Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2012

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

Paragraph 4 of the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (“SSI 2012/188”) amends the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 to provide that new Form F13A must be completed by parties to family actions to provide certain financial information where particular orders are sought. Corresponding provision is made in respect of civil partnership actions.

Paragraph 4(3)(a) of SSI 2012/188 amends Ordinary Cause Rule 33.34 to insert a new rule to the effect that in a family action, a defender has to lodge a completed Form 13A where such defender opposes a crave for an order for financial provision or makes certain claims. Corresponding provision is made in paragraph 4(5)(a) in respect of civil partnership actions.

It has subsequently been determined that the scope of the proposed new rules is incorrect. Paragraph 2 of this instrument therefore makes the necessary amendments to SSI 2012/188.

SSI 2012/188 is to come into effect on 1st August 2012. Paragraph 2 of this Act of Sederunt comes into force on 31st July 2012, with the effect that the scope of the new rules is correct when SSI 2012/188 comes into force.

Paragraph 3 of this Act of Sederunt amends rule 33.7(1)(a) of the Ordinary Cause Rules in consequence of the changes made to that rule by paragraph 5(4)(a) of SSI 2012/188. Subject to a transitional and saving provision in paragraph 4, paragraph 3 comes into force on 1st August 2012.