The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012

The Debtors (Scotland) Act 1987

1.—(1) The Debtors (Scotland) Act 1987(1) is amended as follows.

(2) In section 54 (current maintenance arrestment to be preceded by default)—

(a) in subsection (1)(a)(ii), for “or (h)” substitute “, (h) or (k)”; and

(b) in subsection (2)(a), for “or (ga)” substitute “, (ga) or (k)”.

(3) In section 55 (review and termination of current maintenance arrestment), in subsection (9), for “or (ga)” substitute “, (ga) or (k)”.

(4) In section 66 (recall and variation of conjoined arrestment order), in subsection (5), for “or (ga)” substitute “, (ga) or (k)”.

(5) In section 73 (interpretation of Part 3), in subsection (1), in the definition of “decree or other document”—

(a) at the end of paragraph (d), omit “or”; and

(b) after paragraph (e) insert—

“(f) a court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which is—

(i) registered in the sheriff court under the 2011 Regulations; or

(ii) otherwise enforceable in Scotland by virtue of the Maintenance Regulation and the 2011 Regulations; or

(g) a maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention,”.

(6) In section 73A (arrestment and action of furthcoming to proceed only on decree or document of debt), in subsection (4)—

(a) in the definition of “decree”, omit paragraph (da); and

(b) in the definition of “document of debt”—

(i) at the end of paragraph (a), omit “or”;

(ii) after paragraph (b) insert—

“(c) a court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which is—

(i) registered in the sheriff court under the 2011 Regulations; or

(ii) otherwise enforceable in Scotland by virtue of the Maintenance Regulation and the 2011 Regulations; or

(d) a maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention,”; and

(iii) for “being a document or settlement”, substitute “being a document, settlement, instrument or arrangement”.

(7) In section 106 (interpretation)—

(a) before the definition of “current maintenance”, insert—

““the 2011 Regulations” means the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484);”;

(b) after the definition of “enactment”, insert—

““the Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;”;

(c) in the definition of “maintenance order”—

(i) in paragraph (aa) for “Civil Jurisdiction and Judgments (Maintenance) Regulations 2011” substitute “2011 Regulations”;

(ii) in paragraph (ga) for “Civil Jurisdiction and Judgments (Maintenance) Regulations 2011” substitute “2011 Regulations”;

(iii) at the end of paragraph (h), omit “or”; and

(iv) after paragraph (j) insert—

“; or

(k) a maintenance decision (within the meaning of regulation 2 of the International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301) or maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention.”.

(1)

1987 c.18.