Reviews and appeals

28 Power of Secretary of State to initiate or defend actions of declarator: Scotland.

F1(1)

Subsection (1A) applies in any case where—

(a)

an application for a F2maintenance calculation has been made F3or treated as made, or a F2maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application F4was made or treated as made or the calculation was made; and

(b)

F5the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2).

(1A)

In any case where this subsection applies, the Secretary of State may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.

(2)

The Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a F2maintenance calculation F6or in a F2maintenance calculation which is in force.

(3)

This section applies to Scotland only.