2007 No. 355
The Recovery of Maintenance (United States of America) (Scotland) Order 2007
Made
Laid before the Scottish Parliament
Coming into force
At the Court at Buckingham Palace, the 25th day of July 2007
Present,
The Queen's Most Excellent Majesty in Council
This Order in Council is made in exercise of the powers conferred by sections 40 and 45(1) of the Maintenance Orders (Reciprocal Enforcement) Act 19721.
Her Majesty is satisfied that arrangements have been made in the United States of America to ensure that applications by persons in the United Kingdom for the recovery of maintenance from persons in the United States of America can be entertained by courts in the United States of America.
Her Majesty is also satisfied that in the interest of reciprocity it is desirable to ensure that applications by persons in the United States of America for the recovery of maintenance from persons in the United Kingdom can be entertained by courts in the United Kingdom.
Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows.
Citation, commencement and extent1
1
This Order may be cited as the Recovery of Maintenance (United States of America) (Scotland) Order 2007 and shall come into force on 1st October 2007.
2
It extends to Scotland only.
Interpretation2
In this Order–
“the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 19722;
“the applicant” means the applicant under section 26 of the Act;
“child” has the meaning it bears in the Child Support Act 19913;
“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).
Scope – devolved competence3
This Order applies in respect of a claim for the recovery of maintenance unless the Secretary of State would have had jurisdiction to make a maintenance calculation (within the meaning of the Child Support Act 19914) as regards that maintenance with respect to a child–
a
who is the applicant claiming the maintenance; or
b
where the applicant claiming the maintenance is another person in relation to whom the Secretary of State has arranged for the collection of payments for that child’s benefit.
Application of Part II of the Act to the United States of America4
1
The provisions of Part II of the Act (other than section 25) shall apply to the United States of America as they apply in relation to a convention country5, subject to the modification set out in paragraph (2).
2
After section 26(3) of the Act, insert–
3A
An application under subsection (1) or (2) above, for the purpose of recovering maintenance from a person in the United States of America within the meaning of the Recovery of Maintenance (United States of America) (Scotland) Order 20076, and a certificate signed by the sheriff to the effect that the application sets forth facts from which it may be determined that the respondent owes a duty to maintain the applicant and any other person named in the application and that a court in the United States of America may obtain jurisdiction of the respondent or the respondent’s property, shall be registered in the court in the prescribed manner by the appropriate officer in the Maintenance Orders (Reciprocal Enforcement) Act 1972 Register7.
Transitional arrangements5
1
This Order applies to–
a
an application made on or after 1st October 2007 to the Scottish Ministers under section 26(1) of the Act for a claim for the recovery of maintenance from a person in the United States of America to be transmitted to the United States of America;
b
an application made on or after 1st October 2007 to the Scottish Ministers under section 26(2) of the Act for the variation of provision made in the United States of America for the payment by another person of maintenance to the applicant, and for the application to be transmitted to the United States of America;
c
an application received by the Scottish Ministers on or after 1st October 2007 from the appropriate authority in the United States of America under section 31(1) of the Act for the recovery of maintenance from a person who is for the time being residing in Scotland; or
d
an application made under Part II of the Act in respect of an application falling within paragraph (a), (b) or (c).
2
Subject to paragraph (1), the Recovery of Maintenance (United States of America) Order 19938 shall continue in full force and effect.
(This note is not part of the Order)