2021 No. 75
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021
Made
Laid before the Scottish Parliament
Coming into force
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20131, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 20142 and all other powers enabling it to do so.
Citation and commencement etc.1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021.
2
It comes into force on 1st March 2021.
3
A certified copy is to be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session 19942
1
The Rules of the Court of Session 19943 are amended in accordance with this paragraph.
2
For rule 49.91(1) (action for declarator in relation to certain foreign decrees)4, substitute—
1
This rule applies to an action for declarator of recognition, or non-recognition, of a decree of divorce, nullity or separation granted outwith the United Kingdom, the Channel Islands or the Isle of Man.
3
In the appendix (forms)—
a
in Form 49.73-A (form of simplified divorce application under section 1(2)(d) of the Divorce (Scotland) Act 1976)5—
i
in the Notes on Section 3, omit—
aa
the definition of “the Council Regulation”;
bb
the list of Contracting States;
ii
in the Notes on Section 4, for “General Register Office (Scotland)” substitute “National Records of Scotland”;
iii
in Part 1, for Section 3 (jurisdiction), substitute—
b
in Form 49.73-B (form of simplified divorce application under section 1(2)(e) of the Divorce (Scotland) Act 1976)6—
i
in the Notes on Section 4—
aa
for “GENERAL REGISTER OFFICE” substitute “NATIONAL RECORDS OF SCOTLAND”;
bb
for “General Register Office” where it occurs and “General Register Office (Scotland)” substitute “National Records of Scotland”;
ii
in the Notes on Section 5, omit—
aa
the definition of “the Council Regulation”;
bb
the list of Contracting States;
iii
in Part 1, for Section 5 (jurisdiction), substitute—
c
in Form 49.73-C (form of simplified divorce application under section 1(1)(b) of the Divorce (Scotland) Act 1976)7—
i
in the direction for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
ii
in the Notes on Section 4—
aa
for “GENERAL REGISTER OFFICE” substitute “NATIONAL RECORDS OF SCOTLAND”;
bb
for “General Register Office” where it occurs and “General Register Office (Scotland)” substitute “National Records of Scotland”;
iii
in the Notes on Section 5, omit—
aa
the definition of “the Council Regulation”;
bb
the list of Contracting States;
iv
in Part 1, for Section 5 (jurisdiction), substitute—
d
in Form 49.80B-A (form of simplified dissolution of civil partnership application under section 117(3)(c) of the Civil Partnership Act 2004)8—
i
in the Notes on Section 4, for “General Register Office (Scotland)” substitute “National Records of Scotland”;
ii
in Part 1, for Section 3 (jurisdiction), substitute—
e
in Form 49.80B-B (form of simplified dissolution of civil partnership application under section 117(3)(d) of the Civil Partnership Act 2004)9—
i
in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
ii
in the Notes on Section 4—
aa
for “GENERAL REGISTER OFFICE” substitute “NATIONAL RECORDS OF SCOTLAND”;
bb
for “General Register Office” where it occurs and “General Register Office (Scotland)” substitute “National Records of Scotland”;
iii
in Part 1, for Section 5 (jurisdiction), substitute—
f
in Form 49.80B-C (form of simplified dissolution of civil partnership application under section 117(2)(b) of the Civil Partnership Act 2004)10—
i
in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
ii
in the Notes on Section 4—
aa
for “GENERAL REGISTER OFFICE” substitute “National Records of Scotland”;
bb
for “General Register Office” where it occurs and “General Register Office (Scotland)” substitute “National Records of Scotland”;
iii
in Part 1, for Section 5 (jurisdiction), substitute—
Amendment of the Ordinary Cause Rules 19933
1
The Ordinary Cause Rules 199311 are amended in accordance with this paragraph.
2
3
For rule 33.96(1) (action of declarator in relation to certain foreign decrees)14, substitute—
1
This rule applies to an action for declarator of recognition, or non-recognition, of a decree of divorce, nullity or separation granted outwith the United Kingdom, the Channel Islands or the Isle of Man.
4
In Appendix 1 (forms)—
a
in Form F31 (form of simplified divorce application under section 1(2)(d) of the Divorce (Scotland) Act 1976)15, in Part 1, for paragraph 3 (jurisdiction), substitute—
b
in Form F33 (form of simplified divorce application under section 1(2)(e) of the Divorce (Scotland) Act 1976)16—
i
in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
ii
in Part 1, for paragraph 5 (jurisdiction), substitute—
c
in Form F33A (form of simplified divorce application under section 1(1)(b) of the Divorce (Scotland) Act 1976)17—
i
in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
ii
in Part 1, for paragraph 5 (jurisdiction), substitute–
d
in Form CP29 (form of simplified dissolution of civil partnership application under section 117(3)(c) of the Civil Partnership Act 2004)18, in Part 1, for paragraph 3 (jurisdiction), substitute—
e
in Form CP30 (form of simplified dissolution of civil partnership application under section 117(3)(d) of the Civil Partnership Act 2004)19—
i
in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
ii
in Part 1, for paragraph 5 (jurisdiction), substitute—
f
in Form CP31 (form of simplified dissolution of a civil partnership application on grounds under section 117(2)(b) of the Civil Partnership Act 2004)20—
i
in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
ii
in Part 1, for paragraph 5 (jurisdiction), substitute—
Saving and transitional provision4
(This note is not part of the Act of Sederunt)