Statutory Instrument 1995 No. 3345 (S.247)

Act of Sederunt (Reciprocal Enforcement of Maintenance Orders) (United States of America) 1995

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© Crown Copyright 1995

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1995 No. 3345 (S.247)

COURT OF SESSION, SCOTLAND

SHERIFF COURT, SCOTLAND

Act of Sederunt (Reciprocal Enforcement of Maintenance Orders) (United States of America) 1995

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 5 of the Court of Session Act 1988^[1] and section 32 of the Sheriff Courts (Scotland) Act 1971^[2] as read with section 19 of the Maintenance Orders (Reciprocal Enforcement) Act 1972^[3] as amended by the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995^[4] and of all other powers enabling them in that behalf, after consultation with the Sheriff Court Rules Council do hereby enact and declare—

Citation and commencement
    1.—(1)  This Act of Sederunt may be cited as the Act of Sederunt (Reciprocal Enforcement of Maintenance Orders) (United States of America) 1995 and shall come into force on 8th January 1996.

    (2)  This Act of Sederunt shall be inserted in the Books of Sederunt.

Interpretation
    2.    In this Act of Sederunt unless the context otherwise requires:—
"the Act of 1972" means the Maintenance Orders (Reciprocal Enforcement) Act 1972 as amended by the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995;


"court in a specified state" includes any judicial or administrative authority in a specified state;


"Deputy Principal Clerk" means the Deputy Principal Clerk of the Court of Session;


"register" means the register referred to in rule 13(1) of the Act of Sederunt (Maintenance Orders (Reciprocal Enforcement) Act 1972 Rules) 1974^[5];


"sheriff clerk" includes the sheriff clerk depute;


"specified state" means a state specified in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995.

Application
    3.—(1)  The provisions of Part II of this Act of Sederunt shall apply for the purposes of the Act of 1972 to orders made by the Court of Session.

    (2)  The provisions of Part III of this Act of Sederunt shall apply for the purposes of the Act of 1972 to orders made by or registered in the sheriff court.

Prescribed officer
    4.—(1)  For the purposes of Part I of the Act of 1972, the prescribed officer shall be—
 (a) in relation to the Court of Session, the Deputy Principal Clerk;
 (b) in relation to the sheriff court, the sheriff clerk.

    (2)  For the purposes of the Act of 1972, the prescribed manner of communication by the Deputy Principal Clerk and the sheriff clerk shall be—
 (a) to an address within the United Kingdom, by recorded delivery letter;
 (b) to any other address, by air mail letter.

[1] 1988 c. 36; section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(3). back

[2] 1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4), and by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2). back

[3] 1972 c. 18. back

[4] S.I. 1995/2709. back

[5] S.I. 1974/939; to which there are amendments not relevant to this Act of Sederunt. back

Explanatory Note