The Reciprocal Enforcement of Maintenance Orders (United States of America) (Scotland) Order 2007

Citation, commencement and extent

1.—(1) This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (United States of America) (Scotland) Order 2007 and shall come into force on 1st October 2007.

(2) It extends to Scotland only.

Interpretation

2.  In this Order–

“the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972(1);

“child” has the meaning it bears in the Child Support Act 1991(2);

“maintenance order” is construed in accordance with Part I of the Act as modified by paragraph 18(2)(b) of Schedule 1 to this Order; and

“the United States of America” means the fifty States, the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, and any other jurisdiction of the United States participating in Title IV-D of the Social Security Act (Title 42, United States Code, Chapter 7, subchapter IV, Part D).

Scope – devolved competence

3.  This Order applies in respect of a maintenance order unless the Secretary of State would have had jurisdiction(3) to make a maintenance calculation (within the meaning of the Child Support Act 1991) as regards that maintenance with respect to a child–

(a) who is a payee under the maintenance order; or

(b) where a payee under the maintenance order is another person in relation to whom the Secretary of State has arranged for the collection of payments for that child’s benefit.

Application and modification of Part I of the Act in relation to the United States of America

4.—(1) The provisions of Part I of the Act apply in relation to the United States of America as a reciprocating country(4), subject to the exceptions, adaptations and modifications set out in Schedule 1.

(2) Part I of the Act, amended in accordance with paragraph (1) and Schedule 1, in relation to–

(a) maintenance orders made by courts in Scotland; and

(b) maintenance orders made by the courts in the United States of America,

is set out in Schedule 2.

Saving and transitional provision

5.—(1) This Order applies to–

(a) any application made on or after 1st October 2007 to the prescribed officer of a court in Scotland under section 2(3) of the Act for a maintenance order made by a court in Scotland to be sent to the United States of America for enforcement;

(b) any certified copy of a maintenance order made by a court in the United States of America which is received by the Scottish Ministers on or after 1st October 2007 under section 6(2) of the Act; and

(c) any application made under Part I of the Act in respect of–

(i) an application falling within paragraph (a); or

(ii) a certified copy maintenance order falling within paragraph (b).

(2) Subject to paragraph (1), the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995(5) continues in full force and effect.

Judith Simpson

Clerk of the Privy Council