Explanatory note

This Order specifies the circumstances in which a Scottish court will continue to have jurisdiction to make a maintenance order in relation to a child even though a child support officer has jurisdiction to make a maintenance assessment for that child under the Child Support Act 1991. It enables persons who have entered into a maintenance agreement (whether or not registered for execution in the books of Council and Session) to which a court has not interponed authority to have a maintenance order made by the court in the same terms as their agreement. Such an order if made under the Family Law (Scotland) Act 1985 or any other prescribed enactment can be taken into account in the calculation of “income” under the Maintenance Assessment and Special Cases Regulations 1992 (S.I. No 1815).