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SCHEDULES

F1first scheduleS ORDINARY CAUSE RULES 1993

Textual Amendments

F1Sch. 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, rule 3.24, Sch. 3

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

[F1Special provisions in relation to particular causes]S

CHAPTER 33S FAMILY ACTIONS

PART XS ACTIONS UNDER THE MATRIMONIAL HOMES (FAMILY PROTECTION) (SCOTLAND) ACT 1981
Certificates of delivery of documents to chief constableS

33.72.(1)Where an applicant is required to comply with section 15(4) or (5), as the case may be, of the Act of 1981 F2 (delivery of documents to chief constable where power of arrest attached to matrimonial interdict is granted, varied or recalled), he shall, after such compliance, lodge in process a certificate of delivery in Form F30.

(2)Where a [F3matrimonial] interdict to which a power of arrest under section 15(1) of the Act of 1981 has been attached ceases to have effect by reason of a decree of divorce being pronounced by the sheriff, the pursuer shall send—

(a)to the chief constable of the police area in which the matrimonial home is situated, and

(b)if the applicant spouse (within the meaning of section 15(6) of the Act 1981) resides in another police area, to the chief constable of that other police area,

a copy of the interlocutor granting decree and lodge in process a certificate of delivery in Form F30.

Textual Amendments

F3Word in rule 33.72(2) substituted (1.11.1996) by S.I. 1996/2445, para. 3(53)