Scottish Statutory Instrument 2000 No. 388

Act of Sederunt (Child Care and Maintenance Rules) Amendment 2000

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(a) after the definition of "Court in a Hague Convention Country" insert the following:-

" "court in a specified state" includes any judicial or administrative authority in a specified state;";

(b) at the end of the definition of "reciprocating country" omit the word "and"; and

(c) after the definition of "the Registrar" insert the following:-

" ; and
"specified state" means a state specified in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995[4].".

    (3) In Part III, after rule 5.16 insert the following:-

" Application for transmission of order for enforcement in a specified state in the USA
     5.16A.  - (1) An application for the transmission of a maintenance order to a court in a specified state in the United States of America for registration and enforcement shall be made by letter addressed to the sheriff clerk.

    (2) There shall be lodged with any such application-


(a) three certified copies of the maintenance order;

(b) a certificate of arrears signed by the applicant or his solicitor;

(c) a sworn statement signed by the payee-


(i) giving the address of the payee;

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

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



(d) a statement signed by the applicant giving such information as the applicant possesses for facilitating the identification of the payer including a photograph if available.".

Revocation
     3. Part III of the Act of Sederunt (Reciprocal Enforcement of Maintenance Orders) (United States of America) 1995[5] is revoked.


RODGER OF EARLSFERRY
Lord President I.P.D.

Edinburgh
3rd November 2000

[2] 1972 c.18; section 19 was amended by S.I. 1995/2709.back

[3] S.I. 1997/291.back

[4] S.I. 1995/2709.back

[5] S.I. 1995/3345.back