means disability living allowance under section 71 of the Contributions and Benefits Act, personal independence payment under Part 4 of the Welfare Reform Act 2012, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or attendance allowance under section 64 of the Contributions and Benefits Act.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)In these Regulations, unless the context otherwise requires—• “the Act" means the Child Support Act 1991;• “the Appeal Regulations" means the Child Support Appeal Tribunals (Procedure) Regulations 1992 note;• “applicant" has the same meaning as in Schedule 4B to the Act;• “application" means, except in regulations 32A to 32G, an application for a departure direction;• “Arrears Regulations" means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 note;• note...• “Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992 note;• “Departure Direction Anticipatory Application Regulations" means the Child Support Departure Direction (Anticipatory Application) Regulations 1996 note;• “departure direction application form" means the form provided by the Secretary of State in accordance with regulation 4(1);• “designated authority” means— (a) the Secretary of State;(b) a person providing services to the Secretary of State;(c) a local authority; or(d) a person providing services to, or authorised to exercise any functions of, any such authority;• “effective date" in relation to a departure direction means the date on which that direction takes effect;• “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);• “Information, Evidence and Disclosure Regulations" means the Child Support (Information, Evidence and Disclosure) Regulations 1992 note;• “Maintenance Arrangements and Jurisdiction Regulations" means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 note;• “Maintenance Assessment Procedure Regulations" means the Child Support (Maintenance Assessment Procedure) Regulations 1992 note;• “Maintenance Assessments and Special Cases Regulations" means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 note;• “maintenance period" has the same meaning as in regulation 33 of the Maintenance Assessment Procedure Regulations;• “non-applicant" means—(a) where the application has been made by a person with care, the absent parent;(b) where the application has been made by an absent parent, the person with care;• “official error" means an error made by– (a) an officer of the Department of Social Security acting as such which no person outside that Department caused or to which no person outside that Department materially contributed;(b) a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed, but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of the Upper Tribunal or the court;• “partner" has the same meaning as in paragraph (2) of regulation 1 of the Maintenance Assessments and Special Cases Regulations note;• “relevant person" means—(a) an absent parent, or a person who is treated as an absent parent under regulation 20 of the Maintenance Assessments and Special Cases Regulations (persons treated as absent parents), whose liability under a maintenance assessment may be affected by any departure direction given following an application;(b) a person with care, or a child to whom section 7 of the Act applies, where the amount of child support maintenance payable under a maintenance assessment relevant to that person with care or that child may be affected by any departure direction given following an application;• “relevant universal credit” means, in relation to an absent parent or parent with care, an award of universal credit made to the parent in question, where the award is calculated on the basis that the parent does not have any earned income;• “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012
(2A)Nothing in this Order applies in relation to a conviction for a service offence which is not a recordable service offence; and for this purpose—
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(6)
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(8)Where—
(9)Where any contributions paid by or as the case may be credited to a person under the 1975 Act are to be taken into account under paragraph (4), (5) or (7) they shall be taken as such number of contributions of the appropriate class as results from dividing the earnings factor derived from contributions of the relevant class paid by or as the case may be credited to him under the 1975 Act in any year or part of a year before the relevant time by the lower earnings limit for that year, and if that is not a whole number any fraction shall be disregarded.
(10)Where, but for this paragraph, the provisions of regulation 2 of these regulations and the provisions of this regulation would be applicable for the purpose of determining a woman's right to unemployment benefit or sickness benefit or maternity allowance for any day, her right thereto shall be determined by reference to the provisions of that one of those 2 regulations which is more favourable to her, to the exclusion of the provisions of the other.
(11)
(12)The police authority may realise the investments made under regulation 9 and apply the proceeds to the purchase of benefits under these Regulations from an insurer in such form as appears to the police authority to be suitable where the conditions in paragraph (13) are satisfied.
A person who has made an application may amend or withdraw his application by notice in writing to the Secretary of State at any time prior to a determination being made in relation to that application.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
7Rejection of application on completion of a preliminary consideration#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
8Procedure in relation to the determination of an application#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(4A)In this Order any reference to a conviction shall where relevant include a reference to a caution, and any reference to spent convictions shall be construed accordingly.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(8)Where—
(9)Where any contributions paid by or as the case may be credited to a person under the 1975 Act are to be taken into account under paragraph (4), (5) or (7) they shall be taken as such number of contributions of the appropriate class as results from dividing the earnings factor derived from contributions of the relevant class paid by or as the case may be credited to him under the 1975 Act in any year or part of a year before the relevant time by the lower earnings limit for that year, and if that is not a whole number any fraction shall be disregarded.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(10)Where, but for this paragraph, the provisions of regulation 2 of these regulations and the provisions of this regulation would be applicable for the purpose of determining a woman's right to unemployment benefit or sickness benefit or maternity allowance for any day, her right thereto shall be determined by reference to the provisions of that one of those 2 regulations which is more favourable to her, to the exclusion of the provisions of the other.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(11)
8AProcedure in relation to determination of an application for a revision or a supersession of a decision with respect to a departure direction#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)for paragraph (1) there shall be substituted the following paragraphs–“1 Except where paragraph (1A) applies, the Secretary of State shall–a give notice of an application for a revision or a supersession of a decision with respect to a departure direction to the relevant persons other than the applicant;b inform them of the grounds on which the application has been made and any relevant information or evidence the applicant has given, except details, information or evidence falling within paragraph (2);c invite representations from the relevant persons other than the applicant on any matter relating to that application; andd explain the provisions of paragraphs (2), (5) and (6) in relation to such representations.1A This paragraph applies where an application for a revision or a supersession has been made and the Secretary of State is satisfied on the information or evidence available to him that either–a a revision or supersession of a departure direction is unlikely to be made; orb in a case where the applicant was the applicant for the decision which is to be revised or superseded, a ground on which the decision to be revised or superseded was made no longer applies.”
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(e)any decision by the scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service to dismiss, or not to appoint, an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(f)for paragraphs (9) and (10) there shall be substituted the following paragraph–“9 Where the Secretary of State has determined an application made for the purpose of revising or superseding a decision he shall, as soon as is reasonably practicable, notify the relevant persons of–a that determination;b the reasons for it; andc where appropriate, the basis on which the amount of child support maintenance is to be fixed by any fresh assessment made in consequence of that determination.”
9Departure directions and persons in receipt of income support, state pension credit, income-related employment and support allowance, income-based jobseeker’s allowance, universal credit or working tax credit#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
10Departure directions and interim maintenance assessments#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(2)
11Departure application and review under section 17 of the Act#
11AMeaning of “current assessment” for the purposes of the Act#
Where–
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
references to the current assessment in sections 28B(3), 28C(2)(a) and 28F(5) of, and in paragraph 8 of Schedule 4A and paragraphs 2, 3 and 4 of Schedule 4B to, the Act shall have effect as if they were references to the fresh maintenance assessment.
12Meaning of “benefit" for the purposes of section 28E of the Act#
For the purposes of section 28E of the Act, “benefit" means income support, state pension credit, income-based jobseeker’s allowance, income-related employment and support allowance,working tax credit, housing benefit and relevant universal credit.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(8)Where—
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(e)any decision by the scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service to dismiss, or not to appoint, an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(f)any decision of the FCA—
by reason of, or partly by reason of, a spent conviction of an individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(g)any decision of anyone who is specified in any of sub-paragraphs 2 to 4 or 5 to 7 of the second column of the table in article 3(g), other than the FCA or the PRA, to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in the first column of that table (but not, where applicable, the status of being an associate of another person), by reason of, or partly by reason of, a spent conviction of that individual or of his associate note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(h)any decision of anyone who is specified in sub-paragraph 8(a), 14(a) or 16(a) of the second column of the table in article 3(g) to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in sub-paragraph (b) of the first column of that table (associate), by reason of, or partly by reason of, a spent conviction of that individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(i)any decision of the Council of Lloyd’s -
by reason of, or partly by reason of, a spent conviction of an individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(j)any decision of a UK recognised investment exchange , recognised clearing house or recognised CSD to refuse to admit any person as, or to exclude, a member by reason of, or partly by reason of, a spent conviction of an individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(k)any decision by Social Care Wales to refuse to grant an application for registration under Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016 or to suspend, remove or refuse to restore a person’s registration under that Part;
(l)any decision to refuse to grant a taxi driver licence, to grant such a licence subject to conditions or to suspend, revoke or refuse to renew such a licence;
(m)
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(4A)In this Order any reference to a conviction shall where relevant include a reference to a caution, and any reference to spent convictions shall be construed accordingly.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(6)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)“disability benefit” means disability living allowance under section 71 of the Contributions and Benefits Act, personal independence payment under Part 4 of the Welfare Reform Act 2012, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or attendance allowance under section 64 of the Contributions and Benefits Act.
16Debts incurred before the absent parent became an absent parent#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(iii)the Rehabilitation of Offenders Act 2001 (Exceptions) Order 2001 (“the Isle of Man Exceptions Order”), and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(e)any decision by the scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service to dismiss, or not to appoint, an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(f)any decision of the FCA—
by reason of, or partly by reason of, a spent conviction of an individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(g)any decision of anyone who is specified in any of sub-paragraphs 2 to 4 or 5 to 7 of the second column of the table in article 3(g), other than the FCA or the PRA, to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in the first column of that table (but not, where applicable, the status of being an associate of another person), by reason of, or partly by reason of, a spent conviction of that individual or of his associate note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(h)any decision of anyone who is specified in sub-paragraph 8(a), 14(a) or 16(a) of the second column of the table in article 3(g) to dismiss an individual who has, or to fail to promote or exclude an individual who is seeking to obtain, the status specified in the corresponding entry in sub-paragraph (b) of the first column of that table (associate), by reason of, or partly by reason of, a spent conviction of that individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(i)any decision of the Council of Lloyd’s -
by reason of, or partly by reason of, a spent conviction of an individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(j)any decision of a UK recognised investment exchange , recognised clearing house or recognised CSD to refuse to admit any person as, or to exclude, a member by reason of, or partly by reason of, a spent conviction of an individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(k)any decision by Social Care Wales to refuse to grant an application for registration under Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016 or to suspend, remove or refuse to restore a person’s registration under that Part;
(l)any decision to refuse to grant a taxi driver licence, to grant such a licence subject to conditions or to suspend, revoke or refuse to renew such a licence;
(m)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(aa)any question asked by or on behalf of any person, in the course of the duties of his work, in order to assess the suitability of a person to work with children, where—
and where the person to whom the question relates is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed;
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(4A)In this Order any reference to a conviction shall where relevant include a reference to a caution, and any reference to spent convictions shall be construed accordingly.
(4B)The use of a fume cupboard shall not be taken to fall within a description in Schedule 1 if it is used as a fume cupboard in a laboratory for research or testing, and it is not—
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(6)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(7A)
(8)Where—
(a)that at least one of the parties is a United Kingdom national; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
19Special expenses for a case falling within regulation 13, 14, 16 or 17#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
20Application for a departure direction in respect of special expenses other than those with respect to which a direction has already been given#
Where a departure direction with respect to special expenses falling within one or more of the descriptions of expenses falling within regulation 13, 14, 16 or 17 has already been given and an application with respect to special expenses falling within one or more of those descriptions of expenses is made where none of those expenses are ones with respect to which the earlier direction has been given, the special expenses with respect to which any later direction is given shall be the expenses, determined in accordance with regulation 13, 14, 16 or 17, as the case may be, with respect to which the later application is made, and the provisions of regulation 19 shall not apply.
21Prescription of certain terms for the purposes of paragraphs 3 and 4 of Schedule 4B to the Act#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
22Value of a transfer of property and its equivalent weekly value for a case falling within paragraph 3 of Schedule 4B to the Act#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
23Assets capable of producing income or higher income#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(iii)the Rehabilitation of Offenders Act 2001 (Exceptions) Order 2001 (“the Isle of Man Exceptions Order”), and
(iv)to vary a person’s registration under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act;
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(v)the details of any transfer note;
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
A case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Act where a partner of the non-applicant occupies the home with him and the Secretary of State considers that it is reasonable for that partner to contribute to the payment of the housing costs of the non-applicant.
A case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Act where an amount in respect of travel to work costs has been included in the calculation of exempt income of the non-applicant under regulation 9(1)(i) of the Maintenance Assessments and Special Cases Regulations note (exempt income: calculation or estimation of E) or, as the case may be, under regulation 10 of those Regulations (exempt income: calculation or estimation of F) note applying regulation 9(1)(i), and the Secretary of State is satisfied that, in all the circumstances of the case, that amount is unreasonably high.
30Factors to be taken into account and not to be taken into account in determining whether it would be just and equitable to give a departure direction#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(e)any decision by the scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service to dismiss, or not to appoint, an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(f)any decision of the FCA—
by reason of, or partly by reason of, a spent conviction of an individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
31Refusal to give a departure direction under section 28F(4)of the Act#
The Secretary of State shall not give a departure direction in accordance with section 28F of the Act if he is satisfied that the difference between the current amount and the revised amount is less than £1.00.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(3A)The appropriate form shall, in all cases, be completed by the insertion in permanent and legible characters in the appropriate spaces of—
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3B)Paragraph (3A) does not apply to a reference contained in a reference to the title of a Directive.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(e)any decision by the scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service to dismiss, or not to appoint, an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(f)any decision of the FCA—
by reason of, or partly by reason of, a spent conviction of an individual note..., or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances;
(2)
(a)that at least one of the parties is a United Kingdom national; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
32CDate from which a revision of a decision takes effect#
Where the date from which a decision took effect is found to be erroneous on a revision, the revision shall take effect from the date on which the revised decision would have taken effect had the error not been made.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(6)
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(8)Where—
(9)Where any contributions paid by or as the case may be credited to a person under the 1975 Act are to be taken into account under paragraph (4), (5) or (7) they shall be taken as such number of contributions of the appropriate class as results from dividing the earnings factor derived from contributions of the relevant class paid by or as the case may be credited to him under the 1975 Act in any year or part of a year before the relevant time by the lower earnings limit for that year, and if that is not a whole number any fraction shall be disregarded.
(10)Where, but for this paragraph, the provisions of regulation 2 of these regulations and the provisions of this regulation would be applicable for the purpose of determining a woman's right to unemployment benefit or sickness benefit or maternity allowance for any day, her right thereto shall be determined by reference to the provisions of that one of those 2 regulations which is more favourable to her, to the exclusion of the provisions of the other.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(11)
32EDate from which a superseding decision takes effect#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(8)Where—
(9)Where any contributions paid by or as the case may be credited to a person under the 1975 Act are to be taken into account under paragraph (4), (5) or (7) they shall be taken as such number of contributions of the appropriate class as results from dividing the earnings factor derived from contributions of the relevant class paid by or as the case may be credited to him under the 1975 Act in any year or part of a year before the relevant time by the lower earnings limit for that year, and if that is not a whole number any fraction shall be disregarded.
(10)Where, but for this paragraph, the provisions of regulation 2 of these regulations and the provisions of this regulation would be applicable for the purpose of determining a woman's right to unemployment benefit or sickness benefit or maternity allowance for any day, her right thereto shall be determined by reference to the provisions of that one of those 2 regulations which is more favourable to her, to the exclusion of the provisions of the other.
(11)
(12)The police authority may realise the investments made under regulation 9 and apply the proceeds to the purchase of benefits under these Regulations from an insurer in such form as appears to the police authority to be suitable where the conditions in paragraph (13) are satisfied.
The Secretary of State may cancel a departure direction where–
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
32GNotification of right of appeal, decision and reasons for decision#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
33Cancellation of a departure direction following a review under section 16, 17, 18 or 19 of the Act or on a change of circumstances#
34Cancellation of a departure direction on recognition of an error#
34ACorrection of accidental errors in departure directions#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
35Termination and suspension of departure directions#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
37Effect of a departure direction in respect of special expenses—exempt income#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
38Effect of a departure direction in respect of special expenses—protected income#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
39Effect of a departure direction in respect of a transfer of property#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)terminated after that day and included the date on which she first entered insurance or fell wholly before that date;
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
40Effect of a departure direction in respect of additional cases#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(8)Where—
(9)Where any contributions paid by or as the case may be credited to a person under the 1975 Act are to be taken into account under paragraph (4), (5) or (7) they shall be taken as such number of contributions of the appropriate class as results from dividing the earnings factor derived from contributions of the relevant class paid by or as the case may be credited to him under the 1975 Act in any year or part of a year before the relevant time by the lower earnings limit for that year, and if that is not a whole number any fraction shall be disregarded.
(10)Where, but for this paragraph, the provisions of regulation 2 of these regulations and the provisions of this regulation would be applicable for the purpose of determining a woman's right to unemployment benefit or sickness benefit or maternity allowance for any day, her right thereto shall be determined by reference to the provisions of that one of those 2 regulations which is more favourable to her, to the exclusion of the provisions of the other.
41Child support maintenance payable where effect of a departure direction would be to decrease an absent parent’s assessable income but case still fell within paragraph 2(3) of Schedule 1 to the Act#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(8)Where—
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(9)Where any contributions paid by or as the case may be credited to a person under the 1975 Act are to be taken into account under paragraph (4), (5) or (7) they shall be taken as such number of contributions of the appropriate class as results from dividing the earnings factor derived from contributions of the relevant class paid by or as the case may be credited to him under the 1975 Act in any year or part of a year before the relevant time by the lower earnings limit for that year, and if that is not a whole number any fraction shall be disregarded.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
42Application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Act#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(1A)Paragraph (1) does not apply in relation to a protected caution or a protected conviction.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
42AApplication of regulation 41 where the case falls within paragraph 2 and paragraph 5 of Schedule 4B to the Act#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(6)For paragraph (3) of regulation 41 there shall be substituted the following paragraph—“3 There shall be determined the amount that would be payable under the maintenance assessment made in consequence of the direction that would be given in response to the additional cases application mentioned in paragraph (2) of regulation 42A which would be in force at the date any departure direction referred to in paragraph (1) would take effect if it were to be given.”
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(8)Where—
43Maintenance assessment following a departure direction for certain cases falling within regulation 22 of the Maintenance Assessments and Special Cases Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
44Maintenance assessment following a departure direction where there is a phased maintenance assessment#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
46Special case—departure direction having effect from date earlier than effective date of current assessment#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
47Transitional provisions—application before 2nd December 1996#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)A certified copy provided by the appropriate Registrar General under paragraph (2) above of an entry in the marriage register shall be sufficient evidence of the marriage.
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
(6)
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(7)In the application of regulation 7 to a case where the course began in the period from 6th April 1975 to 5th April 1978 (inclusive of both dates), the requirements of paragraph (2)(a) of that regulation shall be deemed to be satisfied if—
(8)Where—
(9)Where any contributions paid by or as the case may be credited to a person under the 1975 Act are to be taken into account under paragraph (4), (5) or (7) they shall be taken as such number of contributions of the appropriate class as results from dividing the earnings factor derived from contributions of the relevant class paid by or as the case may be credited to him under the 1975 Act in any year or part of a year before the relevant time by the lower earnings limit for that year, and if that is not a whole number any fraction shall be disregarded.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(10)Where, but for this paragraph, the provisions of regulation 2 of these regulations and the provisions of this regulation would be applicable for the purpose of determining a woman's right to unemployment benefit or sickness benefit or maternity allowance for any day, her right thereto shall be determined by reference to the provisions of that one of those 2 regulations which is more favourable to her, to the exclusion of the provisions of the other.
(11)
48Effective date of departure direction for a case falling within regulation 47#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
49Transitional provisions—no application before 2nd December 1996#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)that insufficient facilities exist for the marriage of the parties under the law of that country; and
50Transitional provisions—new maintenance assessment made before 2nd December 1996 whose effective date is on or after 2nd December 1996#
Where a new maintenance assessment is made before 2nd December 1996 but the effective date of that assessment is a date on or after 2nd December 1996—
(a)that at least one of the parties is a United Kingdom national; and
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
52Amendment of regulation 1 of the Appeals Regulations#
In paragraph (2) of regulation 1 of the Appeals Regulations (citation, commencement and interpretation)—
(a)that at least one of the parties is a United Kingdom national; and
(i)terminated not later than the day on which she attained the age of 17; or
(ii)after sub-paragraph (d) there shall be added the following sub-paragraph—“dd the Secretary of State where the proceedings relate to an appeal under section 28H of the Act;”
(b)that the authorities of that country will not object to the solemnisation of the marriage; and
(c)after the definition of “proceedings", there shall be inserted the following definition—““referral" means a reference by the Secretary of State to a tribunal under section 28D(1)(b) of the Act;”
(d)that the parties will be regarded as validly married by the law of the part of the United Kingdom which has been jointly elected by the parties.
53Amendment of regulation 3 of the Appeals Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
54Amendment of regulation 5 of the Appeals Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)After paragraph (2), there shall be added the following paragraphs—“3 In the case of an appeal under section 28H of the Act or of a referral, as the case may be, a direction requiring the Secretary of State to provide information shall have effect only if that information is information of which he is aware or which he has in his possession in connection with his functions under the Act.4 Where a chairman is considering whether to give a direction under paragraph (1) or the terms of any direction, he may direct that an oral hearing be held by a tribunal to determine whether a direction shall be given under that paragraph and the terms of any direction which may be given.5 The provisions of these Regulations shall apply to a hearing held under the provisions of paragraph (4).”
55Amendment of regulation 6 of the Appeals Regulations#
After paragraph (1B) of regulation 6 of the Appeals Regulations (striking out of proceedings), there shall be inserted the following paragraph—“1C In the case of an appeal under section 28H of the Act, no direction shall be given under paragraph (1B) requiring the Secretary of State to provide information other than information of which he is aware or which he has in his possession in connection with his functions under the Act.”
56Amendment of regulation 7 of the Appeals Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
57Amendment of regulation 10 of the Appeals Regulations#
In paragraph (1) of regulation 10 of the Appeals Regulations (summoning of witnesses), for the words “appeal or application" wherever they appear there shall be substituted the words “appeal, application or referral".
58Amendment of regulation 11 of the Appeals Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)In paragraph (8), after sub-paragraph (e), there shall be inserted the following sub-paragraph—“ee any person undergoing training to enable him to act in the name of the Secretary of State in relation to applications for a departure direction under section 28A of the Act and any person acting on behalf of the Secretary of State in the training or supervision of persons undergoing that training or in the monitoring of standards of decisions made by persons on behalf of the Secretary of State in relation to those applications;”
59Insertion of regulations 11A and 11B into the Appeals Regulations#
After regulation 11 of the Appeals Regulations there shall be inserted the following regulations—“11A 1 The prescribed circumstances for the purpose of paragraph 9 of Schedule 4A to the Act (child support appeal tribunals) are—a in relation to a referral, where an application has been made on the grounds set out in paragraph 3 or 4 of Schedule 4B to the Act;b in relation to an appeal under section 28H of the Act, where that appeal is against the rejection of an application by the Secretary of State under section 28B(2) of the Act or a decision of the Secretary of State on an application made on the grounds set out in paragraph 3 or 4 of Schedule 4B to the Act; orc in relation to an appeal under section 28H of the Act or to any referral, where a chairman has directed that an oral hearing be held by a tribunal under regulation 5(4).2 Where the circumstances set out in sub-paragraph (a), (b) or (c) of paragraph (1) apply, a chairman may decide that the appeal or referral shall be dealt with by a tribunal constituted by the chairman of the tribunal sitting alone.11B A tribunal which is considering an appeal under section 28H of the Act in respect of a departure direction which relates to a maintenance assessment may, if it considers it appropriate to do so, consider at the same time any appeal under that section in respect of another departure direction which relates to the same maintenance assessment.”
60Amendment of regulation 13 of the Appeals Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)After paragraph (3E), there shall be inserted the following paragraph—“3F Paragraphs (1) and (3D) shall not apply where the tribunal is constituted in accordance with the provisions of regulation 11A.”
(4)For paragraph (4), there shall be substituted the following paragraph—“4 A child support officer may apply to the tribunal or another tribunal for directions or further directions and the tribunal may give such directions or further directions as it thinks fit where the child support officer—a to whom a case is referred by the Secretary of State under section 20(3) of the Act (procedure following a successful appeal) is uncertain, having regard to the terms of the decision and of any directions contained in it, how he should deal with the case; orb who has been notified of a decision of a tribunal on an appeal under section 28H of the Act or on a referral is uncertain, having regard to the terms of that decision or of any departure direction given by that tribunal, how he should deal with the case.”
61Amendment of regulation 14 of the Appeals Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)After paragraph (2), there shall be added the following paragraph—“3 Paragraphs (1) and (2) shall not apply to referrals.”
62Amendment of regulation 10 of the Arrears Regulations#
In paragraph (2) of regulation 10 of the Arrears Regulations (adjustment of the amount payable under a maintenance assessment), after the word “subsequently" there shall be inserted the words “revised as a result of a departure direction having been given or".
63Amendment of regulation 8 of the Information, Evidence and Disclosure Regulations#
Regulation 8 of the Information, Evidence and Disclosure Regulations (disclosure of information to a court or tribunal) shall be numbered paragraph (1) of that regulation and after paragraph (1) there shall be added the following paragraph—“2 For the purposes of this regulation “proceedings" includes the determination of an application referred to a child support appeal tribunal under section 28D(1)(b) of the Act.”
64Amendment of regulation 9A of the Information, Evidence and Disclosure Regulations#
For sub-paragraph (c) of paragraph (2) of regulation 9A of the Information, Evidence and Disclosure Regulations (disclosure of information to other persons), there shall be substituted the following sub-paragraph—“c the personal representative of a relevant person where—i a review or appeal was pending at the date of death of that person and the personal representative is dealing with that review or appeal on behalf of that person; orii an application for a departure direction had been made but not determined at the date of death of that person and the personal representative is dealing with that application on behalf of that person.”
65Amendment of regulation 10 of the Information, Evidence and Disclosure Regulations#
In paragraph (1) of regulation 10 of the Information, Evidence and Disclosure Regulations (disclosure of information by the Secretary of State), for the words “or in connection with an assessment which is or has been in force" there shall be substituted the words “,an assessment which is or has been in force or in connection with a departure direction.".
66Amendment of regulation 10A of the Information, Evidence and Disclosure Regulations#
In paragraph (2) of regulation 10A of the Information, Evidence and Disclosure Regulations (disclosure of information by a child support officer), the words “or in connection with" shall be omitted and at the end, there shall be added the words “or in connection with a departure direction".
67Amendment of regulation 10 of the Maintenance Assessment Procedure Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)For sub-paragraphs (a) and (b) of paragraph (1), there shall be substituted the following sub-paragraphs—“a makes a new or fresh maintenance assessment following an application under section 4, 6 or 7 of the Act, a review under section 16, 17, 18 or 19 of the Act, or the giving or cancellation of a departure direction;b makes a new interim maintenance assessment under section 12 of the Act, substitutes an interim maintenance assessment for one which is in force in accordance with regulation 8 or 9, or gives or cancels a departure direction; or”
(3)In paragraph (2), after sub-paragraph (h), there shall be added the following sub-paragraph—“i where the notification under paragraph (1)(a) or (b) follows the giving, or cancellation of a departure direction, the amounts calculated in accordance with Part I of Schedule 1 to the Act, or in accordance with regulation 8A, which have been changed as a result of the giving or cancellation of that departure direction.”
(4)After paragraph (2A), there shall be added the following paragraph—“2AA where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall set out in relation to that interim maintenance assessment the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.”
(5)For sub-paragraphs (a) and (b) of paragraph (2B) there shall be substituted the following sub-paragraphs—“a the matters listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (2);b where known, the absent parent’s assessable income; andc where the Category B interim maintenance assessment is made following the giving or cancellation of a departure direction, the amounts calculated in accordance with regulation 8A which have changed as a result of the giving or cancellation of that departure direction.”
(6)In paragraph (4) for sub-paragraph (d) there shall be substituted the following sub-paragraphs—“d where a fresh maintenance assessment is made following a review under section 19 of the Act, sections 16, 17 and 18 of the Act;e where a fresh maintenance assessment is made following the giving of a departure direction, sections 16, 17 and 18 of the Act.”
(7)After paragraph (5) there shall be added the following paragraph—“6 Where a fresh Category D interim maintenance assessment is made following the giving or cancellation of a departure direction, a notification under paragraph (1) shall include information as to sections 16 and 19(1) of the Act.”
68Amendment of the Maintenance Assessments and Special Cases Regulations#
(1)The Foreign Marriage Order 1964 and the Foreign Marriage (Amendment) Order 1967 are hereby revoked.
(2)
(3)The fee payable under paragraph (2) above shall be the same fee as is for the time being charged by the appropriate Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in his custody of marriages performed in Scotland or Northern Ireland, as the case may be.
(4)In paragraph (2)(c) of regulation 9, after head (iv) there shall be added the following head—“v where a departure direction has been given on the grounds that a case falls within regulation 27 of the Departure Direction and Consequential Amendments Regulations (partner’s contribution to housing costs), the amount of the housing costs which corresponds to the percentage of the housing costs mentioned in regulation 40(7) of those Regulations.”
(5)In this Article, “the appropriate Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar General in Northern Ireland, as the case may be.
(a)that at least one of the parties is a United Kingdom national; and
(b)after paragraph (2), there shall be inserted the following paragraph—“2ZA Where a case falls within regulation 39(1)(a) of the Departure Direction and Consequential Amendment Regulations, for the purposes of assessing the amount of child support maintenance payable in respect of an application for child support maintenance before a departure direction in respect of the maintenance assessment in question is given, for references to the assessable income of an absent parent in the Act and in these Regulations there shall be substituted references to the amount calculated by the formula—where A, T, B and D have the same meanings as in paragraph (2).”
(2)Where one or more orders have come into force under section 124 of the Act during the period of enhancement the weekly rates mentioned in sub-paragraph (1) above shall be determined as if the order or orders had come into force before the beginning of the period of enhancement.
(3)
(a)
(b)
(i)persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 to the Courts Act 2003.
(ii)he has attained pensionable age before 6th April 1979, and has either deferred his retirement before that date, or made an election by virtue of section 30(3) of the Act taking effect before that date or both.
(2)
(3)
(4)
(5)
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