The Recovery of Maintenance (United States of America) (Scotland) Order 2007

Interpretation

2.  In this Order–

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

“the applicant” means the applicant under section 26 of the Act;

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

“maintenance” includes aliment and any sums which are payable, following divorce, by one former spouse for the support of the other; 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).

(1)

The 1972 Act is relevantly amended by S.I. 1973/2163; the Magistrates' Courts Act 1980 (c. 43), Schedule 7; S.I. 1980/564 and 1981/1675 (NI26); the Matrimonial and Family Proceedings Act 1984 (c. 42), sections 31, 45, 47, 48 and Schedule 1; the Family Law (Scotland) Act 1985 (c. 37), section 29 and Schedules 1 and 2; the Legal Aid (Scotland) Act 1986 (c. 47), Schedules 3 and 5; the Family Law Reform Act 1987 (c. 42), Schedules 2 and 4; S.I. 1989/677 (NI4); the Courts and Legal Services Act 1990 (c. 41), Schedules 16 and 20; S.I. 1992/709; the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), Schedule 1; S.I. 1995/755 and 756; the Access to Justice Act 1999 (c. 22), Schedule 13; and S.I. 2004/2035.

(2)

1991 c. 48. Section 55 defines a “child” for the purposes of that Act.