The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995

2.—(1) Section 2 shall be amended as follows.

(2) In subsection (1)—

(a) for the words “before or after the commencement of this Part of this Act” there shall be substituted the words “before, on or after 1st December 1995”;

(b) for the words “reciprocating country” there shall be substituted the words “specified State”; and

(c) for the word “country” there shall be substituted the word “State”.

(3) In subsection (2)—

(a) the words “a provisional order or to” shall be omitted; and

(b) after the word “Act” there shall be added the words “as applied to a specified State by the Recovery of Maintenance (United States of America) Order 1993(1)”.

(4) In subsection (4)—

(a) for the words “reciprocating country” where they first occur there shall be substituted the words “specified State”;

(b) in paragraph (a), for the words “a certified copy” there shall be substituted the words “three certified copies”;

(c) in paragraph (c), at the end there shall be inserted the words “or, in Scotland, signed by the applicant or his solicitor”;

(d) for paragraph (d) there shall be substituted—

“(d) a sworn statement signed by the payee giving the following information—

(i) the address of the payee;

(ii) such information as is known as to the whereabouts of the payer; and

(iii) a description, so far as is known, of the nature and location of any assets of the payer available for execution;”;

(e) after the words “that officer” where they last occur there shall be inserted the words “, in the case of a court in England and Wales or Northern Ireland, to the Lord Chancellor, or, in the case of a court in Scotland,”;

(f) for the words “Secretary of State” in the second place where they occur, there shall be substituted the word “him”; and

(g) for the words “responsible authority in the reciprocating country” there shall be substituted the words “appropriate authority in the specified State”.

(5) In subsection (5), after the word “and” there shall be inserted the words “, subject to section 5 below,”.

(1)

S.I. 1993/591.