Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021

Amendment of the Ordinary Cause Rules 1993

3.—(1) The Ordinary Cause Rules 1993(1) are amended in accordance with this paragraph.

(2) In rule 33.2(2)(b)(v) (averments in certain family actions about other proceedings)(2) omit “or Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 concerning the jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility(3)”.

(3) For rule 33.96(1) (action of declarator in relation to certain foreign decrees)(4), substitute—

“(1) This rule applies to an action for declarator of recognition, or non-recognition, of a decree of divorce, nullity or separation granted outwith the United Kingdom, the Channel Islands or the Isle of Man.”.

(4) In Appendix 1 (forms)—

(a) in Form F31 (form of simplified divorce application under section 1(2)(d) of the Divorce (Scotland) Act 1976)(5), in Part 1, for paragraph 3 (jurisdiction), substitute—

“

”

(b) in Form F33 (form of simplified divorce application under section 1(2)(e) of the Divorce (Scotland) Act 1976)(6)—

(i) in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;

(ii) in Part 1, for paragraph 5 (jurisdiction), substitute—

“

”

(c) in Form F33A (form of simplified divorce application under section 1(1)(b) of the Divorce (Scotland) Act 1976)(7)—

(i) in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;

(ii) in Part 1, for paragraph 5 (jurisdiction), substitute–

“

”

(d) in Form CP29 (form of simplified dissolution of civil partnership application under section 117(3)(c) of the Civil Partnership Act 2004)(8), in Part 1, for paragraph 3 (jurisdiction), substitute—

“

”

(e) in Form CP30 (form of simplified dissolution of civil partnership application under section 117(3)(d) of the Civil Partnership Act 2004)(9)—

(i) in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;

(ii) in Part 1, for paragraph 5 (jurisdiction), substitute—

“

”

(f) in Form CP31 (form of simplified dissolution of a civil partnership application on grounds under section 117(2)(b) of the Civil Partnership Act 2004)(10)—

(i) in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;

(ii) in Part 1, for paragraph 5 (jurisdiction), substitute—

“

”

(1)

The Ordinary Cause Rules are in schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and last amended by S.I. 2020/942.

(2)

Rule 33.2(2)(b)(v) was relevantly amended by S.S.I. 2006/207.

(3)

O.J. No. L 38, 23.12.2003, p.1.

(4)

Rule 33.96(1) was inserted by S.S.I. 2010/416 and amended by S.S.I. 2014/302.

(5)

Form F31 was last amended by S.S.I. 2017/132.

(6)

Form F33 was last amended by S.S.I. 2017/132.

(7)

Form F33A was inserted by S.S.I. 2006/207 and last amended by S.S.I. 2017/132.

(8)

Form CP29 was inserted by S.S.I. 2005/638 and last amended by S.S.I. 2017/132.

(9)

Form CP30 was inserted by S.S.I. 2005/638 and last amended by S.S.I. 2017/132.

(10)

Form CP31 was inserted by S.S.I. 2005/638 and last amended by S.S.I. 2017/132.