SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Special provisions in relation to particular proceedings

CHAPTER 49FAMILY ACTIONS

PART IGENERAL PROVISIONS

Interpretation of this Chapter49.1

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 198488;

m

an action or application for an order under the Matrimonial Homes (Family Protection) (Scotland) Act 198189.

2

In this Chapter, unless the context otherwise requires–

  • “the Act of 1975” means the Children Act 197590;

  • “the Act of 1976” means the Divorce (Scotland) Act 197691;

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

  • “the Act of 1985” means the Family Law (Scotland) Act 198592;

  • “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 198693.

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 197394 (sisting of consistorial actions in Scotland), proceedings are continuing at any time after they have commenced and before they are finally disposed of.