SCHEDULES

F1 first schedule S ORDINARY CAUSE RULES 1993

Textual Amendments

F1 Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

[F1 Special provisions in relation to particular causes] S

CHAPTER 33 S FAMILY ACTIONS

PART V S ORDERS RELATING TO FINANCIAL PROVISION

Applications in depending actions relating to incidental orders S

33.49. (1) In an action depending before the sheriff to which this Part applies—

(a) the pursuer or defender, notwithstanding rules 33.34(2) (application by defender for order for financial provision) and 33.48(1)(a) (application for order for financial provision in initial writ or defences), may apply by motion for an incidental order; and

(b) the sheriff shall not be bound to determine such a motion if he considers that the application should properly by by a crave in the initial writ or defences, as the case may be.

(2) In an action depending before the sheriff to which this Part applies, an application under section 14(4) of the Act of 1985 for the variation or recall of an incidental order shall be made by minute in the process of the action to which the application relates.