- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Evidence in Civil Partnership and Divorce Actions (Scotland) Order 2012 No. 111
2.—(1) Section 8(3A) of the Civil Evidence (Scotland) Act 1988 does not apply in respect of the class of actions specified in paragraph (2).
(2) The class of action referred to in paragraph (1) is actions for dissolution of civil partnership in which—
(a)the action is undefended;
(b)the action is brought in reliance on the facts set out in section 117(3)(c) (1 year non-cohabitation and the defender’s consent to decree) or in section 117(3)(d) (2 years non-cohabitation) of the Civil Partnership Act 2004(1);
(c)no other proceedings are pending in any court which could have the effect of bringing the civil partnership to an end;
(d)there is no child of the family, as defined in section 12(4)(b) of the Children (Scotland) Act 1995(2), under the age of 16 years;
(e)neither party applies for an order for financial provision on dissolution of civil partnership; and
(f)neither party suffers from mental disorder as defined in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003(3).
(3) For the purpose of this Order an action is to be treated as undefended when the defender has not entered appearance or, having entered appearance, has not lodged defences or has withdrawn them.
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.
Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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: