The Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022

• Citation: S.I. 2022/503
• Sections: 29

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Child Support (Amendments Relating to Electronic Communications and Information) (England and Wales and Scotland) Regulations 2022.

(2) These Regulations come into force on 26th May 2022.

(3) These Regulations extend to England and Wales and Scotland.

Section 2 Amendment of the Child Support (Collection and Enforcement) Regulations 1992

The Child Support (Collection and Enforcement) Regulations 1992 (“ the 1992 Regulations ”) are amended in accordance with regulations 3 to 6.

Section 3 Amendment of regulation 1 of the 1992 Regulations

In regulation 1 (citation, commencement and interpretation)—

(a) in paragraph (2), after the definition of “the 2000 Act”, insert—

“ electronic communication ” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;

(b) in paragraph (3)—

(i) at the end of sub-paragraph (a), omit “and”;

(ii) at the end of sub-paragraph (b), insert—

; and

(c) any document or notice is given or sent to any other person, it shall, if sent by electronic communication, be treated as having been given or sent at the end of the first day after the day it was sent

Section 4 Insertion of regulation 1A into the 1992 Regulations

After regulation 1 (citation, commencement and interpretation) insert—

Use of electronic communications

(1A) Schedule A1 makes provision for the use of electronic communications.

Section 5 Amendment of regulation 25A of the 1992 Regulations

In regulation 25A (interpretation of this Part)—

(a) in paragraph (3), for sub-paragraph (b) substitute—

(b) on a liable person or, if the order is made in respect of a joint account, on another account holder—

(i) a copy of the order sent by electronic communication to that person’s last notified address for electronic communication, is to be treated as having been served at the end of the first working day after the day on which it was sent;

(ii) a copy of the order sent by post to that person’s last known or notified address, is to be treated as having been served at the end of the day on which the copy of the order was posted.

(b) omit paragraph (5);

(c) in paragraph (7), omit sub-paragraphs (a) and (b).

Section 6 Insertion of Schedule A1 into the 1992 Regulations

Before Schedule 1, insert—

Electronic Communications

Use of Electronic Communications

Use of electronic communications

(1)

(1) Where these Regulations require or permit a person to carry out an action referred to in sub-paragraph (2)—

(a) that person may, if the conditions specified in paragraph 2 are met, use electronic communication to carry out the action, and

(b) any reference to the action is to be construed as being capable of being carried out using electronic communication.

(2) The actions are—

(a) giving consent;

(b) giving or sending of a document or notice;

(c) notifying a person;

(d) making an application other than an application under—

(i) paragraph (2)(a) of regulation 22 (appeals against deduction from earnings orders);

(ii) regulation 28 (application for a liability order);

(e) making representations;

(f) serving a notice or order, including a copy of that notice or order;

(g) setting out in writing.

Conditions for the use of electronic communications

(2) The conditions for the use of electronic communications are—

(a) the electronic communication, its form, and the electronic address for the communication, have been agreed with the recipient for a purpose in paragraph 1(2);

(b) the electronic communication is sent in the agreed form to the agreed electronic address for the agreed purpose;

(c) the electronic communication is—

(i) legible, and

(ii) in a form sufficiently permanent to be used for subsequent reference.

Use of intermediaries

(3) The Secretary of State may use intermediaries in connection with the actions referred to in paragraph 1(2).

Evidential provisions

Proof of delivery

(4)

(1) An agreed electronic communication is presumed, unless the contrary is proved, to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, if the despatch of the agreed electronic communication is recorded on an official computer system.

(2) An agreed electronic communication is presumed, unless the contrary is proved, not to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is not recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, the despatch of that agreed electronic communication is not recorded on an official computer system.

(3) The time and date of receipt of an agreed electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Proof of identity

(5)

(1) The identity of the sender and the recipient of an electronic communication is presumed to be the persons whose names are recorded on an official computer system, unless the contrary is proved.

(2) An electronic communication sent on behalf of another person (“ P ”) is presumed to have been delivered by P unless P proves that it was delivered without P’s knowledge.

Proof of content

(6) The content of an electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Interpretation

(7) In this Schedule—

“ agreed electronic address ” means an electronic address agreed in accordance with paragraph 2(a);

“ agreed electronic communication ” means an electronic communication agreed in accordance with paragraph 2(a);

“ agreed form ” means the form agreed in accordance with paragraph 2(a);

“ agreed purpose ” means the purpose agreed in accordance with paragraph 2(a);

“ official computer system ” means a computer system maintained by or on behalf of the Secretary of State for the purposes of these Regulations.

Section 7 Amendment of the Child Support Information Regulations 2008

The Child Support Information Regulations 2008 (“ the 2008 Regulations ”) are amended in accordance with regulations 8 to 12.

Section 8 Amendment of regulation 2 of the 2008 Regulations

In regulation 2 (interpretation), in paragraph (1), after the definition of “the 1991 Act”, insert—

“ electronic communication ” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;

Section 9 Insertion of regulation 2A into the 2008 Regulations

After regulation 2 (interpretation) insert—

Use of electronic communications

(2A) The Schedule makes provision for the use of electronic communications.

Section 10 Amendment of regulation 4 of the 2008 Regulations

In regulation 4 (information from other persons)—

(a) after paragraph (2)(k) insert—

(ka) a person (“ P ”)—

(i) who is carrying on, or who has carried on, share trading or investment management;

(ii) who is communicating, or who has communicated, in the course of business, an invitation or inducement to engage in share trading or investment management;

(kb) a person (P’s “intermediary”) who has, or who has had, arrangements with P that P is, or was, to—

(i) carry on share trading or investment management;

(ii) communicate, in the course of business, an invitation or inducement to engage in share trading or investment management;

(kc) except where sub-paragraph (d) applies, a person providing, or who has provided, professional services to the non-resident parent, P or P’s intermediary, in relation to the activities described in sub-paragraph (ka) or (kb);

(kd) a proprietor of an Academy, where “ proprietor ” and “ Academy ” have the same meaning as in section 579 of the Education Act 1996 ;

(b) in paragraph (2)(m) after “occupational” insert “, or personal,” ;

(c) after paragraph (2)(m) insert—

(n) the Motor Insurers’ Bureau, a company limited by guarantee, or its officers where officer has the meaning given by section 1173(1) of the Companies Act 2006 .

(d) after paragraph (3) insert—

(4) For the purposes of this regulation—

“ the 2001 Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

“ the 2005 Order ” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

“ carrying on share trading or investment management ” means carrying on a regulated activity referred to in—

any of articles 14, 21, 25, 40, 45 or 53 of the 2001 Order in relation to shares or stock within the meaning of article 76 of that Order;

article 37 of the 2001 Order,

and an expression referring to this is to be construed accordingly;

“ engage in share trading or investment management ” means engaging in an activity referred to in—

any of paragraphs 3, 4, 6, 7 or 11 of Part I of Schedule 1 to 2005 Order in relation to shares or stock within the meaning of paragraph 14 of Part II of Schedule 1 to that Order,

paragraph 5 of Part I of Schedule 1 to the 2005 Order;

and an expression referring to this is to be construed accordingly;

“ communicate ” has the same meaning as in section 21(13) of the Financial Services and Markets Act 2000 ;

“ in the course of business ” and “ invitation or inducement ” have the same meanings as in the Financial Services and Markets Act 2000;

“ professional services ” has the same meaning as in section 327(8) of the Financial Services and Markets Act 2000;

“ regulated activity ” has the same meaning as in section 22 of the Financial Services and Markets Act 2000 .

Section 11 Amendment of regulation 14A of the 2008 Regulations

In regulation 14A (disclosure of information to credit reference agencies), in paragraph (2), for “address” substitute “postal address, or by electronic communication in accordance with the Schedule,” .

Section 12 Insertion of the Schedule into the 2008 Regulations

After regulation 15 insert—

Electronic Communications

Use of Electronic Communications

Use of electronic communications

(1)

(1) Where these Regulations require or permit a person to carry out an action referred to in sub-paragraph (2)—

(a) that person may, if the conditions specified in paragraph 2 are met, use electronic communication to carry out the action, and

(b) any reference to the action is to be construed as being capable of being carried out using electronic communication.

(2) The actions are—

(a) notifying;

(b) the disclosure of any information under regulation 13 (disclosure of information to other persons).

Conditions for the use of electronic communications

(2) The conditions for the use of electronic communications are—

(a) the electronic communication, its form, and the electronic address for the communication, have been agreed with the recipient for a purpose in paragraph 1(2);

(b) the electronic communication is sent in the agreed form to the agreed electronic address for the agreed purpose;

(c) the electronic communication is—

(i) legible, and

(ii) in a form sufficiently permanent to be used for subsequent reference.

Use of intermediaries

(3) The Secretary of State may use intermediaries in connection with the actions referred to in paragraph 1(2).

Evidential provisions

Proof of delivery

(4)

(1) An agreed electronic communication is presumed, unless the contrary is proved, to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, if the despatch of the agreed electronic communication is recorded on an official computer system.

(2) An agreed electronic communication is presumed, unless the contrary is proved, not to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is not recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, the despatch of that agreed electronic communication is not recorded on an official computer system.

(3) The time and date of receipt of an agreed electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Proof of identity

(5)

(1) The identity of the sender and the recipient of an electronic communication is presumed to be the persons whose names are recorded on an official computer system, unless the contrary is proved.

(2) An electronic communication sent on behalf of another person (“ P ”) is presumed to have been delivered by P unless P proves that it was delivered without P’s knowledge.

Proof of content

(6) The content of an electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Interpretation

(7) In this Schedule—

“ agreed electronic address ” means an electronic address agreed in accordance with paragraph 2(a);

“ agreed electronic communication ” means an electronic communication agreed in accordance with paragraph 2(a);

“ agreed form ” means the form agreed in accordance with paragraph 2(a);

“ agreed purpose ” means the purpose agreed in accordance with paragraph 2(a);

“ official computer system ” means a computer system maintained by or on behalf of the Secretary of State for the purposes of these Regulations.

Section 13 Amendment of the Child Support (Management of Payments and Arrears) Regulations 2009

The Child Support (Management of Payments and Arrears) Regulations 2009 (“ the 2009 Regulations ”) are amended in accordance with regulations 14 to 20.

Section 14 Amendment of regulation 2 of the 2009 Regulations

In regulation 2(1), after the definition of “the Decisions and Appeals Regulations”, insert—

“ electronic communication ” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;

Section 15 Insertion of regulation 2A into the 2009 Regulations

After regulation 2 insert—

Use of electronic communications

(2A) Schedule 1 makes provision for the use of electronic communications.

Section 16 Amendment of regulation 13H of the 2009 Regulations

In regulation 13H (Secretary of State required to give notice)—

(a) in paragraph (3)(da)(i) and (3)(da)(ii) after “post” insert “, or electronic communication in accordance with Schedule 1,” ;

(b) in paragraph (5) for “address” substitute “postal address” ;

(c) after paragraph (5) insert—

(6) For the purposes of this regulation, where the Secretary of State sends any written notification by electronic communication to a person’s last known or notified address for electronic communication, that document is treated as having been received by that person at the end of the first day after the day it was sent.

Section 17 Amendment of regulation 13J of the 2009 Regulations

In regulation 13J (notification of decision to write off), in paragraph (2), after “post” insert “, or electronic communication in accordance with Schedule 1,” .

Section 18 Amendment of regulation 14 of the 2009 Regulations

In regulation 14 (revocations) for “the Schedule” substitute “Schedule 2” .

Section 19 Amendment of the Schedule to the 2009 Regulations

In the Schedule heading, after “Schedule”, insert “2” .

Section 20 Insertion of Schedule 1 to the 2009 Regulations

Before Schedule 2 (revocations), as amended by regulation 19, insert—

Electronic Communications

Use of Electronic Communications

Use of electronic communications

(1)

(1) Where these Regulations require or permit a person to carry out an action referred to in sub-paragraph (2)—

(a) that person may, if the conditions specified in paragraph 2 are met, use electronic communication to carry out the action, and

(b) any reference to the action is to be construed as being capable of being carried out using electronic communication.

(2) The actions are—

(a) disclosing information;

(b) giving consent or permission;

(c) giving or sending of a document or notice;

(d) informing or notifying a person;

(e) making an application;

(f) making representations;

(g) preparing an agreement;

(h) sending or serving an agreement or notice, including a copy of that agreement or notice.

Conditions for the use of electronic communications

(2) The conditions for the use of electronic communications are—

(a) the electronic communication, its form, and the electronic address for the communication, have been agreed with the recipient for a purpose in paragraph 1(2);

(b) the electronic communication is sent in the agreed form to the agreed electronic address for the agreed purpose;

(c) the electronic communication is—

(i) legible, and

(ii) in a form sufficiently permanent to be used for subsequent reference.

Use of intermediaries

(3) The Secretary of State may use intermediaries in connection with the actions referred to in paragraph 1(2).

Evidential provisions

Proof of delivery

(4)

(1) An agreed electronic communication is presumed, unless the contrary is proved, to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, if the despatch of the agreed electronic communication is recorded on an official computer system.

(2) An agreed electronic communication is presumed, unless the contrary is proved, not to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is not recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, the despatch of that agreed electronic communication is not recorded on an official computer system.

(3) The time and date of receipt of an agreed electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Proof of identity

(5)

(1) The identity of the sender and the recipient of an electronic communication is presumed to be the persons whose names are recorded on an official computer system, unless the contrary is proved.

(2) An electronic communication sent on behalf of another person (“ P ”) is presumed to have been delivered by P unless P proves that it was delivered without P’s knowledge.

Proof of content

(6) The content of an electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Interpretation

(7) In this Schedule—

“ agreed electronic address ” means an electronic address agreed in accordance with paragraph 2(a);

“ agreed electronic communication ” means an electronic communication agreed in accordance with paragraph 2(a);

“ agreed form ” means the form agreed in accordance with paragraph 2(a);

“ agreed purpose ” means the purpose agreed in accordance with paragraph 2(a);

“ official computer system ” means a computer system maintained by or on behalf of the Secretary of State for the purposes of these Regulations.

Section 21 Amendment of the Child Support Maintenance Calculation Regulations 2012

The Child Support Maintenance Calculation Regulations 2012 (“the 2012 Regulations” are amended in accordance with regulations 22 to 29.

Section 22 Amendment of regulation 2 of the 2012 Regulations

In regulation 2, after the definition of “current income”, insert—

“ electronic communication ” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;

Section 23 Insertion of regulation 2A into the 2012 Regulations

After regulation 2 insert—

Use of electronic communications

(2A) Schedule 1 makes provision for the use of electronic communications.

Section 24 Amendment of regulation 7 of the 2012 Regulations

In regulation 7 (service of documents), after paragraph (2), insert—

(3) Where the Secretary of State sends any written notification or any document by electronic communication to a person’s last known or notified address for electronic communication that document is treated as having been given or sent at the end of the first day after the day it was sent.

Section 25 Amendment of regulation 11 of the 2012 Regulations

In regulation 11 (notice of application), for paragraph (2) substitute—

(2) The notice must be sent by—

(a) post to the last known address of the non-resident parent (as ascertained and verified in accordance with paragraph (3)(a)); or

(b) by electronic communication in accordance with Schedule 1.

Section 26 Amendment of regulation 12 of the 2012 Regulations

In regulation 12 (initial effective date), in paragraph (2)—

(a) at the end of sub-paragraph (a), omit “or”;

(b) at the end of sub-paragraph (b), insert—

; or

(c) by electronic communication in accordance with Schedule 1, at least one day prior to the initial effective date

(c) in sub-paragraph (a) and (b) for “address” substitute “postal address” .

Section 27 Amendment of regulation 33 of the 2012 Regulations

In regulation 33 (procedural matters relating to appeals), for “The Schedule” substitute “Schedule 2” .

Section 28 Amendment of the Schedule to the 2012 Regulations

In the Schedule heading insert “2” after “Schedule” .

Section 29 Insertion of Schedule 1 to the 2012 Regulations

Before Schedule 2 (appeals: procedural matters), as re-numbered by regulation 28, insert —

Electronic Communications

Use of Electronic Communications

Use of electronic communications

(1)

(1) Where these Regulations require or permit a person to carry out an action referred to in sub-paragraph (2)—

(a) that person may, if the conditions specified in paragraph 2 are met, use electronic communication to carry out the action, and

(b) any reference to the action is to be construed as being capable of being carried out using electronic communication.

(2) The actions are—

(a) authorising a representative;

(b) certification;

(c) giving or sending of a document or notice;

(d) informing or notifying a person.

Conditions for the use of electronic communications

(2) The conditions for the use of electronic communications are—

(a) the electronic communication, its form, and the electronic address for the communication, have been agreed with the recipient for a purpose in paragraph 1(2);

(b) the electronic communication is sent in the agreed form to the agreed electronic address for the agreed purpose;

(c) the electronic communication is—

(i) legible, and

(ii) in a form sufficiently permanent to be used for subsequent reference.

Use of intermediaries

(3) The Secretary of State may use intermediaries in connection with the actions referred to in paragraph 1(2).

Evidential provisions

Proof of delivery

(4)

(1) An agreed electronic communication is presumed, unless the contrary is proved, to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, if the despatch of the agreed electronic communication is recorded on an official computer system.

(2) An agreed electronic communication is presumed, unless the contrary is proved, not to have resulted in delivery if—

(a) in the case that it falls to be delivered to the Secretary of State, the delivery of the agreed electronic communication is not recorded on an official computer system; or

(b) in the case that it falls to be delivered by the Secretary of State, the despatch of that agreed electronic communication is not recorded on an official computer system.

(3) The time and date of receipt of an agreed electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Proof of identity

(5)

(1) The identity of the sender and the recipient of an electronic communication is presumed to be the persons whose names are recorded on an official computer system, unless the contrary is proved.

(2) An electronic communication sent on behalf of another person (“ P ”) is presumed to have been delivered by P unless P proves that it was delivered without P’s knowledge.

Proof of content

(6) The content of an electronic communication is presumed to be that recorded on an official computer system, unless the contrary is proved.

Interpretation

(7) In this Schedule—

“ agreed electronic address ” means an electronic address agreed in accordance with paragraph 2(a);

“ agreed electronic communication ” means an electronic communication agreed in accordance with paragraph 2(a);

“ agreed form ” means the form agreed in accordance with paragraph 2(a);

“ agreed purpose ” means the purpose agreed in accordance with paragraph 2(a);

“ official computer system ” means a computer system maintained by or on behalf of the Secretary of State for the purposes of these Regulations.