Sheriff Courts (Scotland) Act 1907

Intepretation of this Chapter S

33.1. (1) In this Chapter, “family action” means—

(a) an action of divorce;

(b) an action of separation;

(c) an action of declarator of legitimacy;

(d) an action of declarator of illegitimacy;

(e) an action of declarator of parentage;

(f) an action of declarator of non-parentage;

(g) an action of declarator of legitimation;

[F1 (h) an action or application for, or in respect of, an order under section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.), except–

(i) an application for the appointment of a judicial factor mentioned in section 11(2)(g) of the Act of 1995 to which Part I of the Act of Sederunt (Judicial Factors Rules) 1992 applies; and

(ii) an application for the appointment or removal of a person as a guardian mentioned in section 11(2)(h) of the Act of 1995 to which paragraph 4 of the Act of Sederunt (Family Proceedings in the Sheriff Court) 1996 applies;]

(i) an action of affiliation and aliment;

(j) an action of, or application for or in respect of, aliment;

(k) an action or application for financial provision after a divorce or annulment in an overseas country within the meaning of Part IV of the M1 Martimonial and Family Proceedings Act 1984;

(l) an action or application for an order under the Act of 1981;

(m) an application for the variation or recall of an order mentioned in section 8(1) of the M2 Law Reform (Miscellaneous Provisions) (Scotland) Act 1966.

(2) In this Chapter, unless the context otherwise requires—

• “the Act of 1975” means the M3 Children Act 1975;

• “the Act of 1976” means the M4 Divorce (Scotland) Act 1976;

• “the Act of 1981” means the M5 Matrimonial Homes (Family Protection) (Scotland) Act 1981;

• “the Act of 1985” means the M6 Family Law (Scotland) Act 1985;

• [F2 “the Act of 1995” means the Children (Scotland) Act 1995;

• “contact order” has the meaning assigned in section 11(2)(d) of the Act of 1995;]

• [F3 “full gender recognition certificate” and “interim gender recognition certificate” mean the certificates issued as such under section 4 or 5 of the Gender Recognition Act 2004 F4 ;

• “Gender Recognition Panel” is to be construed in accordance with Schedule 1 to the Gender Recognition Act 2004;]

• F5 . . .

• [F6 “local authority” means a council constituted under section 2 of the M7 Local Government etc. (Scotland) Act 1994;]

• “mental disorder” means mental illness or mental handicap however cased or manifested;

• “order for financial provision” means, except in Part VII of this Chapter (financial provision after overseas divorce or annulment), an order mentioned in section 8(1) of the Act of 1985;

• [F7 “parental responsibilities” has the meaning assigned in section 1(3) of the Act of 1995;

• “parental rights” has the meaning assigned in section 2(4) of the Act of 1995;

• “residence order” has the meaning assigned in section 11(2)(c) of the Act of 1995;

• “section 11 order” means an order under section 11 of the Act of 1995.]

(3) For the purposes of rules 33.2 (averments in actions of divorce or separation about other proceed ings) and 33.3 (averments where [F8 section 11 order] sought) and, in relation to proceedings in another jurisdiction, Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 M8 (sisting of consistorial actions in Scotland), proceedings are continuing at any time after they have commenced and before they are finally disposed of.

Textual Amendments

F1 Sch. 1 rule 33.1(1)(h) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 4(a)

F2 Sch. 1 ule 33.1(2): definitions of "the Act of 1995" and "contact order" inserted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 4(b)(i)

F3 Sch. 1 rule 33.1(2): Definition of "full gender recognition certificate" and "interim gender recognition certificate" inserted (4.4.2005) by Act of Sederunt (Ordinary Cause Rules) Amendment (Gender Recognition Act 2004) 2005 (S.S.I. 2005/189), para. 2(2)

F4 2004 c. 7.

F5 Sch. 1 rule 33.1(2): definition of "child" omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 4(b)(ii)

F6 Sch. 1 rule 33.1(2): definition of "local authority" substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 4(b)(iii)

F7 Sch. 1 ule 33.1(2): definitions of "parental responsibilities", "parental", "residence order" and "section 11 order" substituted for definition of "parental rights" (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 4(b)(iv)

F8 Words in Sch. 1 rule 33.1(3) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 4(c)

Marginal Citations

M1 1984 c.42; Part IV was amended by the Family Law (Scotland) Act 1985 (c.37), Schedule 1, paragraphs 12 and 13.

M2 1966 c.19; section 8(1) was amended by the Guardianship Act 1973 (c.29), Schedule 5, the Divorce (Scotland Act 1976 (c.39), Schedule 1, the Matrimonial and Family Proceedings Act 1984 (c.42), Schedule 1, paragraph 7 and the Family Law (Scotland) Act 1985 (c.37), Schedule 1, paragraph 5.

M3 1975 c.72.

M4 1976 c.39.

M5 1981 c.59.

M6 1985 c.37.

M7 1994 c. 39; section 2(2) was amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 232(1)

M8 1973 c.45; Schedule 3 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), Schedule 1, paragraphs 19 and 20.