Scope – devolved competence
3. This Order applies in respect of a maintenance order unless the Secretary of State would have had jurisdiction(1) to make a maintenance calculation (within the meaning of the Child Support Act 1991) as regards that maintenance with respect to a child–
(a)who is a payee under the maintenance order; or
(b)where a payee under the maintenance order is another person in relation to whom the Secretary of State has arranged for the collection of payments for that child’s benefit.
See section 44 of the Child Support Act 1991 (c. 48). The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 (S.I. 2007/2005) (“the UK Order”), which applies throughout the United Kingdom, includes provision in relation to the Scottish courts equivalent to this Order for maintenance orders outwith the scope of this Order.