Sheriff Courts (Scotland) Act 1907

Defenders S

33.68. The applicant for an order under the Act of 1981 shall call as a defender—

(a) where he is seeking an order as a spouse, the other spouse;

(b) where he is a third party making an application under section 7(1) (dispensing with consent of non-entitled spouse to a dealing), or 8(1) (payment from non-entitled spouse in respect of loan), of the Act of 1981, both spouses; F1 . . .

(c) where the application is made under section 18 of the Act of 1981 M1 (occupancy rights of cohabiting couples), or is one to which that section applies, the other partner. [F2 ; and

(d) where the application is made under section 18A of the Act of 1981 M2 (application for domestic interdict), the other partner.]

Textual Amendments

F1 Word in Sch. 1 rule 33.68(b) omitted (4.5.2006) by virtue of Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(32)(a)}

F2 Sch. 1 rule 33.68(d) and word inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(32)(b)}

Marginal Citations

M1 Section 18 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 13(9).

M2 Section 18A was inserted by section 31 of the Family Law (Scotland) Act 2006 (asp2).