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The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993
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4.—(1) Section 4 shall be amended as follows.U.K.
(2) For subsection (1) there shall be substituted the following subsections–
“(1) The sheriff shall have jurisdiction in any action to which this section applies if at the time when the proceedings were instituted–
(a)the pursuer is habitually resident in Scotland and resides within the jurisdiction of the sheriff; and
(b)the sheriff is satisfied that, to the best of the information or belief of the pursuer, the defender is residing in a Hague Convention country; and
(c)the sheriff would not, apart from this subsection, have jurisdiction in that action.
(2) This section applies to any action for the payment, variation or revocation of aliment which is competent in the sheriff court, and includes an action of affiliation and aliment, but does not include an action of separation and aliment or adherence and aliment, or any action containing a crave for the custody of a child.”.
(3) In subsection (3), for the words “referred to in” there shall be substituted “in which the sheriff has jurisdiction by virtue of”.
(4) For subsection (4) there shall be substituted–
“(4) In any action in which the sheriff has jurisdiction by virtue of subsection (1) above, no decree shall be granted in favour of the pursuer unless a copy of the initial writ or summons has been served on the defender in the prescribed manner and in sufficient time to enable him to arrange for his defence.”.
(5) Subsections (5) and (6) shall be omitted.
Commencement Information
I1Sch. 2 para. 4 in force at 5.4.1993, see art. 1
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