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The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995

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Registration in United Kingdom court of maintenance order made in a specified State.

6.—(1) This section applies to a maintenance order made, whether before, on or after 1st December 1995, by a court in a specified State.

(2) Where a certified copy of an order to which this section applies is received by the Lord Chancellor or the Secretary of State from the appropriate authority in a specified State, and it appears to him that the payer under the order is residing or has assets in the United Kingdom, he shall send the copy of the order to the prescribed officer of the appropriate court.

(3) Where the prescribed officer of the appropriate court receives from the Lord Chancellor or the Secretary of State a certified copy of an order to which this section applies, he shall, subject to subsection (4) below, register the order in the prescribed manner in that court.

(4) Before registering an order under this section an officer of a court shall take such steps as he thinks fit for the purpose of ascertaining whether the payer under the order is residing or has assets within the jurisdiction of the court, and if after taking those steps he is satisfied that the payer is not residing and has no assets within the jurisdiction of the court he shall return the certified copy of the order to the Lord Chancellor or the Secretary of State, as the case may be, with a statement giving such information as he possesses as to the whereabouts of the payer and the nature and location of his assets.

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