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The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

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This is the original version (as it was originally made).

Debtors (Scotland) Act 1987 (c.18)

This section has no associated Explanatory Memorandum

11.—(1) The Debtors (Scotland) Act 1987(1) is amended as follows.

(2) In section 54 (current maintenance arrestment to be preceded by default)—

(a)in subsection (1)(a)(i), after “(a)” insert “, (aa)”;

(b)in subsection (1)(a)(ii), after “(g)” insert “, (ga)”;

(c)in subsection (2)(a), for “or (g)” substitute “, (g) or (ga)”;

(d)after subsection (3) insert—

“(4) In subsections (1) and (2), “order” includes decision, settlement and instrument.

(5) In the case of a decision, settlement or instrument mentioned in paragraph (aa) of the definition of “maintenance order” in section 106, the reference in subsection (1)(a)(i) to the making of the order is to be construed as a reference—

(a)in the case of a decision, to the making of the decision;

(b)in the case of a settlement, to the approval by or, as the case may be, conclusion before a court of the settlement;

(c)in the case of an instrument, to the authentication by a competent authority of the instrument.”.

(3) In section 55 (review and termination of current maintenance arrestment)—

(a)in subsection (9), for “or (g)” substitute “, (g) or (ga)”;

(b)after subsection (9) insert—

“(10) In subsections (8)(a) and (9),“order” includes decision, settlement and instrument.”.

(4) In section 66 (recall and variation of conjoined arrestment order)—

(a)in subsection (5), for “or (g)” substitute “, (g) or (ga)”;

(b)after subsection (10) insert—

“(11) In subsections (4)(b) and (5), “order” includes decision, settlement and instrument.”.

(5) In section 73A(4) (arrestment and action of furthcoming: interpretation), in the definition of “decree”, after paragraph (d) insert—

“(da)a decision, court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which is enforceable in Scotland by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;”.

(6) In section 106 (interpretation)—

(a)in the definition of “maintenance order”—

(i)after paragraph (a) insert—

“(aa)a decision, court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which falls to be enforced by the sheriff court by virtue of Section 1 of Chapter IV of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;”;

(ii)after paragraph (g) insert—

“(ga)a decision, court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which is registered in Scotland under the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;”;

(b)after that definition insert—

““the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;”.

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