Explanatory Note
(This note is not part of the Order)
This Order makes amendments to and repeals provisions in primary legislation. These amendments and repeals are consequential for the purposes of, or in consequence of the Family Law (Scotland) Act 2006 (asp 2) (“the Act”).
The main amendments and repeals contained in this Order are as follows:–
(a)the repeal of provisions in section 24(1A) of the Succession (Scotland) Act 1964 and section 21(1) of the Foster Children (Scotland) Act 1984 in consequence of the abolition of the status of illegitimacy of section 21 of the Act (articles 2 and 7);
(b)the amendment of section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 in consequence of the abolition of the status of illegitimacy (article 3);
(c)the amendment of section 8(2)(a) and (2A)(a) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and section 108(2)(a) and (3)(a) of the Civil Partnership Act 2004 makes similar provision to the amendments made by section 6 and paragraph 5(b) of Schedule 1 to the Act to section 6(3)(e) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and section 106(3)(e) of the Civil Partnership Act 2004 (articles 5 and 9); and
(d)the amendment of section 12A of the Family Law (Scotland) Act 1985 makes further provision in relation to the implementation of court orders granted under that section which are affected by the operation of the Pensions Act 2004.