Act of Sederunt (Rules of the Court of Session 1994) 1994 No. 1443 (S. 69)

SCHEDULE 2 S THE RULES OF THE COURT OF SESSION 1994

Special provisions in relation to particular proceedings S

CHAPTER 49 S FAMILY ACTIONS

PART I S GENERAL PROVISIONS

Intimation where relevant association S

49.9.—(1) In a family action where the pursuer alleges a relevant association as defined in paragraph (4) between the defender and another named person, the pursuer shall, when the summons is presented for signeting, apply by motion for an order for intimation to that person or to dispense with such intimation.

(2) In determining a motion under paragraph (1), the court may–

(a) make such order for intimation as it thinks fit; or

(b) dispense with intimation; and

(c) where it dispenses with intimation, order that the name of that person be deleted from the condescendence of the summons.

(3) Where intimation is ordered under paragraph (2), a notice of intimation in Form 49.9 shall be attached to the copy of the summons to be intimated.

(4) In paragraph (1), “relevant association” means sodomy, incest or any homosexual relationship.

Commencement Information

I1 Sch. 2 rule 49.9 in force at 5.9.1994, see para. 1(1)