- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(1)Section 8 of the Domicile and Matrimonial Proceedings Act 1973 (c.45) (jurisdiction of sheriff court in respect of certain actions) is amended as follows.
(2)In subsection (1)—
(a)the word “and” immediately following paragraph (a) is repealed, and
(b)after paragraph (b) insert “; and
(c)an action for declarator of nullity of marriage.”.
(3)After subsection (2) insert—
“(2A)The court shall have jurisdiction to entertain an action for declarator of nullity of marriage if (and only if)—
(a)either party to the marriage—
(i)was resident in the sheriffdom for a period of forty days ending with the date when the action is begun; or
(ii)had been resident in the sheriffdom for a period of not less than forty days ending not more than forty days before that date and has no known residence in Scotland at that date; and
(i)the Scottish courts have jurisdiction under the Council Regulation; or
(ii)the action is one to which subsection (2B) below applies and a condition mentioned in either subsection (2C) or (2D) is satisfied.
(2B)This subsection applies to an action—
(a)which is an excluded action; or
(b)where one of the parties to the marriage in question died before the date when the action is begun.
(2C)The condition is that either party to the marriage in question is domiciled in Scotland on the date when the action is begun.
(2D)The condition is that either party to the marriage in question died before the date when the action is begun and either—
(a)was at death domiciled in Scotland; or
(b)had been habitually resident in Scotland throughout the period of one year ending with the date of death.”.
(4)In subsection (3)—
(a)after “divorce” insert “ or declarator of nullity of marriage ”,
(b)after “subsection (2)”, where it first occurs, insert “ or (2A) ”, and
(c)for “or of” substitute “ (2A) or ”.
(5)In subsection (4), after “divorce” insert “ or declarator of nullity of marriage ”.
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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: