The basic principles

7 Right of child in Scotland to apply for F1calculation.

(1)

A qualifying child who has attained the age of 12 years and who is habitually resident in Scotland may apply to the F2Commission for a F3maintenance calculation to be made with respect to him if—

(a)

no such application has been made by a person who is, with respect to that child, a person with care or F4a non-resident parent; F5...

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

An application made under subsection (1) shall authorise the F6Commission to make a F3maintenance calculation with respect to any other children of the F4non-resident parent who are qualifying children in the care of the same person as the child making the application.

(3)

Where a F3maintenance calculation has been made in response to an application under this section the F7Commission may, if the person with care, the F4non-resident parent with respect to whom the F1calculation was made or the child concerned applies to F8it under this subsection, arrange for—

(a)

the collection of the child support maintenance payable in accordance with the F1calculation;

(b)

the enforcement of the obligation to pay child support maintenance in accordance with the F1calculation.

(4)

Where an application under subsection (3) for the enforcement of the obligation mentioned in subsection (3)(b) authorises the F9Commission to take steps to enforce that obligation whenever F10it considers it necessary to do so, the F9Commission may act accordingly.

(5)

Where a child has asked the F11Commission to proceed under this section, the person with care of the child, the F4non-resident parent and the child concerned shall, so far as they reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the F11Commission F12... being provided with the information which is required to enable—

(a)

the F4non-resident parent to be traced (where that is necessary);

(b)

the amount of child support maintenance payable by the F4non-resident parent to be assessed; and

(c)

that amount to be recovered from the F4non-resident parent.

(6)

The child who has made the application (but not the person having care of him) may at any time request the F13Commission to cease acting under this section.

(7)

It shall be the duty of the F14Commission to comply with any request made under subsection (6) (but subject to any regulations made under subsection (9)).

(8)

The obligation to provide information which is imposed by subsection (5)—

(a)

shall not apply in such circumstances as may be prescribed by the Secretary of State; and

(b)

may, in such circumstances as may be so prescribed, be waived by the F15Commission.

(9)

The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section.

F16(10)

No application may be made at any time under this section by a qualifying child if

F17(a)

there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order F18made before a prescribed date, in respect of that child and the person who is, at that time, the F4non-resident parent F19or

(b)

a maintenance order made on or after the date prescribed for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was madeF20; or

(c)

a maintenance agreement—

(i)

made on or after the date prescribed for the purposes of paragraph (a); and

(ii)

registered for execution in the Books of Council and Session or the sheriff court books,

is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made.