EXPLANATORY NOTE
(This note is not part of the Order)
This Order, by article 3, designates the United States of America (as defined in article 2) as a reciprocating country with the United Kingdom for the purposes of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972.
Article 4 of this Order applies Part 1 of the 1972 Act, as amended, to the reciprocal arrangement between the United Kingdom and the United States of America with the modifications set out in Schedule 1. Schedule 2 sets out 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 in Schedule 2).
Under article 5, this Order applies to Scotland only in respect of the maintenance orders specified in that article.
This Order comes into force on 1st October 2007. By virtue of article 6, the arrangement under S.I. 1995/2709 (as amended) between the United Kingdom and specified States of the United States of America as individual reciprocating territories continues in full force and effect for Part I matters commenced before 1st October 2007.
The Reciprocal Enforcement of Maintenance Orders (United States of America) (Scotland) Order 2007 (S.S.I. 2007/354) provides for reciprocal enforcement between Scotland and the United States of America of maintenance orders other than those specified in article 5 of this Order.