SCHEDULES

first schedule ORDINARY CAUSE RULES 1993

Special provisions in relation to particular causes

CHAPTER 33ACIVIL PARTNERSHIP ACTIONS

PART IGENERAL PROVISIONS

Interpretation of this Chapter

33A.1.

(1)

In this Chapter, “civil partnership action” means–

(a)

an action of dissolution of civil partnership;

(b)

an action of separation of civil partners;

(c)

an action or application for an order under Chapter 3 or Chapter 4 of Part 3 of the Act of 2004;

(d)

an application for a declarator or other order under section 127 of the Act of 2004;

(e)

an action or application for financial provision after overseas proceedings as provided for in Schedule 11 to the Act of 2004;

F1(f)

an action for declarator of nullity of civil partnership.

(2)

In this Chapter, unless the context otherwise requires–

“the Act of 1985” means the Family Law (Scotland) Act 1985 M1;

“the Act of 1995” means the Children (Scotland) Act 1995 M2;

“the Act of 2004” means the Civil Partnership Act 2004 M3;

“civil partnership” has the meaning assigned in section 1(1) of the Act of 2004;

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

“Gender Recognition Panel” is to be construed in accordance with Schedule 1 to the Gender Recognition Act 2004 M4;

“interim gender recognition certificate” means the certificate issued under section 4 of the Gender Recognition Act 2004;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M5;

“mental disorder” has the meaning assigned in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 M6;

“order for financial provision” means, except in Part VII of this Chapter (financial provision after overseas proceedings as provided for in Schedule 11 to the Act of 2004), an order mentioned in section 8(1) of the Act of 1985;

“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;

“relevant interdict” has the meaning assigned in section 113(2) of the Act of 2004;

“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 M7.

(3)

For the purposes of rules 33A.2 (averments in actions of dissolution of civil partnership or separation of civil partners about other proceedings) and 33A.3 (averments where section 11 order sought) and, in relation to proceedings in another jurisdiction, Part XIII of this Chapter (sisting of civil partnership actions in Scotland), proceedings are continuing at any time after they have commenced and before they are finally disposed of.