Act of Sederunt (Ordinary Cause Rules) Amendment (No. 2) (Pension Sharing on Divorce etc.) 2000

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (No. 2) (Pension Sharing on Divorce etc.) 2000 and shall come into force on 1st December 2000.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of Ordinary Cause Rules 1993

2.—(1) The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907(1) shall be amended in accordance with the following paragraphs.

(2) In Chapter 33 (family actions)–

(a) at the end of rule 33.7(1)(k), for “, and” substitute “;”; and

(b) in rule 33.7(1)(l)–

(i) for “trustees or managers of the pension scheme” substitute “person responsible for the pension arrangement”; and

(ii) insert at the end–

• “; and

  (m)

  in an action where a pursuer makes an application for an order under section 8(1)(baa) of the Act of 1985 (pension sharing orders), to the person responsible for the pension arrangement and a notice of intimation in Form F12B shall be attached to the initial writ intimated to any such person.”.

(3) In Appendix 1 (forms)–

(a) in the heading of Form F12A, for “trustees or managers of pension scheme” substitute “person responsible for pension arrangement”; and

(b) after Form F12A insert the form set out in the Schedule to this Act of Sederunt.

Rodger of Earlsferry

Lord President, I.P.D.

Edinburgh

16th November 2000