Recovery of Maintenance (United States of America) Order 1993

JurisdictionUK Non-devolved
CitationSI 1993/591

1993 No.591

MAINTENANCE OF DEPENDANTS

The Recovery of Maintenance (United States of America) Order 1993

Made 10th March 1993

Laid before Parliament 12th March 1993

Coming into force 5th April 1993

At the Court at Buckingham Palace the 10th day of March 1993

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 the Schedule to this Order to ensure that applications by persons in the United Kingdom for the recovery of maintenance from persons in those States can be entertained by courts in those States:

And whereas Her Majesty is satisfied that in the interest of reciprocity it is desirable to ensure that applications by persons in those States for the recovery of maintenance from persons in the United Kingdom can be entertained by courts in the United Kingdom:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 40 and 45(1) of the Maintenance Orders (Reciprocal Enforcement) Act 19721, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

S-1 This Order may be cited as the Recovery of Maintenance (United...

1.—(1) This Order may be cited as the Recovery of Maintenance (United States of America) Order 1993.

(2) This Order shall come into force on 5th April 1993.

S-2 In this Order, unless the context otherwise requires— “ the Act...

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

“the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 19722;

“specified State” means a State specified in the Schedule to this Order.

S-3 The provisions of Part II of the Act shall apply in relation...

3.—(1) The provisions of Part II of the Act shall apply in relation to a specified State as they apply in relation to a convention country, subject to the modification set out in paragraph (2) below.

(2) After section 26(3) of the Act there shall be inserted:—

S-3A

“3A An application under subsection (1) or (2) above, for the purpose of recovering maintenance from a person in a specified State within the meaning of the Recovery of Maintenance (United States of America) Order 1993, and a certificate signed by a justice of the peace or, where the applicant is residing in Scotland, the sheriff, to the effect that the application sets forthfacts from which it may be determined that the repondent owes a duty to maintain the applicant and any other person named in the application and that a court in the specified State may obtain jurisdiction of the respondent or his property, shall be registered in the court in the prescribed manner by the appropriate officer or, in Scotland, by the sheriff clerk in the Maintenance Orders (Reciprocal Enforcement) Act 1972 register.”.

S-4 The following orders are hereby revoked: the Recovery of...

4. The following orders are hereby revoked:

(a) the Recovery of Maintenance (United States of America) 19793;

(b) the Recovery Abroad of Maintenance (United States of America) Order 19814; and

(c) the Recovery of Maintenance (United States of America) (Variation) Order 19845.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE

Article 2

SCHEDULE

Specified States

Alaska

Montana

Arizona

Nebraska

Arkansas

Nevada

California

New Hampshire

Colorado

New Jersey

Connecticut

New Mexico

Delaware

New York

Florida

North Carolina

Georgia

North Dakota

Hawaii

Ohio

Idaho

Oklahoma

Illinois

O...

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