 1991 Act there shall be inserted-
 
 
"Information - offences.     14A. - (1) This section applies to-
 
    (a) persons who are required to comply with regulations under section 4(4) or 7(5); and
 
    (b) persons specified in regulations under section 14(1)(a).
      (2) Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations-
 
 
    (a) he makes a statement or representation which he knows to be false; or
 
    (b) he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.
      (3) Such a person is guilty of an offence if, following such a request, he fails to comply with it.
 
      (4) It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable excuse for failing to comply.
 
      (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale."
 
Inspectors.     14. - (1) Section 15 of the 1991 Act (powers of inspectors) shall be amended as follows.
 
      (2) For subsections (1) to (4) there shall be substituted-
 
 
    "(1) The Secretary of State may appoint, on such terms as he thinks fit, persons to act as inspectors under this section.
 
      (2) The function of inspectors is to acquire information which the Secretary of State needs for any of the purposes of this Act.
 
      (3) Every inspector is to be given a certificate of his appointment.
 
      (4) An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which-
 
 
    (a) are liable to inspection under this section; and
 
    (b) are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,

and may there make such examination and inquiry as he considers appropriate.
      (4A) Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are-
 
 
    (a) premises at which a non-resident parent is or has been employed;
 
    (b) premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;
 
    (c) premises at which there is information held by a person ("A") whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A's own trade, profession, vocation or business."
      (3) In subsection (6), for the words from "any person who" to the end of paragraph (d) there shall be substituted "any such person".
 
      (4) After subsection (10) there shall be inserted-
 
 
    "(11) In this section, "premises" includes-
 
 
    (a) moveable structures and vehicles, vessels, aircraft and hovercraft;
 
    (b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and
 
    (c) places of all other descriptions whether or not occupied as land or otherwise,

and references in this section to the occupier of premises are to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question."
 
Parentage
Presumption of parentage in child support cases.     15. - (1) In section 26(2) of the 1991 Act (cases in which the Secretary of State may assume a person to be the parent of a child for the purpose of making a maintenance calculation under that Act), before Case A there shall be inserted-
 
 
"Case A1      Where-
 
    (a) the child is habitually resident in England and Wales;
 
    (b) the Secretary of State is satisfied that the alleged parent was married to the child's mother at some time in the period beginning with the conception and ending with the birth of the child; and
 
    (c) the child has not been adopted.
Case A2      Where-
 
 
    (a) the child is habitually resident in England and Wales;
 
    (b) the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and
 
    (c) the child has not subsequently been adopted.
Case A3      Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining that person's parentage, and the alleged parent-
 
 
    (a) refuses to take such a test; or
 
    (b) has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child."
      (2) In that provision, after Case B there shall be inserted-
 
 
"Case B1      Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of that Act (meaning of "mother" and of "father" respectively)."
 
 
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