Reviews and appeals

28 Power of F7Secretary of State to initiate or defend actions of declarator: Scotland.

F11

Subsection (1A) applies in any case where—

a

an application for a F5maintenance calculation has been made F6... , or a F5maintenance 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 F6... or the calculation was made; and

b

F3the F8Secretary 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 F10Secretary 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 F9Secretary 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 F5maintenance calculationF2or in a F5maintenance calculation which is in force.

3

This section applies to Scotland only.