Sheriff Courts (Scotland) Act 1907

Warrants and forms for intimation S

33.7. (1) [F1 Subject to paragraphs (5) and (7), in the initial writ] in a family action, the pursuer shall include a crave for a warrant for intimation—

(a) in an action where the address of the defender is not known to the pursuer and cannot reasonably be ascertained, to—

(i) every child of the marriage between the parties who has reached the age of 16 years, and

(ii) one of the next-of-kin of the defender who has reached that age,

unless the address of such a person is not known to the pursuer and cannot reasonably be ascertained, and a notice of intimation in Form F1 shall be attached to the copy of the initial writ intimated to any such person;

(b) in an action where the pursuer alleges that the defender has committed adultery with another person, to that person, unless—

(i) that person is not named in the initial writ and, if the adultery is relied on for the purposes of section 1(2)(a) of the Act of 1976 (irretrievable breakdown of marriage by reason of adultery), the initial writ contains an averment that his or her identity is not known to the pursuer and cannot reasonably be ascertained, or

(ii) the pursuer alleges that the defender has been guilty of rape upon or incest with, that named person,

and a notice of intimation in Form F2 shall be attached to the copy of the initial writ intimated to any such person;

(c) in an action where the defender is a person who is suffering from a mental disorder, to—

(i) those persons mentioned in sub-paragraph (a)(i) an (ii), unless the address of such person is not known to the pursuer and cannot reasonably be ascertained, and

(ii) the curator bonis to the defender, if one has been appointed,

and a notice of intimation in Form F3 shall be attached to the copy of the initial writ intimated to any such person;

(d) in an action relating to a marriage which was entered into under a law which permits polygamy where—

(i) one of the decrees specified in section 2(2) of the M1 Matrimonial Proceedings (Polygamous Marriages) Act 1972 is sought, and

(ii) either party to the marriage in question has any spouse additional to the other party,

to any such additional spouse, and a notice of intimation in Form F4 shall be attached to the initial writ intimated to any such person;

(e) in an action of divorce or separation where the sheriff may make [a section 11 order] in respect of a child—

(i) who is in the care of a local authority, to that authority and a notice of intimation in Form F5 shall be attached to the initial writ intimated to that authority;

(ii) who, being a child of one party to the marriage, has been accepted as a child of the family by the other party to the marriage and who is liable to be maintained by a third party, to that third party, and a notice of intimation in Form F5 shall be attached to the initial writ intimated to that third party; or

(iii) in respect of whom a third party [F2 in fact exercises care or control], to that third party, and a notice of intimation in Form F6 shall be attached to the initial writ intimated to that third party;

(f) in an action where the pursuer craves [F3 a section 11 order], to any parent or guardian of the child who is not a party to the action, and a notice of intimation in Form F7 shall be attached to the initial writ intimated to any such parent or guardian;

(g) in an action where the pursuer craves [F4 a residence order in respect] of a child and he is—

(i) not a parent of that child, and

(ii) resident in Scotland when the initial writ is lodged,

to the local authority within which area the pursuer resides, and a notice of intimation in Form F8 shall be attached to the [F5 initial] writ intimated to that authority;

[F6 (h) in an action which includes a crave for a section 11 order, to the child to whom such an order would relate if not a party to the action, and a notice of intimation in Form F9 shall be intimated to that child;]

(i) in an action where the pursuer makes an application for an order under section 8(1)(aa) of the M2 Act of 1985(transfer of property) and—

(i) the consent of a third party to such a transfer is necessary by virtue of an obligation, enactment or rule of law, or

(ii) the property is subject to a security,

to the third party or creditor, as the case may be, and a notice of intimation in Form F10 shall be attached to the initial writ intimated to any such person;

(j) in an action where the pursuer makes an application for an order under section 18 of the Act of 1985 (which relates to avoidance transactions), to—

(i) any third party in whose favour the transfer of, or transaction involving, the property is to be or was made, and

(ii) any other person having an interest in the transfer of, or transaction involving, the property,

and a notice of intimation in Form F11 shall be attached to the initial writ intimated to any such person; F7 . . .

(k) in an action where the pursuer makes an application for an order under the M3 Act of 1981—

(i) where he is a non-entitled partner and the entitled partner has a spouse, to that spouse, or

(ii) where the application is under section 2(1)(e), 2(4)(a), 3(1), 3(2), 4, 7, 13 or 18 of that Act, and the entitled spouse or entitled partner is a tenant or occupies the matrimonial home by permission of a third party, to the landlord or the third party, as the case may be,

and a notice of intimation in Form F12 shall be attached to the initial writ intimated to any such person [F8 ; and]

[F9 (l) in an action where the pursuer makes an application for an order under section 8(1)(ba) of the M4 Act of 1985 (orders under section 12A of the Act of 1985 for pension lump sum), to the trustees or managers of the pension scheme, and a notice of intimation in Form F12A shall be attached to the initial writ intimated to any such person.]

(2) Expressions used in paragraph (1)(k) which are also used in the Act of 1981 have the same meaning as in that Act.

(3) A notice of intimation under paragraph (1) shall be on a period of notice of 21 days unless the sheriff otherwise orders; but the sheriff shall not order a period of notice of less than 2 days.

(4) In a family action, where the pursuer—

[F10 (a) craves a residence order in respect of a child,

(b) is not a parent of the child, and

(c) is not resident in Scotland when the initial writ is lodged for warranting,]

he shall include a crave for an order for intimation in form F8 to such local authority as the sheriff thinks fit.

(5) Where the address of a person mentioned in paragraph (1)(b), (d), (e), (f), (h), (i), (j) [F11 , (k) or (l)] is not known and cannot reasonably be ascertained, the pursuer shall include a crave in the initial writ to dispense with intimation; and the sheriff may grant that crave or make such other order as he thinks fit.

(6) Where the identity or address of a person to whom intimation of a family action is required becomes known during the course of the action, the party who would have been required to insert a warrant for intimation to that person shall lodge a motion for a warrant for intimation to that person or to dispense with such intimation.

[F12 (7) Where a pursuer considers that to order intimation to a child under paragraph (1)(h) is inappropriate, he shall–

(a) include a crave in the initial writ to dispense with intimation to that child, and

(b) include in the initial writ averments setting out the reasons why such intimation is inappropriate;

and the sheriff may dispense with such intimation or make such other order as he thinks fit.]

Extent Information

E1 Words in Sch. 1 rule 33.7(1)(e) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 6(a)(ii)

Textual Amendments

F1 Words in Sch. 1 rule 33.7(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 6(a)(i)

F2 Words in Sch. 1 rule 33.7(1)(e)(iii) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 6(a)(iii)

F3 Words in Sch. 1 rule 33.7(1)(f) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 6(a)(iv)

F4 Words in Sch. 1 rule 33.7(1)(g) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 6(a)(v)

F5 Word in Sch. 1 rule 33.7(1)(g) substituted (1.11.1996) by S.I. 1996/2445, para. 3(45)(a)(i)

F6 Rule 33.7(1)(h) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 6(a)(vi)

F7 Word in rule 33.7(1)(j) omitted (1.11.1996) by S.I. 1996/2445, para. 3(45)(a)(ii)

F8 Sch. 1 rule 33.7(1)(k): “; and” substituted for the full-stop (1.11.1996) by S.I. 1996/2445, para. 3(45)(a)(iii)

F9 Sch. 1 rule 33.7(1)(l) inserted (1.11.1996) by S.I. 1996/2445, para. 3(45)(a)(iv)

F10 Sch. 1 rule 33.7(4)(a)-(c) substituted (1.11.1996) for Sch. 1 rule 33.7(4)(a)(b) by S.I. 1996/2167, para. 2, Sch. para. 6(b)

F11 Words in Sch. 1 rule 33.7(5) substituted (1.11.1996) by S.I. 1996/2445, para. 3(45)(b)

F12 Sch. 1 rule 33.7(7) inserted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 6(c)

Marginal Citations

M1 1972 c.38; section 2(2) was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), Schedule 1, paragraphs 13, the Law Reform (Husband and Wife) (Scotland) Act 1984 (c.15), Schedule 1, paragraph 6, the Family Law (Scotland) Act 1985 (c.37), Schedule 1, paragraph 8 and the Statute Law (Repeals) Act 1986 (c.12), Schedule 1, Part I.

M2 1985 c.37; section 8(1)(aa) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, paragraph 34.

M3 1981 c.59.

M4 1985 c.37; section 8(1)(ba) was inserted by the Pensions Act 1995 (c.26), section 167(1).