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STATUTORY INSTRUMENTS

2007 No. 2005

MAINTENANCE OF DEPENDANTS

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

  Made 25th July 2007 
  Laid before Parliament 1st August 2007 
  Coming into force 1st October 2007 

At the Court at Buckingham Palace, the 25th day of July 2007

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty is satisfied that, in the event of the benefits conferred by Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972[1] being applied to maintenance orders made by the United States of America, similar benefits will in the United States of America be applied to maintenance orders made by the courts of the United Kingdom.

     Her Majesty is also satisfied that arrangements have been made in the United States of America to ensure that maintenance orders made by courts in the United Kingdom can be enforced in the United States of America.

     Her Majesty is also satisfied that in the interests of reciprocity it is desirable to ensure that maintenance orders made by courts in the United States of America can be enforced in the United Kingdom.

     Therefore, Her Majesty, in exercise of the powers conferred by sections 1, 40 and 45 (1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement
     1. This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 and shall come into force on 1st October 2007.

Interpretation
     2. In this Order—

    "the Act" means the Maintenance Orders (Reciprocal Enforcement) Act 1972;

    "child" has the meaning it bears in the Child Support Act 1991;

    "maintenance order" is construed in accordance with Part I of the Act as modified by paragraph 19(2)(c) of Schedule 1 to this Order; 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).

Designation of the United States of America as a reciprocating country
     3. The United States of America is hereby designated as a reciprocating country for the purposes of Part I of the Act as regards maintenance orders generally.

Application and modification of Part I of the Act in relation to the United States of America
     4. —(1) The provisions of Part I of the Act shall apply in relation to the United States of America as a reciprocating country, subject to the exceptions, adaptations and modifications set out in article 5 and Schedule 1 to this Order.

    (2) Part 1 of the Act, amended in accordance with paragraph (1) and Schedule 1 in relation to—

    (a) maintenance orders made by courts in the United Kingdom, and

    (b) maintenance orders made by courts in the United States of America,

is as set out in Schedule 2 to this Order.

Application to Scotland
     5. Except for article 3 (which applies to Scotland for all purposes), this Order applies to Scotland only in respect of a maintenance order where the Secretary of State would have had jurisdiction to make a maintenance calculation (within the meaning of the Child Support Act 1991[2]) and to award maintenance to a child—

    (a) who is a payee under the maintenance order; or

    (b) where a payee under the maintenance order is another person in relation to whom the Secretary of State has arranged for the collection of payments for that child's benefit.

Transitional provisions
     6. —(1) This Order applies to-

    (a) any application made on or after 1st October 2007 to the prescribed officer of a court in the United Kingdom under section 2(3) of the Act for a maintenance order made by a court in the United Kingdom to be sent to the United States of America for enforcement;

    (b) any certified copy of a maintenance order made by a court in the United States of America which is received by the Lord Chancellor or the Scottish Ministers on or after 1st October 2007 under section 6(2) of the Act; and

    (c) any application made under Part I of the Act in respect of-

      (i) an application falling within paragraph (a), or

      (ii) a certified copy maintenance order falling within paragraph (b).

    (2) Subject to paragraph (1), the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995[3] continues in full force and effect.


Judith Simpson
Clerk of the Privy Council


SCHEDULE 1
Article 4(1)


MODIFICATIONS TO PART 1 OF THE ACT


     1. —(1) Amend section 2 as follows.

    (2) For subsection (1) substitute—

        " (1) Subject to subsection (2) below, where the payer under a maintenance order made, whether before, on or after 1st October 2007, by a court in the United Kingdom is residing or has assets in the United States of America, the payee under the Order may apply for the order to be sent to the United States of America for enforcement."

    (3) In subsection (2), omit the words "a provisional order or to".

    (4) For subsection (4) substitute—

        " (4) If, on an application duly made under this section to the prescribed officer of a court in the United Kingdom, that officer is satisfied that the payer under the maintenance order to which the application relates is residing or has assets in the United States of America, the following documents, that is to say—

      (a) three certified copies of the maintenance order;

      (b) a certificate signed by that officer certifying that the order is enforceable in the United Kingdom;

      (c) a certificate of arrears so signed or, in Scotland, signed by the applicant or his solicitor;

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

        (i) the address of the payee;

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

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

      (e) a statement giving such information as the officer possesses for facilitating the identification of the payer; and

      (f) where available, a photograph of the payer;

    shall be sent by that officer, 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, to the Scottish Ministers, with a view to their being transmitted by him to the responsible authority in the United States of America if he is (or they are) satisfied that the statement relating to the whereabouts of the payer and the nature and location of his assets gives sufficient information to justify that being done."

    (5) In subsection (5), after the word "and" insert the words ", subject to section 5 below,"

     2. Omit sections 3 and 4.

     3. For section 5 substitute—

         " 5. —(1) This section applies to a maintenance order certified copies of which have been sent in pursuance of section 2 to the United States of America for enforcement.

        (2) The jurisdiction of a court in the United Kingdom to revoke, revive or vary a maintenance order shall be exercisable notwithstanding that the proceedings for the revocation, revival or variation, as the case may be, of the order are brought by or against a person residing in the United States of America.

        (3A) Where subsection (1) of section 60 of the Magistrates' Courts Act 1980[    4] (revocation, variation, etc of orders for periodical payment) applies in relation to a maintenance order to which this section applies, that subsection shall have effect as if for the words "by order or complaint" there where substituted "on an application being made, by order"

        (3B) Where paragraph (1) of Article 86 of the Magistrates' Courts (Northern Ireland) Order 1981 applies in relation to a maintenance order to which this section applies, that paragraph shall have effect as if for the words "by order on complaint" there were substituted "on an application being made, by order".

        (4) Where an application is made by the payee to a court in the United Kingdom for the variation or revocation of an order to which this section applies and the payer is residing in the United States of America, the prescribed officer of the court shall—

      (a) in the case of a court in England and Wales or Northern Ireland, send to the Lord Chancellor, or in the case of a court in Scotland, send to the Scottish Ministers notice of the institution of proceedings, including notice of the substance of the application, with a view to its being transmitted by him (or by them) to the responsible authority in the United States of America for service on the payer; and

      (b) give the payer notice on writing of the date fixed for the hearing by sending the notice by post addressed to his last known or usual place of abode.

        (5) Where such an application is made—

      (a) the order shall be varied or revoked unless the document mentioned is subsection (4) (a) above has been served on the payer in accordance with the law for the service of such a document in the United States of America;

      (b) the court, in considering whether or not to vary or revoke the order, shall take into account any representations made and any evidence adduced by or on behalf of the payer: and

      (c) a copy of any such representations or evidence shall be served on the payee in the prescribed manner before the hearing.

        (6) Where an application is made by the payer to a court in the United Kingdom for the variation or revocation of an order to which this section applies, the prescribed officer of the court shall arrange for the service of notice of institution of the proceedings, including notice of the substance of the application, on the payee.

        (7) Where an order to which this section applies is varied or revoked by a court in the United Kingdom the prescribed officer if the court shall send the following documents, that is to say—

      (a) three certified copies of the order of variation or revocation; and

      (b) a written statement, signed by that officer, as to whether both the payer and the payee under the order appeared in the proceedings, and, if only the applicant appeared, the original or a certified copy of a document which establishes that notice of the institution of the proceedings had been served on the other party,

    in the case of a court in England and Wales and Northern Ireland, to the Lord Chancellor, or in the case of a court in Scotland, to the Scottish Ministers, with a view to their being transmitted by him (or by them) to the responsible authority in the United States of America for registration and enforcement of the order of variation or revocation.

        (8) Where a maintenance order to which this section applies has been varied by an order made by a court in the United Kingdom the maintenance order shall, as from the date on which the order of variation took effect, have effect as varied by that order.

        (9) Where a maintenance order to which this section applies has been revoked by an order made by a court in the United Kingdom the maintenance order shall, as from the date on which the order of revocation took effect, be deemed to have ceased to have effect.

        (10) Where an order has been varied or revoked in accordance with subsections (8) or (9) above, unless specifically provided for in the order, any arrears shall continue to be recoverable as if the order for variation or revocation had not been made."

     4. For section 6 substitute—

         " 6. —(1) This section applies to a maintenance order made, whether before, on or after 1st October 2007, by a court in the United States of America.

        (2) Where a certified copy of an order to which this section applies is received by the Lord Chancellor or the Scottish Ministers from the responsible authority in the United States of America, and it appears to him (or to them) that the payer under the order is residing or has assets in the United Kingdom, he (or they) shall send the copy of the order to the prescribed officer of the appropriate court.

        (3) Where the prescribed officer of the appropriate court receives from the Lord Chancellor or the Scottish Ministers a certified copy of an order to which this section applies, the officer shall, subject to subsection (4) below, register the order in the prescribed manner in that court.

        (4) Before registering an order under this section an officer of a court shall take such steps as the officer thinks fit for the purpose of ascertaining whether the payer under the order is residing or has assets within the jurisdiction of the court, and if after taking those steps the officer is satisfied that the payer is not residing and has no assets within the jurisdiction of the court, the officer shall return the certified copy of the order to the Lord Chancellor or the Scottish Ministers, as the case may be, with a statement giving such information as the officer possesses as to the whereabouts of the payer and the nature and location of his assets."

     5. Omit section 7.

     6. —(1) Amend section 8 as follows.

    (2) For sub-section (3A), substitute—

        " (3A) In subsection (3) above "appropriate officer" means—

      (a) in relation to a magistrates' court in England and Wales, the designated officer for the court; and

      (b) in relation to a magistrates' court in Northern Ireland, the collecting officer of the court, being the officer mentioned in Article 85(4) of the Magistrates' Courts (Northern Ireland) Order 1981; and

      (c) in relation to a court elsewhere, the clerk of the court."

    (3) For subsection (7) substitute—

        " (7) Sums of money payable under a registered order shall be payable in accordance with the order as from the date on which the order was made.".

    (4) Omit subsection (8).

     7. For section 9 substitute—

         " 9. —(1) Where a registered order has been varied by a court in the United States of America, the registered order shall, as from the date on which the order of variation took effect or 1st October 2007 , whichever is the later, have effect as varied by that order.

        (2) Where a registered order has been revoked by a court in the United States of America, the registered order shall, as from the date on which the order of revocation took effect or 1st October 2007, whichever is the later, be deemed to have ceased to have effect.

        (3) Where an order has been varied or revoked in accordance with subsections (1) and (2), above, unless provided for in the order, any arrears due shall continue to be recoverable as if the order for variation or revocation had not been made.

        (4) The prescribed officer of the registering court shall register in the prescribed manner any order varying a registered order."

     8. —(1) Amend section 10 as follows.

    (2) For subsection (1) substitute—

        " (1) Where a registered order is revoked by an order made by a court in the United States of America and notice of the revocation is received by the registering court, the prescribed officer of the registering court shall cancel the registration; but any arrears due under the registered order at the date on which the order of revocation took effect, shall continue to be recoverable as if the registration had not been cancelled".

    (3) In paragraph (a) of subsection (7), at the end add the words "or, in Scotland, by the applicant or his solicitor".

    (4) In subsection (8), in paragraph (a), omit the word "and" and after paragraph (b) insert—

           " ; and

      (c) for the words "Lord Chancellor", in each place where they occur, substitute the words "Scottish Ministers"; and, for "him" and "he", "them" and "they"."

     9. —(1) For section 11 substitute—

         " 11. —(1) If at any time it appears to the Lord Chancellor or the Scottish Ministers that the payer under a maintenance order, a certified copy of which has been received by him from the United States of America, is not residing and has no assets in the United Kingdom, he (or they) shall send to the responsible authority in the United States of America or, if having regard to all the circumstances he thinks (or they think) it proper to do so, to the responsible authority in another reciprocating country—

      (a) the certified copy of the order in question and a certified copy of any order varying that order;

      (b) if the order has at any time been a registered order, a certificate of arrears signed by the prescribed officer or, in Scotland, by the applicant or his solicitor;

      (c) a statement giving such information as the Lord Chancellor possesses, or the Scottish Ministers possess, as to the whereabouts of the payer and the nature and location of his assets; and

      (d) any other relevant documents in his (or their) possession relating to the case.

        (2) Where the documents mentioned in subsection (1) are sent to the responsible authority in a reciprocating country other than that in which the order in question was made, the Lord Chancellor or the Scottish Ministers shall inform the responsible authority in the reciprocating country in which that order was made of what he has (or they have) done."

     10. Omit section 12.

     11. —(1) Amend section 13 as follows.

    (2) In subsection (1)—

    (a) in paragraph (a), for the words "a reciprocating country" substitute the words "the United States of America"; and

    (b) in paragraphs (b) and (c), for the words "such a country" substitute the words "the United States of America".

    (3) In subsection (3), for the words "officer of the court in question" substitute the words "other person before whom the evidence was given".

     12. —(1) Amend section 14 as follows.

    (2) In subsection (1)—

    (a) for the words "a reciprocating country" substitute the words "the United States of America";

    (b) for the words from "in the prescribed manner" to the end substitute the following—

      " by the prescribed officer of the court—

      (a) in England and Wales or Northern Ireland, to the Lord Chancellor; or

      (b) in Scotland, to the Scottish Ministers,

    for transmission to the responsible authority in the United States of America."

    (3) In subsection (2), for paragraphs (a) and (b) substitute the words "out of moneys provided by Parliament".

    (4) In subsections (3) and (4), for the words "a reciprocating country" substitute the words "the United States of America".

    (5) For subsection (5) substitute—

        " (5) A court in—

      (a) England and Wales or Northern Ireland may, for the purpose of any proceedings in that court under this Part of this Act relating to a maintenance order to which this Part of this Act applies, send to the Lord Chancellor; or

      (b) Scotland may, for the purpose of such proceedings in that court relating to such an order, send to the Scottish Ministers,

    for transmission to the responsible authority in the United States of America a request for a court in the United States of America to take or provide evidence relating to such matters as may be specified in the request.".

     13. —(1) Amend section 15 as follows.

    (2) In paragraphs (a) and (c), for the words "a reciprocating country" substitute the words "the United States of America".

    (3) Omit the word "magistrate" in each place where it occurs.

     14. —(1) Amend section 16 as follows.

    (2) In subsections (3) and (5) (a), for the words "in a reciprocating country" substitute the words "the United States of America".

    (3) In subsection (5)—

    (a) in paragraph (a), omit the words "or (if earlier) the date on which it is confirmed by a court in the United Kingdom"; and

    (b) in paragraph (b), for the words "a court in the United Kingdom or (if earlier) the date on which the last order is confirmed by such a court" substitute the words "the registering court".

     15. —(1) Amend section 17 as follows.

    (2) For subsections (5A), (6) and (7) substitute—

        " (5A) Where the respondent to an application for the variation or revocation of a maintenance order made by a magistrates' court in England and Wales, being an order to which section 5 of this Act applies, is residing in the United States of America, a magistrates' court in England and Wales shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been residing in England and Wales.

        (6) Where the respondent to an application for the variation or revocation of a maintenance order made by a magistrates' court in Northern Ireland, being an order to which section 5 of this Act applies, is residing in the United States of America, a magistrates' court in Northern Ireland shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been residing in Northern Ireland.

        (7) Where the respondent to an application for the variation or revocation of a maintenance order made by a magistrates' court, and to which section 5 of this Act applies, does not appear at the time and place appointed for the hearing of the application, but the court is satisfied that the respondent is residing in the United States of America and that the requirements of section 5(4) or (6) or section 9(2) and (4), as the case may be, have been complied with, the court may proceed to hear and determine the application at the time and place appointed for the hearing or for an adjourned hearing as if the respondent had appeared at that time and place.".

     16. —(1) Amend section 18 as follows.

    (2) In subsection (1) —

    (a) in paragraphs (b) and (d), for the words "a reciprocating country" substitute the words "the United States of America";

    (b) in paragraphs (c) and (f), for the words "reciprocating countries" substitute the words "the United States of America"; and

    (c) omit paragraph (e).

     17. —(1) In section 19—

    (a) in paragraphs (a), (b), (c) and (e), for the words "a reciprocating country" substitute the words "the United States of America";

    (b) in paragraph (a), for the words "cases and manner in which courts in", substitute the words "decrees granted or other things done"; and

    (c) omit paragraph (d).

     18. Omit section 20.

     19. —(1) Amend section 21 as follows.

    (2) In subsection (1)—

    (a) in the definition of "certificate of arrears", after the word "officer" insert the words "or , in Scotland, the applicant or his solicitor";

    (b) in the definition of "maintenance order"—

      (i) omit the word "and" where it first occurs; and

      (ii) after paragraph (b) insert—

      " (c) an order within the foregoing provisions of this definition made against a payer on the application of a public body which claims reimbursement of sums of money payable under the order with respect to the payee if reimbursement can be obtained by the public body under the law to which it is subject,";

    (c) omit the definition of "provisional order";

    (d) in the definition of "registered order", insert at the end the words “and "registered" and "registration" shall be construed accordingly“; and

    (e) at the end, insert—

      " "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)"

    (3) Omit subsection (2).

     20. Omit sections 22, 23 and 24.



SCHEDULE 2
Article 4(2)


PART 1 OF THE ACT AS MODIFIED BY SCHEDULE 1


Orders made by courts in the United Kingdom

Orders in Council designating reciprocating countries
     1. —(1) Her Majesty, if satisfied that, in the event of the benefits conferred by this Part of this Act being applied to, or to particular classes of, maintenance orders made by the courts of any country or territory outside the United Kingdom, similar benefits will in that country or territory will be applied to, or to those classes of, maintenance orders made by the courts of the United Kingdom, may by Order in Council designate that country or territory as a reciprocating country for the purposes of this Part of this Act; and, subject to subsection (2) below, in this Part of this Act "reciprocating country" means a country or territory that is for the time being so designated.

    (2) A country or territory may be designated under subsection (1) above as a reciprocating country either as regards maintenance orders generally, or as regards maintenance orders other than those of any specified class, or as regards maintenance orders of one or more specified classes only; and a country or territory which is for the time being so designated otherwise than as regards maintenance orders generally shall for the purposes of this Part of this Act be taken to be a reciprocating country only as regards maintenance orders of the class to which the designation extends.

Transmission of maintenance order made in United Kingdom for enforcement in the United States of America
     2. —(1) Subject to subsection (2) below, where the payer under a maintenance order made, whether before, on or after 1st October 2007, by a court in the United Kingdom is residing or has assets in the United States of America, the payee under the order may apply for the order to be sent to the United States of America for enforcement.

    (2) Subsection (1) above shall not have effect in relation to an order made by virtue of a provision of Part II of this Act.

    (3) Every application under this section shall be made in the prescribed manner to the prescribed officer of the court which made the maintenance order to which the application relates.

    (4) If, on an application duly made under this section to the prescribed officer of a court in the United Kingdom, that officer is satisfied that the payer under the maintenance order to which the application relates is residing or has assets in the United States of America, the following documents, that is to say—

    (a) three certified copies of the maintenance order;

    (b) a certificate signed by that officer certifying that the order is enforceable in the United Kingdom;

    (c) a certificate of arrears so signed or, in Scotland, signed by the applicant or his solicitor;

    (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) a statement giving such information as the officer possesses for facilitating the identification of the payer; and

    (f) where available, a photograph of the payer;

shall be sent by that officer, 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, to the Scottish Ministers, with a view to their being transmitted by him to the responsible authority in the United States of America if he is (or they are) satisfied that the statement relating to the whereabouts of the payer and the nature and location of his assets gives sufficient information to justify that being done.

    (5) Nothing in this section shall be taken as affecting any jurisdiction of a court in the United Kingdom with respect to a maintenance order to which this section applies, and, subject to section 5 below, any such order may be enforced, varied or revoked accordingly.

Variation and revocation of maintenance order made in United Kingdom
     5. —(1) This section applies to a maintenance order certified copies of which have been sent in pursuance of section 2 to the United States of America for enforcement.

    (2) The jurisdiction of a court in the United Kingdom to revoke, revive or vary a maintenance order shall be exercisable notwithstanding that the proceedings for the revocation, revival or variation, as the case may be, of the order are brought by or against a person residing in the United States of America.

    (3A) Where subsection (1) of section 60 of the Magistrates' Courts Act 1980 (revocation, variation, etc of orders for periodical payment) applies in relation to a maintenance order to which this section applies, that subsection shall have effect as if for the words "by order on complaint" there were substituted "on an application being made, by order".

    (3B) Where paragraph (1) of Article 86 of the Magistrates' Courts (Northern Ireland) Order 1981 applies in relation to a maintenance order to which this section applies, that paragraph shall have effect as if for the words "by order on complaint" there were substituted "on an application being made, by order".

    (4) Where an application is made by the payee to a court in the United Kingdom for the variation or revocation of an order to which this section applies, and the payer is residing in the United States of America, the prescribed officer of the court shall—

    (a) in the case of a court in England and Wales or Northern Ireland, send to the Lord Chancellor, or, in the case of a court in Scotland, send to the Scottish Ministers, notice of the institution of the proceedings, including notice of the substance of the application, with a view to its being transmitted by him (or by them) to the responsible authority in the United States of America for service on the payer; and

    (b) give the payer notice in writing of the date fixed for the hearing by sending the notice by post addressed to his last known or usual place of abode.

    (5) Where such an application is made—

    (a) the order shall not be varied or revoked unless the document mentioned in subsection (4)(a) above has been served on the payer in accordance with the law for the service of such a document in the United States of America;

    (b) the court, in considering whether or not to vary or revoke the order, shall take into account any representations made and any evidence adduced by or on behalf of the payer; and

    (c) a copy of any such representations or evidence shall be served on the payee in the prescribed manner before the hearing.

    (6) Where an application is made by the payer to a court in the United Kingdom for the variation or revocation of an order to which this section applies, the prescribed officer of the court shall arrange for the service of notice of institution of the proceedings, including notice of the substance of the application, on the payee.

    (7) Where an order to which this section applies is varied or revoked by a court in the United Kingdom the prescribed officer of the court shall send the following documents, that is to say—

    (a) three certified copies of the order of variation or revocation; and

    (b) a written statement, signed by that officer as to whether both the payer and the payee under the order appeared in the proceedings, and, if only the applicant appeared, the original or a certified copy of a document which establishes that notice of the institution of the proceedings had been served on the other party;

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, to the Scottish Ministers, with a view to their being transmitted by him (or by them) to the appropriate authority in the United States of America for registration and enforcement of the order of variation or revocation.

    (8) Where a maintenance order to which this section applies has been varied by an order made by a court in the United Kingdom, the maintenance order shall, as from the date on which the order of variation took effect, have effect as varied by that order.

    (9) Where a maintenance order to which this section applies has been revoked by an order made by a court in the United Kingdom, the maintenance order shall, as from the date on which the order of revocation took effect, be deemed to have ceased to have effect except in respect of any arrears due under the maintenance order at that date.

    (10) Where an order has been varied or revoked in accordance with subsections (8) or (9) above, unless specifically provided for in the order, any arrears shall continue to be recoverable as if the order for variation or revocation had not been made.

Orders made by courts in the United States of America

Registration in United Kingdom court of maintenance order made in the United States of America
     6. —(1) This section applies to a maintenance order made, whether before, on or after 1st October 2007, by a court in the United States of America.

    (2) Where a certified copy of an order to which this section applies is received by the Lord Chancellor or the Scottish Ministers from the responsible authority in the United States of America, and it appears to him (or to them) that the payer under the order is residing or has assets in the United Kingdom, he (or they) shall send the copy of the order to the prescribed officer of the appropriate court.

    (3) Where the prescribed officer of the appropriate court receives from the Lord Chancellor or the Scottish Ministers a certified copy of an order to which this section applies, the officer shall, subject to subsection (4) below, register the order in the prescribed manner in that court.

    (4) Before registering an order under this section an officer of a court shall take such steps as he thinks fit for the purpose of ascertaining whether the payer under the order is residing or has assets within the jurisdiction of the court, and if after taking those steps the officer is satisfied that the payer is not residing and has no assets within the jurisdiction of the court, the officer shall return the certified copy of the order to the Lord Chancellor or the Scottish Ministers, as the case may be, with a statement giving such information as the officer possesses as to the whereabouts of the payer and the nature and location of his assets.

Enforcement of maintenance order registered in United Kingdom court
     8. —(1) Subject to subsection (2) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

    (2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

    (3) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the appropriate officer of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

    (3A) In subsection (3) above "appropriate officer" means—

    (a) in relation to a magistrates' court in England and Wales, the designated officer for the court;

    (b) in relation to a magistrates' court in Northern Ireland, the collecting officer of the court, being the officer mentioned in Article 85(4) of the Magistrates' Courts (Northern Ireland) Order 1981; and

    (c) in relation to a court elsewhere, the clerk of the court.

    (4) An order which by virtue of this section is enforceable by a magistrates' court shall, subject to the modifications of sections 76 and 93 of the Magistrates' Courts Act 1980 specified in subsections (4A) and (4B) below, and subject to the modifications of Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 specified in subsection (4C) below, be enforceable as if it were a magistrates' courts maintenance order made by that court.

In this subsection "magistrates' court maintenance order" has the same meaning as in section 150(1) of the Magistrates' Courts Act 1980.

    (4A) Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

        " (4) Where proceedings are brought for the enforcement of a magistrates' court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

        (5) The powers of the court are—

      (a) the power to order that payments under the order be made directly to the designated officer for the court or for any other magistrates' court;

      (b) the power to order that payments under the order be made to the designated officer for the court or for any other magistrates' court] by such method of payment falling within section 59(6) above (standing order, etc) as may be specified;

      (c) the power to make an attachment of earnings order under the Attachment of Earnings Act 1971 to secure payments under the order.

        (6) In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).

        (7) Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

        " (a) the court proposes to exercise its power under paragraph (b) of section 76(5) below, and"."

        (4B) In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

        " (b) if the court is of the opinion that it is appropriate—

          (i) to make an attachment of earnings order; or

          (ii) to exercise its power under paragraph (b) of section 76(5) above."

        (4C) Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money) shall have effect—

      (a) as if for paragraph (7)(a) there were substituted the following paragraph—

        " (a) if the court is of the opinion that it is appropriate—

          (i) to make an attachment of earnings order; or

          (ii) to exercise its power under paragraph (8C)(b)“;"

      (b) as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

          " (8B) Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).

          (8C) The powers mentioned in paragraph (8B) are—

        (a) the power to order that payments under the order be made directly to the collecting officer;

        (b) the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc) as may be specified;

        (c) the power to make an attachment of earnings order under Part IX to secure payments under the order.

          (8D) In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).

          (8E) Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

          " (a) the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and"."

          (5) The magistrates' court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing or facilitating the enforcement of the order as may be prescribed.

          (6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.

          (7) Sums of money payable under a registered order shall be payable in accordance with the order as from the date on which the order was made.

          (8) In the application of this section to Scotland—

        (a) subsections (2) to (5) shall be omitted; and

        (b) in subsection (6), for the word "evidence" there shall be substituted the words "sufficient evidence".

      Variation and revocation of maintenance order registered in United Kingdom Court
           9. —(1) Where a registered order has been varied by a court in the United States of America, the registered order shall, as from the date on which the order of variation took effect or 1st October 2007, whichever is the later, have effect as varied by that order.

          (2) Where a registered order has been revoked by a court in the United States of America, the registered order shall, as from the date on which the order of revocation took effect or 1st October 2007, whichever is the later, be deemed to have ceased to have effect.

          (3) Where an order has been varied or revoked in accordance with subsections (1) and (2), above, unless provided for in the order, any arrears due shall continue to be recoverable as if the order for variation or revocation had not been made.

          (4) The prescribed officer of the registering court shall register in the prescribed manner any order varying a registered order.

      Cancellation of registration and transfer of order
           10. —(1) Where a registered order is revoked by an order made by a court in the United States of America and notice of the revocation is received by the registering court, the prescribed officer of the registering court shall cancel the registration; but any arrears due under the registered order at the date on which the order of revocation took effect, shall continue to be recoverable as if the registration had not been cancelled.

          (2) Where the prescribed officer of the registering court is of opinion that the payer under a registered order is not residing within the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced, he shall cancel the registration of the order and, subject to subsection (3) below, shall send the certified copy of the order to the Lord Chancellor.

          (3) Where the prescribed officer of the registering court, being a magistrates' court, is of opinion that the payer is residing or has assets within the jurisdiction of another magistrates' court in that part of the United Kingdom in which the registering court is, he shall transfer the order to that other court by sending the certified copy of the order to the prescribed officer of that other court.

          (4) On the transfer of an order under subsection (3) above the prescribed officer of the court to which it is transferred shall, subject to subsection (6) below, register the order in the prescribed manner in that court.

          (5) Where the certified copy of an order is received by the Lord Chancellor under this section and it appears to him that the payer under the order is residing or has assets in the United Kingdom, he shall transfer the order to the appropriate court by sending the certified copy of the order together with the related documents to the prescribed officer of the appropriate court and, subject to subsection (6) below, that officer shall register the order in the prescribed manner in that court.

          (6) Before registering an order in pursuance of subsection (4) or (5) above an officer of a court shall take such steps as he thinks fit for the purpose of ascertaining whether the payer is residing or has assets within the jurisdiction of the court, and if after taking those steps he is satisfied that the payer is not residing and has no assets within the jurisdiction of the court he shall send the certified copy of the order to the Lord Chancellor.

          (7) The officer of a court who is required by any of the foregoing provisions of this section to send to the Lord Chancellor or to the prescribed officer of another court the certified copy of an order shall send with that copy—

        (a) a certificate of arrears signed by him or, in Scotland, by the applicant or his solicitor;

        (b) a statement giving such information as he possesses as to the whereabouts of the payer and the nature and location of his assets; and

        (c) any relevant documents in his possession relating to the case.

          (8) In the application of this section to Scotland—

        (a) in subsection (2), for the words "within the jurisdiction of that court" there shall be substituted the words "in Scotland";

        (b) subsections (3) and (4) shall be omitted; and

        (c) for the words "Lord Chancellor", in each place where they occur, there shall be substituted the words "Scottish Ministers"; and, for "him" and "he", "them" and "they".

      Steps to be taken by Lord Chancellor or Scottish Ministers where payer under certain orders us not residing in United Kingdom
           11. —(1) If at any time it appears to the Lord Chancellor or the Scottish Ministers that the payer under a maintenance order, a certified copy of which has been received by him from the United States of America, is not residing and has no assets in the United Kingdom, he (or they) shall send to the responsible authority in the United States of America or, if having regard to all the circumstances he thinks (or they think) it proper to do so, to the responsible authority in another reciprocating country—

        (a) the certified copy of the order in question and a certified copy of any order varying that order;

        (b) if the order has at any time been a registered order, a certificate of arrears signed by the prescribed officer or, in Scotland, by the applicant or his solicitor;

        (c) a statement giving such information as the Lord Chancellor possesses, or the Scottish Ministers possess, as to the whereabouts of the payer and the nature and location of his assets; and

        (d) any other relevant documents in his (or their) possession relating to the case.

          (2) Where the documents mentioned in subsection (1) are sent to the responsible authority in a reciprocating country other than that in which the order in question was made, the Lord Chancellor or the Scottish Ministers shall inform the responsible authority in the reciprocating country in which that order was made of what he has (or they have) done.

      Evidence

      Admissibility of evidence given in the United States of America
           13. —(1) A statement contained in—

        (a) a document, duly authenticated, which purports to set out or summarise evidence given in proceedings in a court in the United States of America; or

        (b) a document, duly authenticated, which purports to set out or summarise evidence taken in the United States of America for the purpose of proceedings in a court in the United Kingdom under this Part of this Act, whether in response to a request made by such a court or otherwise; or

        (c) a document, duly authenticated, which purports to have been received in evidence in proceedings in a court in the United States of America or to be a copy of a document so received,

      shall in any proceedings in a court in the United Kingdom relating to a maintenance order to which this Part of this Act applies be admissible as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings.

          (2) A document purporting to set out or summarise evidence given as mentioned in subsection (1)(a) above, or taken as mentioned in subsection (1)(b) above, shall be deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by the judge, magistrate or other person before whom the evidence was given, or, as the case may be, by whom it was taken, to be the original document containing or recording, or, as the case may be, summarising, that evidence or a true copy of that document.

          (3) A document purporting to have been received in evidence as mentioned in subsection (1)(c) above, or to be a copy of a document so received, shall be deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by a judge, magistrate or other person before whom the evidence was given to have been, or to be, a true copy of a document which has been, so received.

          (4) It shall not be necessary in any such proceedings to prove the signature or official position of the person appearing to have given such a certificate.

          (5) Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.

      Obtaining of evidence needed for purpose of certain proceedings
           14. —(1) Where for the purpose of any proceedings in a court in the United States of America relating to a maintenance order to which this Part of this Act applies a request is made by or on behalf of that court for the taking in the United Kingdom of the evidence of a person residing therein relating to matters specified in the request, such court in the United Kingdom as may be prescribed shall have power to take that evidence and, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as it thinks fit, shall take the evidence in such manner as may be prescribed.

      Evidence taken in compliance with such a request shall be sent by the prescribed officer of the court—

        (a) in England and Wales or Northern Ireland, to the Lord Chancellor; or

        (b) in Scotland, to the Scottish Ministers,

      for transmission to the responsible authority in the United States of America.

          (2) Where any person, not being the payer or the payee under the maintenance order to which the proceedings in question relate, is required by virtue of this section to give evidence before a court in the United Kingdom, the court may order that there shall be paid out of moneys provided by Parliament such sums as appear to the court reasonably sufficient to compensate that person for the expense, trouble or loss of time properly incurred in or incidental to his attendance.

          (3) Section 97(1), (3) and (4) of the Magistrates' Courts Act 1980 (which provide for compelling the attendance of witnesses, etc) shall apply in relation to a magistrates' court having power under subsection (1) above to take the evidence of any person as if the proceedings in the court in the United States of America for the purpose of which a request for the taking of the evidence has been made were proceedings in the magistrates' court and had been begun by complaint.

          (4) Paragraphs 71 and 73 of Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (which provide for the citation of witnesses, etc) shall apply in relation to a sheriff having power under subsection (1) above to take the evidence of any person as if the proceedings in the court in the United States of America for the purpose of which a request for the taking of the evidence has been made were proceedings in the sheriff court.

          (5) A court in—

        (a) England and Wales or Northern Ireland may, for the purpose of any proceedings in that court under this Part of this Act relating to a maintenance order to which this Part of this Act applies, send to the Lord Chancellor; or

        (b) Scotland may, for the purpose of such proceedings in that court relating to such an order, send to the Scottish Ministers,

      for transmission to the responsible authority in the United States of America a request for a court in the United States of America to take or provide evidence relating to such matters as may be specified in the request.

          (6) In the application of this section to Northern Ireland, in subsection (3), for the reference to section 97(1), (3) and (4) of the Magistrates' Courts Act 1980 there shall be substituted a reference to Articles 118(1), (3) and (4), 119 and 120 of the Magistrates' Courts (Northern Ireland) Order 1981.

      Order etc. made in the United States of America need not be proved
           15. For the purposes of this Part of this Act, unless the contrary is shown—

        (a) any order made by a court in the United States of America purporting to bear the seal of that court or to be signed by any person in his capacity as a judge or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person;

        (b) the person by whom the order was signed shall be deemed without further proof to have been a judge or officer, as the case may be, of that court when he signed it and, in the case of an officer, to have been authorised to sign it; and

        (c) a document purporting to be a certified copy of an order made by a court in the United States of America shall be deemed without further proof to be such a copy.

        Supplemental

      Payment of sums due under orders made in the United States of America: conversion of money
           16. —(1) Payment of sums due under a registered order shall, while the order is registered in a court in England, Wales or Northern Ireland, be made in such manner and to such person as may be prescribed.

          (2) Where the sums required to be paid under a registered order are expressed in a currency other than the currency of the United Kingdom, then, as from the relevant date, the order shall be treated as if it were an order requiring the payment of such sums in the currency of the United Kingdom as, on the basis of the rate of exchange prevailing at that date, are equivalent to the sums so required to be paid.

          (3) Where the sum specified in any statement, being a statement of the amount of any arrears due under a maintenance order made by a court in the United States of America, is expressed in a currency other than the currency of the United Kingdom, that sum shall be deemed to be such sum in the currency of the United Kingdom as, on the basis of the rate of exchange prevailing at the relevant date, is equivalent to the sum so specified.

          (4) For the purposes of this section a written certificate purporting to be signed by an officer of any bank in the United Kingdom certifying that a specified rate of exchange prevailed between currencies at a specified date and that at such rate a specified sum in the currency of the United Kingdom is equivalent to a specified sum in another specified currency shall be evidence of the rate of exchange so prevailing on that date and of the equivalent sums in terms of the respective currencies.

          (5) In this section "the relevant date" means—

        (a) in relation to a registered order or to a statement of arrears due under a maintenance order made by a court in the United States of America, the date on which the order first becomes a registered order;

        (b) in relation to a registered order which has been varied, the date on which the last order varying that order is registered in the registering court.

          (6) In the application of this section to Scotland—

        (a) subsection (1) shall not apply; and

        (b) in subsection (4), for the word "evidence" there shall be substituted the words "sufficient evidence".

      Proceedings in magistrates' courts
           17. —(4) Anything authorised or required by this Part of this Act to be done by, to or before the magistrates' court by, to or before which any other thing was done may be done by, to or before any magistrates' court acting in the same local justice area (or, in Northern Ireland, acting for the same petty sessions district) as that court.

          (5A) Where the respondent to an application for the variation or revocation of a maintenance order made by a magistrates' court in England and Wales, being an order to which section 5 of this Act applies, is residing in the United States of America, a magistrates' court in England and Wales shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been residing in England and Wales.

          (6) Where the respondent to an application for the variation or revocation of a maintenance order made by a magistrates' court in Northern Ireland, being an order to which section 5 of this Act applies, is residing in the United States of America, a magistrates' court in Northern Ireland shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been residing in Northern Ireland.

          (7) Where the respondent to an application for the variation of a maintenance order made by a magistrates' court, and to which section 5 of this Act applies, does not appear at the time and place appointed for the hearing of the application, but the court is satisfied that the respondent is residing in the United States of America, and that the requirements of section 5(4) or (6) or section 9(2) and (4), as the case may be, have been complied with, the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing as if the respondent had appeared at that time and place.

      Magistrates' courts rules
           18. —(1) Rules of court may make provision with respect to—

        (a) the circumstances in which anything authorised or required by this Part of this Act to be done by, to or before a magistrates' court acting in a particular local justice area or by, to or before an officer of that court may be done by, to or before a magistrates' court acting in such other local justice area as the rules may provide or by, to or before an officer of that court;

        (b) the orders made, or other things done, by a magistrates' court, or an officer of such a court, under this Part of this Act, or by a court in the United States of America, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given;

        (c) the cases and manner in which courts in the United States of America are to be informed of orders made, or other things done, by a magistrates' court under this Part of this Act;

        (d) the cases and manner in which a justices' clerk may take evidence needed for the purpose of proceedings in a court in the United States of America relating to a maintenance order to which this Part of this Act applies;

        (f) the circumstances and manner in which magistrates' courts may for the purposes of this Part of this Act communicate with courts in the United States of America.

          (1A) For the purpose of giving effect to this Part of this Act, rules of court may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (1) above which—

        (a) falls within subsection (2) of section 93 of the Children Act 1989, and

        (b) may be made in relation to relevant proceedings under that section.

          (2) Rules with respect to the matters mentioned in subsection (1) above may be made in accordance with Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 in relation to proceedings or matters in magistrates' courts in Northern Ireland under this Part of this Act.

          (2A) For the purpose of giving effect to this Part of this Act, rules made in accordance with Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (2) above which—

        (a) falls within paragraph (2) of Article 165 of the Children (Northern Ireland) Order 1995, and

        (b) may be made in relation to relevant proceedings under that Article.

      Rules for sheriff court
           19. Without prejudice to the generality of the powers conferred on the Court of Session by section 32 of the Sheriff Courts (Scotland) Act 1971 to regulate by act of sederunt the procedure of the sheriff court, the said powers shall include power—

        (a) to prescribe the decrees granted, or other things done, by the sheriff, or an officer of the sheriff court, under this Part of this Act, or by a court in the United States of America, notice of which is to be given to such persons as the act of sederunt may provide and the manner in which such notice shall be given;

        (b) to provide that evidence needed for the purpose of proceedings in a court in the United States of America relating to a maintenance order to which this Part of this Act applies may, in such cases and manner as the act of sederunt may provide, be taken by a sheriff clerk or sheriff clerk depute;

        (c) to prescribe the cases and manner in which courts in the United States of America are to be informed of decrees granted, or other things done, by the sheriff under this Part of this Act;

        (e) to prescribe the circumstances and manner in which the sheriff may for the purposes of this Part of this Act communicate with courts in the United States of America.

      Interpretation of Part 1
           21. —(1) In this Part of this Act—

        "affiliation order" means an order (however described) adjudging, finding or declaring a person to be the father of a child, whether or not it also provides for the maintenance of the child;

        "the appropriate court", in relation to a person residing or having assets in England and Wales or in Northern Ireland means a magistrates' court, and in relation to a person residing or having assets in Scotland means a sheriff court, within the jurisdiction of which that person is residing or has assets;

        "certificate of arrears", in relation to a maintenance order, means a certificate certifying that the sum specified in the certificate is to the best of the information or belief of the officer or, in Scotland, the applicant or his solicitor giving the certificate the amount of the arrears due under the order at the date of the certificate or, as the case may be, that to the best of his information or belief there are no arrears due thereunder at that date;

        "certified copy", in relation to an order of a court, means a copy of the order certified by the proper officer of the court to be a true copy;

        "court" includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order;

        "maintenance order" means an order (however described) of any of the following descriptions, that is to say—

        (a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the payment of a lump sum or the making of periodical payments towards the maintenance of any person, being a person whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain;

        (aa) an order which has been made in Scotland, on or after the granting of a decree of divorce, for the payment of a periodical allowance by one party to the marriage to the other party;

        (b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth or, where the child has died, of his funeral expenses;

        (c) an order within the foregoing provisions of this definition made against a payer on the application of a public body which claims reimbursement of sums of money payable under the order with respect to the payee if reimbursement can be obtained by the public body under the law to which it is subject,

      and, in the case of a maintenance order which has been varied, means that order as varied;

        "order", as respects Scotland, includes any interlocutor, and any decree or provision contained in an interlocutor;

        "payee", in relation to a maintenance order, means the person entitled to the payments for which the order provides;

        "payer", in relation to a maintenance order, means the person liable to make payments under the order;

        "prescribed", in relation to a magistrates' court in Northern Ireland, means prescribed by rules made in accordance with Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981, and in relation to any other court means prescribed by rules of court;

        "reciprocating country" has the meaning assigned to it by section 1 of this Act;

        "registered order" means a maintenance order which is for the time being registered in a court in the United Kingdom under this Part of this Act and "registered" and "registration" shall be construed accordingly;

        "registering court", in relation to a registered order, means the court in which that order is for the time being registered under this Part of this Act;

        "the responsible authority", in relation to a reciprocating country, means any person who in that country has functions similar to those of the Lord Chancellor under this Part of this Act;

        "revoke" and "revocation" include discharge;

        "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).

          (3) Any reference in this Part of this Act to the payment of money for the maintenance of a child shall be construed as including a reference to the payment of money for the child's education.


      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.

      Notes:

       [1] 1972 c.18; amended by the Northern Ireland Constitution Act 1973 (c.36), Schedule 6; by S.I. 1973/2163; by the Legal Aid Act 1974 (c.4), Schedule 5; by the Evidence (Proceedings in Other Jurisdictions) Act 1975 (c.34), Schedule 1; by the Domestic Proceedings and Magistrates' Courts Act 1978 (c.22), sections 54, 55 and Schedules 2 and 3; by the Magistrates' Courts Act 1980 (c.43), Schedule 7; by S.I. 1980/564, S.I. 1981/228 (NI8) and S.I. 1981/1675 (NI26); by the Civil Jurisdiction and Judgments Act 1982 (c.27), Schedules 11 and 14; by the Legal Aid (Scotland) Act 1986 (c.47), Schedule 3; by the Family Law Reform Act 1987 (c.42), Schedules 2 and 4; by the Maintenance Enforcement Act 1991 (c.17), Schedule 1; by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56), Schedule 1; by S.I. 1992/709, S.I. 1993/1576 (NI6) and S.I. 1995/755 (NI2); by the Access to Justice Act 1999 (c.22), Schedules 13 and 15; and by the Courts Act 2003 (c.39), Schedule 8. There are further amendments to the Act which are not relevant to this Order.back

      [2] 1991 c.48. Section 55 of that Act contains a definition of "child".back

      [3] S.I. 1995/2709, amended by S.I. 2003/776.back

      [4] 1980 c.43; section 60 was amended by the Maintenance Enforcement Act 1991 (c.17), section 4; and by the Courts Act 2003 (c.39), Schedule 8.back


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      Prepared 1 August 2007
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