HL Deb 22 July 1991 vol 531 c537

72 Clause 31, page 22, line 46, at end insert: '(4) On an application under subsection (2), the court or (as the case may be) the sheriff shall not question the maintenance assessment under which the payments of child support maintenance fell to be made.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 72. The amendment prevents a magistrates' court, or in Scotland a sheriff, from questioning the maintenance assessment when considering an application for a liability order. It does not seek to restrict a person's right to challenge decisions made under the Bill but rather seeks to ensure that disputes are heard in the correct forum. A review and appeals mechanism is provided for in Clauses 17 and 19 of the Bill. Either party wishing to challenge a maintenance assessment may use these facilities to do so.

Moved, That the House do agree with the Commons in their Amendment No. 72.—(The Lord Chancellor.)

Lord Mishcon

My Lords, if an assessment or the way in which it has been reached is the subject matter of a judicial review, does the amendment, bearing in mind that it refers to "the court", prevent the tribunal dealing with the judicial review from querying the assessment?

The Lord Chancellor

My Lords, the opening words of the amendment are, an application under subsection (2)", which I believe to be an application for assessment for a liability order by the Secretary of State. Therefore, it is not a judicial review application. The operation of the subsection is restricted to an application under subsection (2). It is for that reason that the answer to the noble Lord's question is no.

On Question, Motion agreed to.