SCHEDULE 1Amendment of primary legislation
Amendment of the Domicile and Matrimonial Proceedings Act 1973I11
1
The Domicile and Matrimonial Proceedings Act 1973 M1 is amended as follows.
2
In section 7 M2 (jurisdiction of Court of Session)—
a
in subsection (2A)—
i
after “if (and only if)”, insert “
either of the parties to the marriage
”
, and
ii
for paragraphs (a) and (b) substitute—
a
is domiciled in Scotland on the date when the action is begun, or
b
was habitually resident in Scotland throughout the period of one year ending with that date.
b
in subsection (3A)—
i
after “if (and only if)” insert “
either of the parties to the marriage
”
,
ii
omit the first paragraphs (a) and (b),
iii
for the second paragraphs (a) and (b) substitute—
a
is domiciled in Scotland on the date when the action is begun,
b
was habitually resident in Scotland throughout the period of one year ending with that date, or
c
died before that date and either—
i
was at death domiciled in Scotland, or
ii
had been habitually resident in Scotland throughout the period of one year ending with the date of death.
c
omit subsection (3B),
d
omit subsection (5A), and
e
in subsection (9) for “a member state of the European Union” substitute “
the United Kingdom, the Channel Islands and the Isle of Man
”
.
3
In section 8 M3 (jurisdiction of sheriff court in respect of actions for separation)—
a
in subsection (2)—
i
omit “or for declarator of recognition, or non-recognition, of a relevant foreign decree”,
ii
for paragraph (a) substitute—
a
either of the parties to the marriage—
i
is domiciled in Scotland on the date when the action is begun, or
ii
was habitually resident in Scotland throughout the period of one year ending with that date, and
b
in subsection (2A)—
i
after “marriage” where it first occurs insert “
or for declarator of recognition, or non-recognition, of a relevant foreign decree
”
,
ii
for paragraph (b) substitute—
b
either party to the marriage—
i
is domiciled in Scotland on the date when the action is begun,
ii
was habitually resident in Scotland throughout the period of one year ending with that date, or
ii
died before that date and either–
A
was at death domiciled in Scotland, or
B
had been habitually resident in Scotland throughout the period of one year ending with the date of death.
c
omit subsections (2B), (2C) and (2D),
d
omit subsection (3A), and
e
in subsection (4) omit “, provided that entertaining the action would not contravene Article 6 of the Council Regulation”.
4
5
In section 11 M7 (sisting of certain actions) omit subsection (2).
6
In section 12 M8 (supplementary), in subsection (5) omit paragraphs (b) to (d).
7
In schedule 1B (jurisdiction in relation to same sex marriages (Scotland)) M9—
a
in paragraph 1(3), in the definition of “relevant foreign decree” for “a member State” substitute “
the United Kingdom, the Channel Islands and the Isle of Man
”
,
b
omit paragraph 2 (power to make provision corresponding to EC Regulation 2201/2003),
c
in paragraph 3 (divorce or separation)—
i
in sub-paragraph (1), after “if (and only if)” insert “
either of the parties to the marriage
”
,
ii
for sub-paragraph (1)(a) and (b), substitute—
a
is domiciled in Scotland on the date when the proceedings are begun, or
b
was habitually resident in Scotland throughout the period of one year ending with that date.
iii
in sub-paragraph (3)(b), omit “under regulations under paragraph 2”,
d
in paragraph 5 (nullity of marriage)—
i
in sub-paragraph (1)—
aa
omit from beginning of head (a) to “those regulations and”,
bb
in sub-head (i), after “proceedings are begun”, insert “
, or was habitually resident in Scotland throughout the period of one year ending with that date
”
,
ii
in sub-paragraph (2), in head (a), omit “paragraph (a) or (b) of”,
iii
in sub-paragraph (3), in head (b), omit “under regulations under paragraph 2”,
e
in paragraph 6 (recognition, or non-recognition, of foreign decrees)—
i
in sub-paragraph (1)—
aa
omit from beginning of head (a) to “those regulations and”,
bb
in sub-head (i), after “proceedings are begun”, insert “
, or was habitually resident in Scotland throughout the period of one year ending with that date
”
,
ii
in sub-paragraph (2), in head (a), omit “paragraph (a) or (b) of”, and
f
in paragraph 7 (supplementary provision), in sub-paragraph (2), omit “, if entertaining the proceedings would not contravene regulations under paragraph 2”.
Amendment of the Family Law Act 1986I22
1
The Family Law Act 1986 M10 is amended as follows.
2
In section 14 M11 (power of court to refuse application or sist proceedings) in subsection (2)—
a
at the end of paragraph (b) insert “
or
”
,
b
omit paragraph (c), and
c
in the words following paragraph (d), omit “Article 15 of the Council Regulation or” and “of the Council Regulation”.
3
In section 15 M12 (duration, variation and recall of orders) in subsection (1)(b) omit “or by virtue of the Council Regulation”.
4
In section 17A M13, omit “Sections 2 and 3 of Chapter II of the Council Regulation and are subject to”.
5
In section 26 M14 (recognition: special Scottish rule), omit subsection (2).
6
In section 42 M15 (general interpretation of Part 1), in subsection (1), omit the definition of “the Council Regulation”.
7
In section 45 M16 (recognition in the United Kingdom of overseas divorces, annulments and legal separations)—
a
in subsection (1) omit “subsection (2) of this section and to”, and
b
omit subsection (2).
8
In section 54 M17 (interpretation of Part 2), in subsection (1), omit the definition of “the Council Regulation”.
Amendment of the Children (Scotland) Act 1995I33
In section 14 of the Children (Scotland) Act 1995 M18 (jurisdiction and choice of law in relation to certain matters), omit subsection (5).
Amendment of the Civil Partnership Act 2004I44
1
The Civil Partnership Act 2004 M19 is amended as follows.
2
Omit section 219 (power to make provision corresponding to EC Regulation 2201/2003).
3
In section 225 (jurisdiction of Scottish courts)—
a
in subsection (1)—
i
after “if (and only if)” insert “
either civil partner
”
,
ii
for paragraphs (a) and (b), substitute—
a
is domiciled in Scotland on the date when proceedings are begun, or
b
was habitually resident in Scotland throughout the period of one year ending with that date, or
iii
in paragraph (c)(ii) omit “under section 219 regulations”,
b
in subsection (3)—
i
for paragraphs (a) and (b) substitute—
a
either of the ostensible civil partners—
i
is domiciled in Scotland on the date when the proceedings are begun or was habitually resident in Scotland throughout the period of one year ending with that date, or
ii
died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death, or
ii
in paragraph (c)(ii) omit “under section 219 regulations”.
4
In section 227 M20 (Scottish ancillary and collateral orders)—
a
in subsection (3), for “Subject to subsection (3A) if”, substitute “
If
”
,
b
omit subsection (3A).
5
In section 234 (recognition in the UK of overseas dissolution, annulment or separation)—
a
in subsection (1)—
i
for “Subject to subsection (2), the”, substitute “
The
”
, and
ii
for “the United Kingdom” substitute “
Scotland
”
,
b
omit subsection (2), and
c
in subsection (3), for “subsections (1) and (2)”, substitute “
subsection (1)
”
.