28 Power of Secretary of State to initiate or defend actions of declarator: Scotland.S
[F1(1)Subsection (1A) applies in any case where—
(a)an application for a [F2maintenance calculation] has been made F3... , or a [F2maintenance calculation] is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application [F4was made F3... or the calculation was made]; and
(b)[F5the Secretary of State] is not satisfied that the case falls within one of those set out in section 26(2).
(1A)In any case where this subsection applies, the Secretary of State may bring an action for declarator of parentage under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986.]
(2)The Secretary of State may defend an action for declarator of non-parentage or illegitimacy brought by a person named as the alleged parent in an application for a [F2maintenance calculation] [F6or in a [F2maintenance calculation] which is in force].
(3)This section applies to Scotland only.
Textual Amendments
F1S. 28(1)(1A) substituted for s. 28(1) (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(6), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F2Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F3Words in s. 28(1)(a) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
F4Words in s. 28(1)(a) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(10)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F5Words in s. 28(1) substituted (1.6.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 33; S.I. 1999/1510, art. 2(g)(iii)
F6Words in s. 28(2) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 20(7), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1