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The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012

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This is the original version (as it was originally made).

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3.—(1) Subject to sub-paragraphs (2) to (4), the information to be supplied under paragraph 1 is—

(a)the address of the debtor or of the creditor;

(b)details of the debtor’s income;

(c)the identity and contact details of the debtor’s employer;

(d)details of any deposit account or withdrawable share account that the debtor holds with a deposit-taker;

(e)details of the debtor’s assets.

(2) Where the application to which the request relates is for establishment or modification of a maintenance obligation, the Central Authority may only request the address of the debtor or of the creditor.

(3) The information at sub-paragraph (1)(e) may not be requested unless the information at sub-paragraphs (1)(b) to (d) is insufficient to enable enforcement of the maintenance obligation.

(4) Where the application to which the request relates is for a specific measure in accordance with paragraph 2(2)(a), the information in sub-paragraph (1)(b), (d) and (e)—

(a)shall consist only of an indication as to whether the debtor has income or assets in England and Wales, Scotland or Northern Ireland (as the case may be); and

(b)shall be supplied only if the creditor produces to the Central Authority a copy of the maintenance obligation or an abstract from it together with the document required by Article 25(1)(b) or Article 30(3)(b), as appropriate, stating that it is enforceable in the Contracting State in which it was made,

and no information may be supplied in relation to the identity and contact details of the debtor’s employer.

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