The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (United States of America) Rules 1995

Application of the 1980 Rules

3.  Rules 2 to 12 of and Schedule 1A to the 1980 Rules shall apply in respect of the matters which are to be prescribed under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972(1) as set out in Schedule 3 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995(2) as if—

(a) for the reference in rule 2 to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Order 1979(3) there were substituted a reference to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (United States of America) Order 1995;

(b) for rule 4(2)(b) there were substituted the following—

“(b) contain a sworn statement signed by the payee giving the following information—

(i) the address of the payee;

(ii) such information as is known as to the whereabouts of the payer; and

(iii) a description, so far as is known, of the nature and location of any assets of the payer available for execution;”;

(c) rules 4A(1)(a) and 4B(2)(a) were omitted;

(d) for the reference to section 5(4)(b) of the Act in rule 6 there were substituted a reference to rule 5(5)(c);

(e) rule 7 were omitted;

(f) for references in rules 4, 9, 11 and 12 to “Hague Convention country”, wherever they appear, there were substituted references to “specified State”.

(1)

1972 c. 18.

(2)

S.I. 1995/2709.

(3)

S.I. 1979/1317 which, together with various amending instruments was revoked and replaced by S.I. 1993/593.