Domicile and Matrimonial Proceedings Act 1973

Section 10.

SCHEDULE 2 Ancillary and Collateral Orders (Scotland)

PART I

Enactments and rules of law referred to in section 10(1) and in Schedule 3 paragraph 11(1)

1 Any rule of law empowering a court to make an order for payment of interim aliment pendente lite by one party to the marriage in question for the benefit of the other, including any such rule as extended by section 4 of the [1920 c. 64.] Married Women's Property (Scotland) Act 1920.

2 Any rule of law empowering the Court of Session to make an order for payment of aliment (other than interim aliment pendente lite) by one party to the marriage in question for the benefit of the other, in connection with an action for separation, including any such rule as extended by section 4 of the Married Women's Property (Scotland) Act 1920.

3 Paragraph (2) of section 5 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 so far as relating to orders for aliment or for regulating the custody of a child.

4 Section 9 (orders with respect to children) of the [1861 c. 86.] Conjugal Rights (Scotland) Amendment Act 1861 as extended by section 1 of the [1939 c. 4.] Custody of Children (Scotland) Act 1939 and by sections 7 and 14 of the [1958 c. 40.] Matrimonial Proceedings (Children) Act 1958.

5 Section 10 of the Matrimonial Proceedings (Children) Act 1958 so far as relating to orders committing the care of a child to an individual.

6 Section 13 (power to prohibit in certain cases removal of child furth of Scotland or out of control of person having custody of him) of the Matrimonial Proceedings (Children) Act 1958.

7 Any enactment or rule of law empowering a court to vary or recall an order the power to make which is conferred by any enactment mentioned in this Part of this Schedule or by any rule of law so mentioned.

PART II

Further enactments and rules of law referred to in section 10(1)

8 Section 7 (guardianship in case of divorce or judicial separation) of the [1886 c. 27.] Guardianship of Infants Act 1886.

9 Section 2 (effect of divorce on property rights) of the [1938 c. 50.] Divorce (Scotland) Act 1938, both as originally enacted and as substituted by section 7 of the [1964 c. 91.] Divorce (Scotland) Act 1964.

10 Section 10 of the [1958 c. 40.] Matrimonial Proceedings (Children) Act 1958, so far as relating to orders committing the care of a child to a local authority.

11 Section 12 (power of court to provide for supervision of child) of the Matrimonial Proceedings (Children) Act 1958.

12 Section 26 (orders for financial provision on divorce) and section 27 (orders relating to settlements and other dealings) of the [1964 c. 41.] Succession (Scotland) Act 1964.

13 Any rule of law empowering a court, in connection with an action for declarator of nullity of marriage, to make an order for restitution of property as between the parties to the marriage or for the payment of damages by either of those parties.

14 Any rule of law empowering a court to make an order for the payment of expenses of the action in question by either party to the marriage.

15 Any enactment or rule of law empowering a court to vary or recall an order the power to make which is conferred by any enactment mentioned in this Part of this Schedule or by any rule of law so mentioned.