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

The Debt Arrangement and Attachment (Scotland) Act 2002

2.—(1) The Debt Arrangement and Attachment (Scotland) Act 2002(1) is amended as follows.

(2) In section 10 (attachment), in subsection (5)—

(a) before the definition of “debt advice and information package” insert—

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

(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 of the Hague Convention) which is registered in the sheriff court under the Hague Convention,”; and

(c) for “being a document, bill or settlement”, substitute “being a document, bill, settlement, instrument or arrangement”; and

(d) after the definition of “document of debt” 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; and

“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.”.

(1)

2002 asp 17.