- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
In section 10 of the Family Law (Scotland) Act 1985 (c. 37) (which provides for the sharing of the value of matrimonial property and fixes the date of its valuation)—
(a)in subsection (2), at the beginning there shall be inserted “Subject to subsection (3A) below,”; and
(b)after subsection (3), there shall be inserted—
“(3A)In its application to property transferred by virtue of an order under section 8(1)(aa) of this Act this section shall have effect as if—
(a)in subsection (2) above, for “relevant date” there were substituted “appropriate valuation date”;
(b)after that subsection there were inserted—
“(2A)Subject to subsection (2B), in this section the “appropriate valuation date” means—
(a)where the parties to the marriage or, as the case may be, the partners agree on a date, that date;
(b)where there is no such agreement, the date of the making of the order under section 8(1)(aa).
(2B)If the court considers that, because of the exceptional circumstances of the case, subsection (2A)(b) should not apply, the appropriate valuation date shall be such other date (being a date as near as may be to the date referred to in subsection (2A)(b)) as the court may determine.”; and
(c)subsection (3) did not apply.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: