Act of Sederunt (Rules of the Court of Session 1994) 1994

Interpretation of this Chapter

49.1.—(1) In this Chapter, “family action” means–

(a) an action of divorce;

(b) an action of separation;

(c) an action of declarator of nullity of marriage;

(d) an action of declarator of marriage;

(e) an action of declarator of legitimacy;

(f) an action of declarator of illegitimacy;

(g) an action of declarator of parentage;

(h) an action of declarator of non-parentage;

(i) an action of declarator of legitimation;

(j) an action of, or application for, any parental rights;

(k) an action of, or application for or in respect of, aliment;

(l) an action or application for financial provision after a divorce or annulment in an overseas country within the meaning of Part IV of the Matrimonial and Family Proceedings Act 1984(1);

(m) an action or application for an order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981(2).

(2) In this Chapter, unless the context otherwise requires–

“the Act of 1975” means the Children Act 1975(3);

“the Act of 1976” means the Divorce (Scotland) Act 1976(4);

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

“the Act of 1985” means the Family Law (Scotland) Act 1985(5);

“child” means a person under the age of 16 years;

“local authority” means a regional or islands council;

“mental disorder” means mental illness or mental handicap however caused or manifested;

“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;

“parental rights” has the meaning assigned in section 8 of the Law Reform (Parent and Child) (Scotland) Act 1986(6).

(3) For the purposes of rule 49.2 (averments in certain family actions about other proceedings) and rule 49.3 (averments where custody sought) and, in relation to proceedings in another jurisdiction, Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973(7) (sisting of consistorial actions in Scotland), proceedings are continuing at any time after they have commenced and before they are finally disposed of.

(1)

1984 c. 42; Part IV was amended by the Family Law (Scotland) Act 1985 (c. 37), Schedule 1, paragraphs 12 and 13.

(2)

1981 c. 59.

(3)

1975 c. 72.

(4)

1976 c. 39.

(5)

1985 c. 37.

(6)

1986 c. 9.

(7)

1973 c. 45; Schedule 3 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), Schedule 1, paragraphs 19 and 20.