Sheriff Courts (Scotland) Act 1907

Averments where aliment or financial provision sought S

33.6. (1) In this rule—

• “the Act of 1991” means the M1 Child Support Act 1991;

• “child” has the meaning assigned in section 55 of the Act of 1991;

• “crave relating to aliment” means—

  (a)

  for the purposes of paragraph (2), a crave for decree of aliment in relation to a child or for recall or variation of such a decree; and

  (b)

  for the purposes of paragraph (3), a crave for decree of aliment in relation to a child or for recall or variation of such a decree or for the variation or termination of an agreement on aliment in relation to a child;

• “ [F1 “maintenance calculation”]” has the meaning assigned in section [F2 54] of the Act of 1991.

(2) A family action containing a crave relating to aliment and to which section 8(6), (7), (8) or (10) of the Act of 1991 (top up maintenance orders) applies shall—

(a) include averments stating, where appropriate—

(i) that a maintenance [F3 calculation] under section 11 of that Act (maintenance assessments) is in force;

(ii) the date of the maintenance [F3 calculation];

(iii) the amount and frequency of periodical payments of child support maintenance fixed by the maintenance [F3 calculation]; and

(iv) the grounds on which the sheriff retains jurisdiction under section 8(6), (7), (8) or (10) of that Act; and

(b) unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the party intimating the making of the maintenance [F3 calculation] referred to in sub-paragraph (a).

(3) A family action containing a crave relating to aliment, and to which section 8(6), (7), (8) or (10) of the Act of 1991 does not apply, shall include averments stating—

(a) that the habitual residence of the absent parent, person with care or qualifying child, within the meaning of section 3 of that Act, is furth of the United Kingdom;

(b) that the child is not a child within the meaning of section 55 of that Act; or

(c) where the action is lodged for warranting before 7th April 1997, the grounds on which the sheriff retains jurisdiction.

(4) In an action for declarator of non-parentage or illegitimacy—

(a) the initial writ shall include an article of condescendence stating whether the pursuer previously has been alleged to be the parent in an application for a maintenance [F3 calculation] under section 4, 6 or 7 of the Act of 1991 (applications for maintenance [F3 calculation]); and

(b) where an allegation of paternity has been made against the pursuer, the Secretary of State shall be named as a defender in the action.

(5) A family action involving parties in respect of whom a decision has been made in any application, review or appeal under the Act of 1991 relating to any child of those parties, shall—

(a) include averments stating that such a decision has been made and giving details of that decision; and

(b) unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the parties intimating that decision.

Textual Amendments

F1 Words in Sch. 1 rule 33.6(1) substituted (24.1.2003) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 (S.I. 2003/26), para. 2(8)(a)(i)

F2 Word in Sch. 1 rule 33.6(1) substituted (24.1.2003) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 (S.I. 2003/26), para. 2(8)(a)(ii)

F3 Words in Sch. 1 rule 33.6(2)(4) substituted (24.1.2003) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 (S.I. 2003/26), para. 2(8)(b)

Marginal Citations

M1 1991 c.48.