Modifications etc. (not altering text)
C1Sch. 1 applied with modifications by S.I. 1986/1915, Rules 4.16(1)(f), 7.9(5) and by Rule 2.41(2) (as substituted (15.9.2003) by The Insolvency (Scotland) Amendment Rules 2003 (S.I. 2003/2111), Rule 3, {Sch. 1, Pt. 1}) (as amended (20.12.2008) by S.S.I. 2008/393 art. 3)
C2Sch. 1 applied in part (with modifications) (14.11.2011) by The Investment Bank Special Administration (Scotland) Rules 2011 (S. I. 2011/2262), rule 127
2(1)A person entitled to aliment, however arising, from a living debtor as at the date of sequestration, or from a deceased debtor immediately before his death, shall not be entitled to include in the amount of his claim—S
(a)any unpaid aliment for any period before the date of sequestration unless the amount of the aliment has been quantified by court decree or by any legally binding obligation which is supported by evidence in writing, and,
[F1(i)]in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses)[F2, or
(ii)in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners),]
they were living apart during that period;
(b)any aliment for any period after the date of sequestration.
(2)Sub-paragraph (1) above shall apply to a periodical allowance payable on divorce [F3or on dissolution of a civil partnership]—
(a)by virtue of a court order; or
(b)under any legally binding obligation which is supported by evidence in writing,
as it applies to aliment and as if for the words from “in the case” to “they” there were substituted the words “the payer and payee”.
Textual Amendments
F1Words in Sch. 1 para. 2(1)(a) renumbered (5.12.2005) as Sch. 1 para. 2(1)(a)(i) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263, Sch. 28 para. 41(2); S.S.I. 2005/604, art. 2(c)
F2Sch. 1 para. 2(1)(a)(ii) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263, Sch. 28 para. 41(3); S.S.I. 2005/604, art. 2(c)
F3Words in Sch. 1 para. 2(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263, Sch. 28 para. 41(4); S.S.I. 2005/604, art. 2(c)