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The Recovery of Maintenance (United States of America) Order 1993

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1.—(1) This Order may be cited as the Recovery of Maintenance (United States of America) Order 1993.

(2) This Order shall come into force on 5th April 1993.

2.  In this Order, unless the context otherwise requires—

“the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972(1);

“specified State” means a State specified in the Schedule to this Order.

3.—(1) The provisions of Part II of the Act shall apply in relation to a specified State as they apply in relation to a convention country, subject to the modification set out in paragraph (2) below.

(2) After section 26(3) of the Act there shall be inserted:—

“(3A) An application under subsection (1) or (2) above, for the purpose of recovering maintenance from a person in a specified State within the meaning of the Recovery of Maintenance (United States of America) Order 1993, and a certificate signed by a justice of the peace or, where the applicant is residing in Scotland, the sheriff, to the effect that the application sets forthfacts from which it may be determined that the repondent owes a duty to maintain the applicant and any other person named in the application and that a court in the specified State may obtain jurisdiction of the respondent or his property, shall be registered in the court in the prescribed manner by the appropriate officer or, in Scotland, by the sheriff clerk in the Maintenance Orders (Reciprocal Enforcement) Act 1972 register.”.

4.  The following orders are hereby revoked:

(a)the Recovery of Maintenance (United States of America) 1979(2);

(b)the Recovery Abroad of Maintenance (United States of America) Order 1981(3); and

(c)the Recovery of Maintenance (United States of America) (Variation) Order 1984(4).

N. H. Nicholls

Clerk of the Privy Council

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