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Procedure where the Department proposes to supersede a decision on its own initiative
     23. Where the Department on its own initiative proposes to make a decision superseding a decision other than in consequence of a decision with respect to a departure direction or a revision or supersession of such a decision it shall notify the relevant persons who could be materially affected by the decision of that intention.".

    (13) In regulation 29(2A)[12] and (4) (effective dates of new maintenance assessments) - 

(a) for "a child support officer" in each place where it occurs there shall be substituted "the Department"; and

(b) for "he" in each place where it occurs there shall be substituted "it".

    (14) In regulation 29A[13] (effective dates of new maintenance assessments in certain cases) - 

(a) in paragraphs (2), (4)(c) and (6) - 


(i) for "a child support officer" in each place where it occurs there shall be substituted "the Department"; and

(ii) for "him" in each place where it occurs there shall be substituted "it"; and



(b) in paragraph (5) for "a child support officer" there shall be substituted "it".

    (15) In regulation 31 (cancellation of a maintenance assessment) for "a child support officer" and "the child support officer" there shall be substituted "the Department".

    (16) In regulation 31A[14] (notification of intention to cancel a maintenance assessment under paragraph 16(4A) of Schedule 1 to the Order) - 

(a) in paragraph (1) - 


(i) for "A child support officer" there shall be substituted "The Department"; and

(ii) for "his" there shall be substituted "its"; and



(b) in paragraph (2) for "a child support officer" there shall be substituted "the Department".

    (17) In regulation 32(3)[15] (maintenance periods) for "following a review under Article 18 of the Order by a child support officer of a maintenance assessment the effective date of which is on or before 8th December 1996, or a revision by the Department under that Article after 6th December 1998, or a review under Article 19, 20 or 21" there shall be substituted "made upon the supersession of a decision under Article 19".

    (18) For regulation 34[16] (periods for compliance with obligations imposed by Article 9 of the Order) there shall be substituted the following regulation - 

" Periods for compliance with obligations imposed by Article 9 of the Order
     34. The period specified for the purposes of Article 43(2) of the Order is - 


(a) except where paragraph (b) applies, 4 weeks from the date on which the Department serves notice under Article 43(2); or

(b) 8 weeks from that date where the Department has received, within 2 weeks of serving that notice, a statement in writing from the parent with care which sets out the reasons why she believes that, if she were to be required to comply with an obligation imposed by Article 9 of the Order, there would be a risk, as a result of that compliance, of her or any child or children living with her suffering harm or undue distress.".

    (19) In regulation 34A[17] (circumstances in which a reduced benefit direction shall not be given), for "A child support officer" there shall be substituted "The Department".

    (20) In regulation 35[18] (amount of and period of reduction of relevant benefit under a reduced benefit direction) - 

(a) in paragraph (4) for "the adjudication officer" there shall be substituted "the Department"; and

(b) in paragraph (5C) for "a child support officer" there shall be substituted "the Department".

    (21) In regulation 37(6) (suspension of a reduced benefit direction when relevant benefit ceases to be payable) for "a child support officer" there shall be substituted "the Department".

    (22) For regulations 40 to 44[19] there shall be substituted the following regulation - 

" Termination of reduced benefit direction
     40. A reduced benefit direction shall cease to be in force - 


(a) where a parent with care, with respect to whom such a direction is in force, complies with the obligations imposed by Article 9 of the Order;

(b) upon an application made for the purpose where the Department is satisfied that a parent with care, with respect to whom such a direction is in force, should not be required to comply with the obligations imposed by Article 9 of the Order; or

(c) where - 


(i) an absent parent applies for a maintenance assessment to be made under Article 7 of the Order with respect to all of his qualifying children in relation to whom the other parent of those children is a person with care;

(ii) a direction is in force with respect to that other parent following her failure to comply with the obligations imposed by Article 9 of the Order in relation to those qualifying children; and

(iii) an assessment is made in response to that application by the absent parent for a maintenance assessment.".

    (23) In regulation 45[20] (reduced benefit directions where there is an additional qualifying child) - 

(a) in paragraph (1) - 


(i) for "a child support officer" there shall be substituted "the Department"; and

(ii) the words from "on the last day" to the end shall be omitted; and



(b) in paragraph (3)(b) for "a child support officer" there shall be substituted "the Department".

    (24) For regulation 47 (notice of termination of a reduced benefit direction) there shall be substituted the following regulation - 

" Notice of termination of a reduced benefit direction
     47. Where a direction ceases to be in force under the provisions of regulation 40, 45 or 46, or is suspended under the provisions of regulation 46, the Department shall serve notice of such termination or suspension, as the case may be, on the parent concerned and shall specify the date on which the direction ceases to be in force or is suspended, as the case may be.".

    (25) In Schedule 1 (meaning of "child" for the purposes of the Order) in paragraph 4(1) for "a child support officer" there shall be substituted "the Department".

    (26) In Schedule 2 (multiple applications) - 

(a) in paragraph 2 - 


(i) in sub-paragraph (1) for "refer each such application to a child support officer and, if no maintenance assessment has been made in relation to any of the applications, the child support officer shall determine which application he" there shall be substituted ", if no maintenance assessment has been made in relation to any of the applications, determine which application it"; and

(ii) in sub-paragraphs (2) to (11) for "the child support officer" in each place where it occurs there shall be substituted "the Department" and for "he" in each place where it occurs there shall be substituted "it"; and



(b) in paragraph 3 the words from "unless the Department" to the end shall be omitted.

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations
     3.  - (1) The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996[21] shall be amended in accordance with paragraphs (2) to (18).

    (2) In regulation 1(2) (interpretation) - 

(a) in the definition of "application" after "means" there shall be inserted ", except in regulations 32A to 32G,"; and

(b) after the definition of "non-applicant" there shall be inserted the following definition - 

" "official error" means an error made by an officer of the Department acting as such which no person outside the Department caused or to which no person outside the Department materially contributed;".

    (3) In regulation 4 (application for a departure direction) paragraphs (11) to (14) shall be omitted.

    (4) In regulation 6(2) (provision of information) for "14 days" there shall be substituted "one month, or such longer period as the Department is satisfied is reasonable in the circumstances of the case,".

    (5) In regulation 8 (procedure in relation to the determination of an application) - 

(a) in paragraph (3)(b) the words "of 14 days" shall be omitted;

(b) in paragraph (8)(i) - 


(i) the words "or by a child support officer," shall be omitted; and

(ii) for "for a review of" there shall be substituted "for a revision or a supersession of";



(c) in paragraph (9)(b) for "refer the case to a child support officer" there shall be substituted "make a decision in accordance with regulation 16(2) or 19(2)(c) of the Maintenance Assessment Procedure Regulations"; and

(d) paragraph (11) shall be omitted.

    (6) After regulation 8 there shall be inserted the following regulation - 

" Procedure in relation to determination of an application for a revision or a supersession of a decision with respect to a departure direction
     8A. Regulation 8 shall apply to any application for a revision or a supersession of a decision with respect to a departure direction as it applies to an application for a departure direction with the following modifications - 


(a) as if for paragraph (1) there were substituted the following paragraphs - 


    " (1) Except where paragraph (1A) applies, the Department 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; and

(d) 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 Department is satisfied on the information or evidence available to it that either - 



(a) a revision or supersession of a departure direction is unlikely to be made; or

(b) in a case where the applicant was the applicant for the decision which is to be revised or superseded and a ground, on which the decision to be revised or superseded was made, no longer applies.";



(b) as if paragraphs (3), (4) and (7) were omitted;

(c) as if in paragraph (4A) for "that a departure direction was unlikely to be given, but on further consideration of the application it is minded to give a departure direction in that case" there were substituted "that a decision revising or superseding a decision with respect to a departure direction was unlikely to be made, but on further consideration of the application it is minded to make such a decision";

(d) as if in paragraph (5) - 



(i) for "(1), (6) or (7)" there were substituted "(1) or (6)"; and

(ii) after "application" there were added "for a decision revising or superseding a decision";



(e) as if in paragraph (8) - 



(i) for "In deciding whether to give a departure direction" there were substituted "Before deciding whether or not to make a decision revising or, as the case may be, superseding a decision as to a departure direction in consequence of an application for such a decision"; and

(ii) in sub-paragraph (a) for "by the applicant for that direction" there were substituted "in connection with the application"; and



(f) as if for paragraphs (9) and (10) there were substituted the following paragraph - 



    " (9) Where the Department has determined an application made for the purpose of revising or superseding a decision it shall, as soon as is reasonably practicable, notify the relevant persons of - 


(a) that determination;

(b) the reasons for it; and

(c) 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."."



    (7) For regulation 11A[22] (meaning of "current assessment" for the purposes of the Order) there shall be substituted - 



" Meaning of "current assessment" for the purposes of the Order
     11A. Where - 


(a) an application under Article 28A of the Order has been made in respect of a current assessment; and

(b) after the making of that application, a fresh maintenance assessment has been made upon a revision of a decision as to a maintenance assessment under Article 18 of the Order,



references to the current assessment in Articles 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 Order shall have effect as if they were references to the fresh maintenance assessment.".



    (8) In regulation 14 (contact costs) after paragraph (7) there shall be added the following paragraph - 



    " (8) This regulation shall apply in relation to an application made for the purpose of superseding a decision with respect to a departure direction as if - 


(a) in paragraphs (1) and (7) for "at the time a departure direction is applied for" there were substituted "at the time an application is made for a decision superseding a decision with respect to a departure direction"; and

(b) in paragraph (5) after "an application" there were inserted "for the supersession of a decision with respect to a departure direction."".



    (9) In regulation 15(4)(a)[23] (illness or disability) for " the adjudicating authority" there shall be substituted "the Department".

    (10) In regulation 32[24] (effective date of a departure direction) - 



(a) in paragraphs (1) and (2) for "28 days" in each place where it occurs there shall be substituted "one month";

(b) in paragraph (3A) at the beginning there shall be inserted "Subject to paragraph (3B),";

(c) after paragraph (3A) there shall be inserted the following paragraph - 


    " (3B) For the purposes of paragraph (3A), paragraph (8) of regulation 14 shall not apply."; and


(d) paragraphs (7) and (8) shall be omitted.



    (11) After regulation 32 there shall be inserted the following regulations - 



" Revision of decisions
     32A.  - (1) Subject to paragraphs (2) and (3), a decision of the Department or any decision on referral under Article 28D(1)(b) of the Order of an appeal tribunal with respect to a departure direction may be revised by the Department under Article 18 of the Order as extended by paragraph 1 of Schedule 4C to the Order - 


(a) if the Department receives an application for the revision of a decision under Article 18 of the Order as extended within one month of the date of notification of the decision or within such longer time as may be allowed by regulation 32B;

(b) if - 


(i) the Department notifies a person, who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Department is not in possession of all of the information or evidence needed to make a decision; and

(ii) that person reapplies for a decision to be revised within one month of the notification described in head (i) or such longer period as the Department is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;



(c) if the decision arose from an official error;

(d) if the Department is satisfied that the original decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error;

(e) where a departure direction takes effect in the circumstances described in regulation 35(3); or

(f) if the Department commences action leading to the revision of a decision within one month of the date of notification of the decision.



    (2) Paragraph (1) shall not apply - 



(a) in respect of a material change of circumstances which - 


(i) occurred since the date from which the decision had effect; or

(ii) is expected, according to information or evidence which the Department has, to occur; or



(b) where - 



(i) an appeal against the original decision has been brought but not determined; and

(ii) from the point of view of the appellant, a revision, if made, would be less to his advantage than the original decision.



Late application for a revision
     32B.  - (1) The period of one month specified in regulation 32A(1)(a) may be extended where the requirements specified in the following provisions of this regulation are satisfied.

    (2) An application for an extension of time shall be made by a relevant person or a person acting on his behalf.

    (3) An application for an extension of time shall - 



(a) be made within 13 months of the date on which notification of the decision which it is sought to have revised was given or sent; and

(b) contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified.



    (4) An application for an extension of time shall not be granted unless the person making the application, or any person acting for him, satisfies the Department that - 



(a) it is reasonable to grant the application;

(b) the application for the decision to be revised has merit; and

(c) special circumstances are relevant to the application for an extension of time,



and as a result of those special circumstances, it was not practicable for the application for a decision to be revised to be made within one month of the date of notification of the decision which it is sought to have revised.

    (5) In determining whether it is reasonable to grant an application for an extension of time, the Department shall have regard to the principle that the greater the time that has elapsed between the expiry of the period of one month described in regulation 32A(1)(a) from the date of notification of the decision which it is sought to have revised and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.

    (6) In determining whether it is reasonable to grant an application for an extension of time, no account shall be taken of the following - 



(a) that the person making the application for an extension of time or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b) that a Child Support Commissioner or a court has taken a different view of the law from that previously understood and applied.



    (7) An application under this regulation for an extension of time which has been refused may not be renewed.

    (8) In this regulation "Child Support Commissioner" includes a Child Support Commissioner appointed under section 22 of the Child Support Act 1991[25].

Date from which a revision of a decision takes effect
     32C. 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.

Supersession of decisions
     32D.  - (1) For the purposes of Article 19 of the Order as it applies in relation to decisions with respect to departure directions by virtue of paragraph 2 of Schedule 4C to the Order and subject to paragraphs (6), (9) and (10), the cases and circumstances in which a decision with respect to a departure direction may be made under that Article are set out in paragraphs (2) to (5).

    (2) A decision may be superseded by a decision made by the Department acting on its own initiative where it is satisfied that - 



(a) there has been a material change of circumstances since the decision was made; or

(b) the decision was made in ignorance of, or was based upon a mistake as to, some material fact.



    (3) A decision may be superseded by a decision made by the Department where - 



(a) an application is made on the basis that - 


(i) there has been a change of circumstances since the decision was made; or

(ii) it is expected that a change of circumstances will occur; and



(b) the Department is satisfied that the change of circumstances is or would be material.



    (4) A decision may be superseded by a decision made by the Department where - 



(a) an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and

(b) the Department is satisfied that the fact is or would be material.



    (5) A decision, other than a decision made on appeal, may be superseded by a decision made by the Department - 



(a) where an application is made on the basis that the decision was erroneous in point of law; or

(b) acting on its own initiative where it is satisfied that the decision was erroneous in point of law.



    (6) Subject to paragraph (7), paragraphs (2)(a) and (3) shall not apply where, if a decision were to be superseded in accordance with Article 19 of the Order, the difference between the current amount and the revised amount would be less than £1·00 per week.

    (7) Paragraph (6) shall not apply where the Department is satisfied on the information or evidence available to it that a ground on which the decision to be superseded was made no longer applies.

    (8) In paragraph (6) "revised amount" means the amount of child support maintenance which would be fixed if a decision with respect to a maintenance assessment were to be superseded by a decision made by the Department in accordance with paragraphs (2)(a) and (3) but for the operation of paragraph (6).

    (9) The cases and circumstances in which a decision may be superseded by a decision made by the Department shall not include any case or circumstance in which a decision may be revised.

    (10) Subject to paragraph (11), paragraphs (2) to (5) shall not apply in respect of - 



(a) a decision to reject or refuse an application for a departure direction; or

(b) a decision to cancel a departure direction.



    (11) Paragraph (10) shall not apply in a case to which either paragraph (2) or (3) of regulation 35 applies.

Date from which a superseding decision takes effect
     32E.  - (1) This regulation contains exceptions to the provisions of Article 19(4) of the Order, as it applies in relation to decisions with respect to departure directions by virtue of paragraph 2 of Schedule 4C to the Order, as to the date from which decisions which supersede earlier decisions are to take effect.

    (2) Subject to paragraphs (3) and (5), where - 



(a) a decision is made by the Department which supersedes an earlier decision in consequence of an application having been made under Article 19 of the Order as it applies in relation to decisions with respect to departure directions by virtue of paragraph 2 of Schedule 4C to the Order; and

(b) the date on which the application is made is not the first day in a maintenance period,



the decision shall take effect from the first day of the maintenance period in which the application is made.

    (3) Where a decision is superseded by a decision made by the Department in a case to which regulation 32D(2)(a) applies on the basis of information or evidence which was also the basis of a decision made under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998 the superseding decision under Article 19 of the Order extended by paragraph 2 of Schedule 4C to the Order shall take effect from the first day of the maintenance period in which that information or evidence was first brought to the attention of an officer exercising functions of the Department under the Order.

    (4) Where a decision is superseded by a decision made by the Department under regulation 32D(3) in consequence of an application made on the basis that a material change of circumstances is expected to occur, the superseding decision shall take effect from the first day of the maintenance period which immediately succeeds the maintenance period in which the material change of circumstances is expected to occur.

    (5) Where the Department makes, on its own initiative, a decision superseding a decision in consequence of information or evidence contained in an unsuccessful application for a revision of that decision, the superseding decision shall take effect from the first day of the maintenance period in which that application was made.

    (6) Where - 



(a) a decision made by an appeal tribunal under Article 22 of the Order as extended by paragraph 3 of Schedule 4C to the Order is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and

(b) the Department is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,



the superseding decision shall take effect from the date the decision it superseded took, or was to take, effect.

    (7) Any decision made under Article 19 of the Order as extended by paragraph 2 of Schedule 4C to the Order in consequence of a decision which is a relevant determination for the purposes of Article 28ZC of the Order shall take effect from the date of the relevant determination.

    (8) Where a decision with respect to a departure direction is superseded by a decision under Article 19 of the Order as extended by paragraph 2 of Schedule 4C to the Order because the departure direction ceases to have effect in accordance with regulation 35(1), the superseding decision shall take effect from the date on which the decision, that the maintenance assessment is cancelled or ceases to have effect, takes or took effect.

    (9) Where the superseding decision referred to in paragraph (8) is superseded by a further decision made under Article 19 of the Order in the circumstances described in regulation 35(2), that further decision shall take effect from the effective date of the fresh maintenance assessment.

    (10) Where a decision with respect to a departure direction is superseded by a decision under Article 19 of the Order as extended by paragraph 2 of Schedule 4C to the Order because the departure direction is suspended in accordance with regulation 35(4), the superseding decision shall take effect from the effective date of the later interim maintenance assessment or, as the case may be, the interim maintenance assessment which replaces a maintenance assessment.

    (11) Where the superseding decision referred to in paragraph (10) is superseded by a further decision under Article 19 of the Order as extended because the interim maintenance assessment referred to in regulation 35(4)(c) is followed by a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Order or by an interim maintenance assessment to which regulation 10 does not apply, that further decision shall take effect from the effective date of the fresh maintenance assessment or, as the case may be, interim maintenance assessment.

Cancellation of departure directions
     32F. The Department may cancel a departure direction where - 



(a) regulation 32A(1) applies and the Department is satisfied that it was not appropriate to have given it; or

(b) regulation 32D applies and the Department is satisfied that it is no longer appropriate for it to continue to have effect.



Notification of right of appeal, decision and reasons for decision
     32G.  - (1) The Department shall notify a person with a right of appeal under the Order against a decision under Article 18 or 19 of the Order as those Articles apply in relation to decisions with respect to departure directions by virtue of paragraphs 1 and 2 of Schedule 4C to the Order with respect to a departure direction of - 



(a) that right;

(b) that decision; and

(c) the reasons for that decision.



    (2) A written notice provided under paragraph (1) - 



(a) shall also contain sufficient information to enable a relevant person to exercise a right of appeal; and

(b) shall not contain any information which it is not necessary for a person to have in order to understand how the decision was reached.".



    (12) In regulation 34A(3)[26] (correction of accidental errors in departure directions), for "Article 28H(3) of the Order" there shall be substituted "regulation 31(1) (time within which appeals are to be brought) or, as the case may be, regulation 32(1) (late appeals) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[27]".

    (13) In regulation 35 (termination and suspension of departure directions) - 



(a) in paragraph (2) - 


(i) for "a child support officer" there shall be substituted "the Department"; and

(ii) "from the effective date of the fresh maintenance assessment" shall be omitted;



(b) in paragraph (3) "from the date that maintenance assessment was cancelled or ceased to have effect" shall be omitted; and

(c) in paragraph (4) for the words from "from the effective date" to the end there shall be substituted "where the interim maintenance assessment referred to in sub-paragraph (c) is followed by a maintenance assessment made in accordance with the provisions of Part I of Schedule 1 to the Order or by an interim maintenance assessment to which regulation 10 does not apply".



    (14) In regulation 41[28] (child 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 Order) - 



(a) in paragraph (5) for "the child support officer" there shall be substituted "the Department"; and

(b) in paragraph (6) for "a review under Article 18 of the Order by a child support officer of a maintenance assessment the effective date of which is on or before 8th December 1996 or a revision by the Department under that Article after 6th December 1998, or a review under Article 19, 20 or 21 of the Order" there shall be substituted "a decision under Article 18 of the Order revising a decision as to a maintenance assessment or a decision under Article 19 of the Order superseding a decision as to a maintenance assessment".



    (15) In regulation 42(4)[29] (application of regulation 41 where there is a transfer of property falling within paragraph 3 of Schedule 4B to the Order) for "the child support officer" there shall be substituted "the Department".

    (16) In regulation 44(5)[30] (maintenance assessment following a departure direction where there is a phased maintenance assessment) - 



(a) for the words from the beginning to "of the Order" there shall be substituted "Where the Department is satisfied that, were a decision as to a fresh maintenance assessment to be made under Article 18 or, as the case may be, Article 19 of the Order"; and

(b) for "the reviewed unadjusted departure amount" in each place where it occurs there shall be substituted "the fresh unadjusted departure amount".



    (17) In regulation 46A(1)[31] (cases to which regulation 11A applies) for "to (c)" there shall be substituted "and (b)".

    (18) In regulation 48 (transitional provisions  -  new maintenance assessment made before 2nd December whose effective date is on or after 2nd December 1996) for "28 days" in both places where it occurs there shall be substituted "one month".

Revocations
     4. The Regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3) of the Schedule.



Sealed with the Official Seal of the Department of Health and Social Services on

L.S.


John O'Neill
Assistant Secretary

31st March 1999.





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Notes:

[12] Regulation 29(2A) was inserted by regulation 8(10)(c) of S.R. 1995 No. 162back

[13] Regulation 29A was inserted by regulation 3(19) of S.R. 1995 No. 475 and amended by regulation 2(5) of S.R. 1996 No. 590back

[14] Regulation 31A was inserted by regulation 3(21) of S.R. 1995 No. 475back

[15] Regulation 32(3) was amended by regulation 2(11) of S.R. 1998 No. 400back

[16] Regulation 34 was amended by regulation 3(6) of S.R. 1996 No. 317back

[17] Regulation 34A was inserted by regulation 3(23) of S.R. 1995 No. 475back

[18] Paragraph (4) was amended by regulation 8(12)(a) of S.R. 1995 No. 162 and regulation 3(7)(c) of S.R. 1996 No. 317 and paragraph (5C) was inserted by regulation 8(12)(b) of S.R. 1995 No. 162 and amended by regulation 20(6)(c) of S.R. 1996 No. 289back

[19] Regulation 41 was amended by regulation 4(12) of S.R. 1993 No. 164 and regulation 8(14) of S.R. 1995 No. 162back

[20] Paragraph (1) was amended by regulation 20(10) of S.R. 1996 No. 289 and paragraph (3) was substituted by regulation 3(10)(a) of S.R. 1996 No. 317back

[21] S.R. 1996 No. 541; relevant amending regulations are S.R. 1998 Nos. 8 and 400back

[22] Regulation 11A was inserted by regulation 9(5) of S.R. 1998 No. 8 and amended by regulation 5(2) of S.R. 1998 No. 400back

[23] Regulation 15(4) was amended by regulation 9(6)(a) of S.R. 1998 No. 8back

[24] Regulation 32 was amended by regulation 9(12) of S.R. 1998 No. 8back

[25] 1991 c. 48back

[26] Regulation 34A was inserted by regulation 9(13) of S.R. 1998 No. 8back

[27] S.R. 1999 No. 162back

[28] Paragraph (5) was amended by regulation 9(17)(c) of S.R. 1998 No. 8 and paragraph (6) was amended by regulation 5(3) of S.R. 1998 No. 400back

[29] Regulation 42(4) was amended by regulation 9(18)(c) of S.R. 1998 No. 8back

[30] Regulation 44(5) was amended by regulation 9(21) of S.R. 1998 No. 8back

[31] Regulation 46A was inserted by regulation 9(23) of S.R. 1998 No. 8back

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