- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/08/2016)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/06/2021
Point in time view as at 31/08/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Children (Scotland) Act 1995, Section 12 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In any action for
[F1(a)] divorce, judicial separation or declarator of nullity of marriage,[F2 or
(b)dissolution or declarator of nullity of a civil partnership or separation of civil partners,]
the court shall, where this section applies, consider (in the light of such information as is before the court as to the arrangements which have been, or are proposed to be, made for the upbringing of each child by virtue of which it applies) whether to exercise with respect to him the powers conferred by section 11 [F3of this Act or section 62 of the Children's Hearings (Scotland) Act 2011] .
(2)Where, in any case to which this section applies, the court is of the opinion that—
(a)the circumstances of the case require, or are likely to require, it to exercise any power under section 11 [F4of this Act or section 62 of the Children's Hearings (Scotland) Act 2011] with respect to the child concerned;
(b)it is not in a position to exercise that power without giving further consideration to the case; and
(c)there are exceptional circumstances which make it desirable in the interests of that child that it should not grant decree in the action until it is in a position to exercise such a power,
it shall postpone its decision on the granting of decree in the action until it is in such a position.
(3)This section applies where a child of the family has not reached the age of sixteen years at the date when the question first arises as to whether the court should give such consideration as is mentioned in subsection (1) above.
(4)In this section “child of the family”, in relation to
[F5(a)] the parties to a marriage, means—
[F6(i)]a child of both of them; or
[F7(ii)]any other child, not being a child who is placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family[F8; or
(b)the partners in a civil partnership, means a child
[F9(i)]who has been treated by both partners as a child of the family which their partnership constitutes [F10; or
(ii)whose parents are the partners (being parents by virtue of sections 33 and 42 of the Human Fertilisation and Embryology Act 2008).]]
Textual Amendments
F1Words in s. 12(1) renumbered as s. 12(1)(a) (5.12.2005) by virtue of Civil Partnership Act 2004 (c. 33), ss. 261(2), 263, Sch. 28 para. 60(2); S.S.I. 2005/604, art. 2(c)
F2S. 12(1)(b) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263, Sch. 28 para. 60(2); S.S.I. 2005/604, art. 2(c)
F3Words in s. 12(1) substituted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(2)(a) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F4Words in s. 12(2)(a) substituted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(2)(b) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F5Words in s. 12(4) renumbered as s. 12(4)(a) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(1), 46(2), Sch. 2 para. 8(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
F6S. 12(4)(a) renumbered as s. 12(4)(a)(i) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(1), 46(2), Sch. 2 para. 8(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
F7S. 12(4)(b) renumbered as s. 12(4)(b)(ii) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(1), 46(2), Sch. 2 para. 8(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
F8S. 12(4)(b) and preceding word added (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(1), 46(2), Sch. 2 para. 8(b); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
F9Words in s. 12(4)(b) renumbered as s. 12(4)(b)(i) (6.4.2009 for certain purposes, otherwise 1.9.2009) by virtue of Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 53(a); S.I. 2009/479, art. 6(1)(e)(2) (as amended by S.I. 2009/2232, art. 3)
F10S. 12(4)(b)(ii) and preceding word inserted (6.4.2009 for certain purposes, otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 53(b); S.I. 2009/479, art. 6(1)(e)(2) (as amended by S.I. 2009/2232, art. 3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys