SCHEDULES

First Schedule ORDINARY CAUSE RULES 1993

Special provisions in relation to particular causes

CHAPTER 33 FAMILY ACTIONS

PART I GENERAL PROVISIONS

Intepretation of this Chapter

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; F2...

F3(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M1Martimonial 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 M2Law Reform (Miscellaneous Provisions) (Scotland) Act 1966.

F4(n)

an action of declarator of marriage;

(o)

an action of declarator of nullity of marriage;

F5(p)

an action for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of section 7(9) of the Domicile and Matrimonial Proceedings Act 1973;

F6(q)

an application under section 28 or 29 of the Act of 2006 (financial provision for former co-habitants).

F7(r)

an action for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of paragraph 1 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 1973, or of a judgment to which paragraph 2(1)(b) of that Schedule refers.

(2)

In this Chapter, unless the context otherwise requires—

  • “the Act of 1975” means the M3Children Act 1975;

  • “the Act of 1976” means the M4Divorce (Scotland) Act 1976;

  • “the Act of 1981” means the M5Matrimonial Homes (Family Protection) (Scotland) Act 1981;

  • “the Act of 1985” means the M6Family Law (Scotland) Act 1985;

  • F8“the Act of 1995” means the Children (Scotland) Act 1995;

  • F9“the Act of 2006” means the Family Law (Scotland) Act 2006;

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

  • F10“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 F11;

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

  • F12“incapable” means incapable, by reason of mental disorder, of—

    1. (a)

      acting;

    2. (b)

      making decisions;

    3. (c)

      communicating decisions;

    4. (d)

      understanding decisions; or

    5. (e)

      retaining the memory of decisions,

    but a person is not incapable by reason only of a lack of deficiency in a faculty of communication where that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise);

  • F13. . .

  • F14“local authority” means a council constituted under section 2 of the M7Local Government etc. (Scotland) Act 1994;

  • F15“mental disorder” has the meaning assigned in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003

  • “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;

  • F16“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 F17section 11 order sought) and, in relation to proceedings in another jurisdiction, Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973M8 (sisting of consistorial actions in Scotland), proceedings are continuing at any time after they have commenced and before they are finally disposed of.