Search Legislation

Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 2) (Marriage and Civil Partnership (Scotland) Act 2014) 2014

What Version

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

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made).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

Amendment of the Appendix to the Rules of the Court of Session

4.—(1) The Rules of the Court of Session are amended in accordance with the following subparagraphs.

(2) In Form 13.2-B (Principal forms of conclusion), omit paragraph (16).

(3) In Form 49.14-A (Form of notice to defender where it is stated that he consents to decree of divorce)—

(a)in paragraphs 1 and 2, for “husband [or wife]” substitute “spouse”;

(b)in paragraph 2(a), for “wife’s [or husband’s]” substitute “spouse’s”;

(c)in paragraph 2(b), omit “(the State widow’s pension will not be payable to you when your husband dies)” and substitute “or widower”.

(4) In Form 49.14-C (Form of notice to defender where it is stated that he consents to decree of separation)—

(a)in paragraphs 1, 2 and 3, for “husband [or wife]” substitute “spouse”;

(b)in paragraph 2, for “husband” wherever it appears substitute “spouse”.

(5) In Form 49.14-E (Form of notice to defender in action of divorce where it is stated there has been two years non-cohabitation)—

(a)in paragraph 2(a), for “wife’s [or husband’s]” substitute “spouse’s”;

(b)in paragraph 2(b), omit “(the State widow’s pension will not be payable to you when your husband dies)” and substitute “or widower”.

(6) In Form 49.14-F (Form of notice to defender in an action of separation where it is stated there has been two years non-cohabitation)—

(a)in paragraphs 2(a) and 3(b), for “husband [or wife]” substitute “spouse”;

(b)in paragraph 2(b), for “husband” substitute “spouse”.

(7) In Form 49.14-G (Form of notice to defender in action of divorce where an interim gender recognition certificate has been issued)—

(a)for paragraph 1 substitute—

(b)in paragraph 2(a), for “wife’s [or husband’s]” substitute “spouse’s”.

(8) In Form 49.73-A—

(a)in the heading, for “husband and wife” substitute “spouses”;

(b)for “husband/wife” where it appears, substitute “spouse”;

(c)in Part 1, in the Notes on Sections 1 and 2, paragraph (ii) is omitted and paragraph (iii) is renumbered as paragraph (ii);

(d)in Part 1, in the Notes on Section 4, for “husband’s and wife’s” substitute “spouses’”.

(9) In Form 49.73-B—

(a)in the heading, for “husband and wife” substitute “spouses”;

(b)for “husband/wife” where it appears, substitute “spouse”;

(c)in Part 1, in the Notes on Sections 1 and 2, paragraph (ii) is omitted and paragraph (iii) is renumbered as paragraph (ii);

(d)in Part 1, in the Notes on Section 4, for “husband’s and wife’s” substitute “spouses’”.

(10) In Form 49.73-C, in Part 1—

(a)for “husband/wife” wherever it appears, substitute “spouse”;

(b)in the Notes on Sections 1 and 2, paragraph (ii) is omitted and paragraph (iii) is renumbered as paragraph (ii);

(c)in the Notes on Section 4, for “husband’s and wife’s” substitute “spouses’”.

(d)in section 7, after paragraph (ii), insert—

(11) In Form 49.76-A (Form of citation in simplified divorce application under section 1(2)(d) of the Divorce (Scotland) Act 1976)—

(a)in the heading, for “husband and wife” substitute “spouses”;

(b)for “husband [or wife]” substitute “spouse”.

(12) In Form 49.76-B (Form of citation in simplified divorce application under section 1(2)(e) of the Divorce (Scotland) Act 1976)—

(a)in the heading, for “husband and wife” substitute “spouses”;

(b)for “husband [or wife]” wherever it appears substitute “spouse”.

(13) In form 49.76-BA (Form of citation in simplified divorce application under section 1(1)(b) of the Divorce (Scotland) Act 1976), throughout the form for “husband/wife” and for “husband [or wife]” substitute “spouse”.

(14) In Form 49.76-C (Form of intimation to child or next-of-kin in simplified divorce application under section 1(2)(e) or (1)(b) of the Divorce (Scotland) Act 1976), in the heading, for “husband and wife” substitute “spouses”.

(15) In Form 67.8-A (Application for an adoption order under section 29 or 30 of the Adoption and Children (Scotland) Act 2007), in statement of fact B5 for “husband and wife/civil partners” substitute “married to each other”.

(16) In Form 67.8-B (Application for an order under section 59(1) of the Adoption and Children (Scotland) Act 2007), in statement of fact B5 for “husband and wife/civil partners” substitute “married to each other”.

(17) In Form 67.25 (Application for a Convention adoption order under regulation 53 of the Adoption with Foreign Element (Scotland) Regulations 2009), in statement of fact B5 for “husband and wife/civil partners” substitute “married to each other”.

(18) In Form 97.3 (Form of petition for parental order under section 54 of the Human Fertilisation and Embryology Act 2008), in statement of fact 1 for “husband and wife” substitute “spouses”.

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources