SCHEDULE 1Amendment of primary legislation
Amendment of the Domicile and Matrimonial Proceedings Act 19731
1
The Domicile and Matrimonial Proceedings Act 19734 is amended as follows.
2
In section 75 (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 86 (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 1110 (sisting of certain actions) omit subsection (2).
6
In section 1211 (supplementary), in subsection (5) omit paragraphs (b) to (d).
7
In schedule 1B (jurisdiction in relation to same sex marriages (Scotland))12—
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 19862
1
The Family Law Act 198613 is amended as follows.
2
In section 1414 (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 1515 (duration, variation and recall of orders) in subsection (1)(b) omit “or by virtue of the Council Regulation”.
4
In section 17A16, omit “Sections 2 and 3 of Chapter II of the Council Regulation and are subject to”.
5
In section 2617 (recognition: special Scottish rule), omit subsection (2).
6
In section 4218 (general interpretation of Part 1), in subsection (1), omit the definition of “the Council Regulation”.
7
In section 4519 (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 5420 (interpretation of Part 2), in subsection (1), omit the definition of “the Council Regulation”.
Amendment of the Children (Scotland) Act 19953
In section 14 of the Children (Scotland) Act 199521 (jurisdiction and choice of law in relation to certain matters), omit subsection (5).
Amendment of the Civil Partnership Act 20044
1
The Civil Partnership Act 200422 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 22723 (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)”.
SCHEDULE 2Revocation and amendment of secondary legislation
Revocation of the European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 20051
The European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 200524 are revoked.
Revocation of the Civil Partnership (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 20052
The Civil Partnership (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 200525 are revoked.
Amendment of the Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 20103
1
The Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 201026 are amended as follows.
2
In regulation 227 (interpretation), omit the definitions of “the Council Regulation” and “member State”.
3
Omit regulation 6 (application of Article 15).
4
Omit regulation 1028 (requests for information under Council Regulation).
5
In regulation 1229 (local authorities and Children’s Hearings: placement of child in another Contracting State)—
a
in paragraph (1)—
i
in sub-paragraph (a), omit “, or”, and
ii
omit sub-paragraph (b),
b
in paragraph (2)—
i
in sub-paragraph (a), omit “, or”, and
ii
omit sub-paragraph (b), and
c
in paragraph (3)—
i
omit “or Articles 8 to 14 of the Council Regulation, as the case may be”,
ii
in sub-paragraph (a) omit “, or”, and
iii
omit sub-paragraph (b).
Revocation of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 20144
The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 201430 are revoked.