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

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Explanatory Note

(This note is not part of the Order)

This Order provides for reciprocal enforcement between Scotland and the United States of America (as defined in article 2) of maintenance orders falling outwith the jurisdiction of the Secretary of State in respect of child support (article 3).

It applies, by article 4(1), Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 in relation to the United States of America, with the modifications set out in Schedule 1. Schedule 2 sets out on a purely illustrative basis Part I as so applied and modified.

The principal modification effected by this Order is that a maintenance order made in the United States of America may not be varied or revoked in the United Kingdom and that a maintenance order made in the United Kingdom may not be varied or revoked in the United States of America (see sections 5 and 9 as set out in Schedule 2).

The Order comes into force on 1st October 2007. By virtue of article 5, the arrangements under S.I. 1995/2709 (as amended) between the United Kingdom and specified States of the United States of America as individual reciprocating territories continue in full force and effect for Part I matters commenced before 1st October 2007.

The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 (S.I. 2007/2005) (“the UK Order”) provides for reciprocal enforcement between the United States of America and Scotland (in relation to maintenance orders other than those to which this Order applies as specified in article 3) and for such enforcement in relation to the rest of the United Kingdom.

Article 3 of the UK Order also formally designates the United States of America (as defined in article 2) as a reciprocating country.

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