Explanatory Note
(This note is not part of the Act of Sederunt)
This Act of Sederunt makes amendments to the Rules of the Court of Session 1994 (S.I. 1994/1443) (“the Rules”) in order to make provision for applications under the Civil Partnership Act 2004 (“the 2004 Act”) in relation to the dissolution or nullity of a civil partnership or the separation of civil partners. The amendments also make provision for a simplified procedure for divorce on the grounds of the issue of an interim gender recognition certificate.
Paragraph 2(2) to (13) amends Part 1 of Chapter 49 (general provision) to extend the application of the provisions relating to family actions to include actions for the dissolution or nullity of a civil partnership or the separation of civil partners under the 2004 Act.
Paragraph 2(14) excludes proceedings for financial provision following overseas proceedings to dissolve or annul a civil partnership and for an order under Chapter 3 (occupancy rights) or 4 (interdicts) of Part 3 of the 2004 Act from the application of rule 49.28 (evidence in certain undefended family actions).
Paragraph 2(15) amends rule 49.30 (no suspension in undefended divorce actions) so that it extends to undefended actions of dissolution of a civil partnership.
Paragraph 2(16) and (17) makes amendments to Part III of Chapter 49 (defended family actions) in connection with proceedings under Chapters 3 and 4 of the 2004 Act.
Paragraph 2(18) and (19) extends the application of Parts IV (applications and orders relating to children in certain actions) and V (orders relating to financial provision etc.) respectively to actions of dissolution and nullity of a civil partnership and separation of civil partners.
Paragraph 2(20) extends the application of rule 49.46 (applications in actions to which Part V applies) to applications for orders under section 112 of the 2004 Act.
Paragraph 2(21) inserts a new Part VIIA into Chapter 49 in respect of financial provision after the overseas dissolution or annulment of a civil partnership.
Paragraph 2(22) substitutes a new rule 49.58 in order to exclude applications for section 11 orders in actions for dissolution and declarator of nullity of a civil partnership from the application of Part IX.
Paragraph 2(23) inserts a new Part XA into Chapter 49 in respect of causes under Chapters 3 and 4 of Part 3 of the 2004 Act.
Paragraph 2(24) extends the application of the simplified divorce procedure in Part XI of Chapter 49 to applications for divorce on the grounds of the issue of an interim gender recognition certificate.
Paragraph 2(25) inserts a new Part XIA into Chapter 49 in respect of simplified applications for the dissolution of a civil partnership.
Paragraph 2(26) makes amendments to rule 50.2 in Chapter 50 (causes under the Presumption of Death (Scotland) Act 1977) to provide for intimation of an action of declarator under section 1(1) of that Act to the missing person’s civil partner.
Paragraph 2(27) makes various amendments to the forms set out in the Appendix to the Rules