Child Support (Amendments to Primary Legislation) (Scotland) Order 1993

JurisdictionUK Non-devolved
CitationSI 1993/660

1993 No. 660 (S.98)

FAMILY LAWCHILD SUPPORT

The Child Support (Amendments to Primary Legislation) (Scotland) Order 1993

Made 11th March 1993

Laid before Parliament 15th March 1993

Coming into force 5th April 1993

The Secretary of State, in exercise of the powers conferred on him by section 58(7) of the Child Support Act 19911and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Child Support (Amendments to Primary Legislation) (Scotland) Order 1993 and shall come into force on 5th April 1993.

S-2 Amendment of Family Law (Scotland) Act 1985

Amendment of Family Law (Scotland) Act 1985

2.—(1) The Family Law (Scotland) Act 19852shall be amended as follows.

(2) In section 5 (variation or recall of decree of aliment), after subsection (1) there shall be inserted—

S-1A

“1A Without prejudice to the generality of subsection (1) above, the making of a maintenance assessment with respect to a child for whom the decree of aliment was granted is a material change of circumstances for the purposes of that subsection.”.

(3) In section 7 (agreements on aliment), after subsection (2) there shall be inserted—

S-2A

“2A Without prejudice to the generality of subsection (2) above, the making of a maintenance assessment with respect to a child to whom or for whose benefit aliment is payable under such an agreement is a material change of circumstances for the purposes of that sub section.”.

(4) In section 13 (orders for periodical allowance), after subsection (4) there shall be inserted—

S-4A

“4A Without prejudice to the generality of subsection (4) above, the making of a maintenance assessment with respect to a child who has his home with a person to whom the periodical allowance is made (being a child to whom the person making the allowance has an obligation of aliment) is a material change of circumstances for the purposes of that subsection.”.

(5) In section 16(3) (agreements on financial provision)—

(a)

(a) the word “or” at the end of paragraph (b) shall be deleted; and

(b)

(b) after paragraph (c) there shall be inserted—

“; or

(a) by virtue of the making of a maintenance assessment, child support maintenance has become payable by either party to the agreement with respect to a child to whom or for whose benefit periodical allowance is paid under that agreement,”.

(6) In...

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