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 19804(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)
(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)
(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)
(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)
(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)
(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...
