Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/2709

1995No. 2709

MAINTENANCE OF DEPENDANTS

The Reciprocal Enforcement of Maintenance Orders (United

States of America) Order 1995

18thOctober1995

30thOctober1995

1stDecember1995

At the Court at Buckingham Palace, the 18th day of October

1995

Present,

The Queen's Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that arrangements have been made in the States of the United States of America specified in Schedule 1 to this Order to ensure that maintenance orders made by courts in the United Kingdom can be enforced there:

And whereas Her Majesty is satisfied that in the interest of reciprocity it is desirable to ensure that maintenance orders made by courts in those States can be enforced in the United Kingdom:

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

1. This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 and shall come into force on 1st December 1995.

2. In this Order, unless the context otherwise requires-

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

"specified State" means a State specified in Schedule 1 to this Order.

3. The provisions of Part I of the Act shall apply, with the exceptions, adaptations, and modifications specified in Schedule 2 to this Order, to maintenance orders made by courts in the United Kingdom and to maintenance orders made by courts in a specified

(a) 1972 c.18; section 40 was amended by the Civil Jurisdiction and Judgements Act 1982 (c.27), Schedules 11 and 14.

(b) As amended by the Affiliation Proceedings (Amendment) Act 1972 (c.49), section 3; by the Domestic Proceedings and Magistrates' Courts Act 1978 (c.22), sections 54 and 55 and Schedules 2 and 3; by the Magistrates' Courts Act 1980 (c.43), Schedule 7; by S.I. 1981/1675 (N.I.26); by the Criminal Justice Act 1982 (c.48), section 46; by the Civil Jurisdiction and Judgements Act 1982, Schedules 11 and 12; by the Family Law Reform Act 1987 (c.42), Schedules 2 and 4; by the Maintenance Enforcement Act 1991 (c.17), Schedule 1; by S.I. 1992/709 and by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56), Schedule. There are further amendments to the Act which are not relevant to this Order.

State, and accordingly Part I of the Act shall, in relation to such orders, have effect as set out in Schedule 3 to this Order.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE 1

Article 2

SPECIFIED STATES

Alaska

Arizona

Arkansas

California

Connecticut

Delaware

Florida

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Minnesota

Missouri

Montana

Nebraska

Nevada

New Jersey

New York

North Carolina

North Dakota

Oklahoma

Oregon

Pennsylvania

South Dakota

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

SCHEDULE 2

Article 3

MODIFICATIONS TO PART I OF THE ACT

1. Section 1 shall not apply.

2.-(1) Section 2 shall be amended as follows.

(2) In subsection (1)-

(a) for the words "before or after the commencement of this Part of this Act" there shall be substituted the words "before, on or after 1st December 1995";(b) for the words "reciprocating country" there shall be substituted the words "specified State"; and(c) for the word "country" there shall be substituted the word "State".

(3) In subsection (2)-

(a) the words "a provisional order or to" shall be omitted; and(b) after the word "Act" there shall be added the words "as applied to a specified State by the Recovery of Maintenance (United States of America) Order 1993 ( a)".

(4) In subsection (4)-

(a) for the words "reciprocating country" where they first occur there shall be substituted the words "specified State";(b) in paragraph (a), for the words "a certified copy" there shall be substituted the words "three certified copies";(c) in paragraph (c), at the end there shall be inserted the words "or, in Scotland, signed by the applicant or his solicitor";(d) for paragraph (d) there shall be substituted-"(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) after the words "that officer" where they last occur there shall be inserted the words ", 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,";(f) for the words "Secretary of State" in the second place where they occur, there shall be substituted the word "him"; and(g) for the words "responsible authority in the reciprocating country" there shall be substituted the words "appropriate authority in the specified State".

(5) In subsection (5), after the word "and" there shall be inserted the words ", subject to section 5 below,".

3. Sections 3 and 4 shall not apply.

4. For section 5 there shall be substituted-

"5.-(1) This section applies to a maintenance order certified copies of which have been sent in pursuance of section 2 to a specified State 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 a specified State.

(3) Where subsection (1) of section 60 of the Magistrates' Courts Act 1980 ( b) (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".

(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 a specified State, 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

(a) S.I. 1993/591.

(b) 1980 c.43; section 60(1) was substituted by section 4 of the Maintenance Enforcement Act 1991 (c.17).

Chancellor, or, in the case of a court in Scotland, send to the Secretary of State, notice of the institution of the proceedings, including notice of the substance of the application, with a view to its being transmitted to the appropriate authority in the specified State 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 specified State;(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 Secretary of State, with a view to their being transmitted by him to the appropriate authority in the specified State 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 or by a court in a specified State, 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 or by a court in a specified State, 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 a maintenance order to which this section applies has been varied or revoked by an order made by a court in a specified State, the prescribed officer of the court shall register the order of variation or revocation in the prescribed manner.".

5.-(1) Section 6 shall be amended as follows.

(2) For subsection (1) there shall be substituted-

"(1) This section applies to a maintenance order made, whether before, on or after 1st December 1995, by a court in a specified State.".

(3) In subsection (2)-

(a) after the words "received by" there shall be inserted the words "the Lord Chancellor or";(b) for the words...

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