Search Legislation

Act of Sederunt (Rules of the Court of Session Amendment No. 7) (Pension Sharing on Divorce etc.) 2000

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of theCourt of Session Amendment No. 7) (Pension Sharing on Divorce etc.) 2000and shall come into force on 1st December 2000.

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

Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session 1994(1) shall be amendedin accordance with the following sub-paragraphs.

(2) In rule 49.8 (warrants for intimation in family actions)–

(a)in paragraph (1), for sub-paragraph (l) there shall be substituted–“???”

(l)in an action where the pursuer makes an application for an orderunder–

(i)section 8(1)(ba) of the Act of 1985 (orders under s.12A of the Act of1985 for pension lump sum), or

(ii)section 8(1)(baa) of that Act (pension sharing orders),

to the person responsible for the pension arrangement, in thefollowing terms “Warrant to intimate to (name and address) asthe person responsible for the pension arrangement in respect of which anorder is sought in the (number) conclusion of this summons.”;

(b)in paragraph (3), for sub-paragraph (m) there shall be substituted–“???”

(m)under–

(i)paragraph (1)(l)(i) (orders for pension lump sums), in Form 49.8-M; and

(ii)paragraph (1)(l)(ii) (pension sharing orders), in Form 49.8-MA.

(3) In rule 49.49 (applications relating to orders for financialprovision), in paragraph (3)(b) for “trustees or managers” there shallbe substituted “person responsible for the pension arrangement”.

(4) In rule 49.53 (applications for financial provision after overseasdivorce or annulment), in paragraph (4)(b) for “trustees or managers”there shall be substituted “person responsible for the pensionarrangement”.

(5) In the Appendix–

(a)in Form 49.8-M–

(i)in the heading, for “trustees or managers of” there shall besubstituted “person responsible for”; and

(ii)for “scheme”, in each place where it appears, there shall besubstituted “arrangement”; and

(b)after Form 49.8-M there shall be inserted as Form 49.8-MA the form inthe Schedule to this Act of Sederunt.

Rodger of Earlsferry

Lord President I.P.D.

Edinburgh

16th November 2000

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources