# The Family Proceedings (Amendment) Rules 1996, Article 8: Amendments in respect of Proceedings under the Maintenance Orders (Reciprocal Enforcement) Act 1972


After rule 7.38, there shall be inserted the following new rule—
“Application of rules 7.30 to 7.36 to a Specified State of the United States of America
7.39 (1) In this rule unless the context otherwise requires—
“specified State” means a State of the United States of America specified in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995.
(2) In relation to a specified State, rules 7.30, 7.31, 7.34, 7.35 and 7.36 shall have effect subject to the provisions of this rule, but rules 7.32 and 7.33 shall not apply.
(3) A reference to the Act of 1972 in this rule, and in any rule which has effect in relation to a specified State by virtue of this rule, shall be a reference to the said Act as modified by Schedule 3 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995.
(4) A reference in rules 7.31 and 7.34 to a reciprocating country shall be construed as a reference to a specified State.
(5) Paragraph (c) of rule 7.31 shall not apply to a specified State.
(6) The following paragraphs shall be inserted after paragraph (a)(ii) of rule 7.31—
“(iii) the address of the payee;
(iv) such information as is known as to the whereabouts of the payer; and
(v) a description, so far as is known, of the nature and location of any assets of the payer available for execution.”.
(7) A reference in paragraph (b) of rule 7.31 to a certified copy shall be construed as a reference to 3 certified copies.
(8) In relation to a specified State the following rules shall apply in place of rules 7.35 and 7.36—
“Notification of variation of revocation
7.35 Where the court makes an order varying or revoking a maintenance order to which section 5 of the Act of 1972, as modified, applies, the proper officer shall send to the Secretary of State such documents as are required by subsection (7) of that section, as it applies to specified States.
Transmission of documents
7.36 Any document required to be sent to a court in a specified State shall be sent to the Secretary of State for transmission to the court.”.”

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Source: https://www.legislation.gov.uk/uksi/1996/816/article/8 (the official version)
Page: https://openlegislation.uk/family-proceedings-amendment-rules-1996/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

