Sheriff Courts (Scotland) Act 1907

PART VII S FINANCIAL PROVISION AFTER OVERSEAS PROCEEDINGS

Interpretation of this Part S

33A.51. In this Part–

• “order for financial provision” has the meaning assigned in paragraph 4 of Schedule 11 to the Act of 2004;

• “overseas proceedings” has the meaning assigned in paragraph 1(1)(a) of Schedule 11 to the Act of 2004.

Applications for financial provision after overseas proceedings S

33A.52. (1) An application under paragraph 2(1) of Schedule 11 to the Act of 2004 for an order for financial provision after overseas proceedings shall be made by initial writ.

(2) An application for an order in an action to which paragraph (1) applies made before final decree under–

(a) section 112 of the Act of 2004 (transfer of tenancy of family home);

(b) paragraph 3(4) of Schedule 11 to the Act of 2004 for interim periodical allowance; or

(c) section 14(4) of the Act of 1985 (variation or recall of incidental order),

shall be made by motion.

(3) An application for an order in an action to which paragraph (1) applies made after final decree under–

(a) section 12(4) of the Act of 1985 (variation of date or method of payment of capital sum or date of transfer of property);

(b) section 13(4) of the Act of 1985 (variation, recall, backdating or conversion of periodical allowance); or

(c) section 14(4) of the Act of 1985 (variation or recall of incidental order),

shall be made by minute in the process of the action to which it relates.

(4) An application under–

(a) paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum); or

(b) paragraph (7) of that section (variation of order in respect of pension lump sum to substitute trustees or managers),

shall be made by minute in the process of the action to which the application relates.

(5) Where a minute has been lodged under paragraph (3), any party may apply by motion for an interim order pending the determination of the application.