Child Support Act 1991

28Power of Secretary of State to initiate or defend actions of declarator: Scotland

(1)Where—

(a)a child support officer is considering whether to make a maintenance assessment with respect to a person who is alleged to be a parent of the child, or one of the children, in question (“the alleged parent”);

(b)the alleged parent denies that he is a parent of the child in question; and

(c)the child support officer is not satisfied that the case falls within one of those set out in section 26(2),

the Secretary of State may bring an action for declarator of parentage under section 7 of the [1986 c. 9.] Law Reform (Parent and Child) (Scotland) Act 1986.

(2)The Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a maintenance assessment.

(3)This section applies to Scotland only.