F1Reckoning of non-cohabitation periods in sections 1 and 6
9AEffect of court action under section 3, 4 or 5 on reckoning of periods in sections 1 and 6
1
Subsection (2) applies where an application is made under section 3(1), 4(1) or 5(1) of this Act.
2
In calculating the period of two years mentioned in section 1(7)(a) or 6(3)(f) of this Act, no account shall be taken of the period mentioned in subsection (3) below.
3
The period is the period beginning with the date on which the application is made and—
a
in the case of an application under section 3(1) or 4(1) of this Act, ending on the date on which—
i
an order under section 3(3) or, as the case may be, 4(2) of this Act is made; or
ii
the application is otherwise finally determined or abandoned;
b
in the case of an application under section 5(1) of this Act, ending on the date on which—
i
the order under section 3(3) or, as the case may be, 4(2) is varied or recalled; or
ii
the application is otherwise finally determined or abandoned.
S. 9A and preceding cross-heading inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 8, 46(2); S.S.I. 2006/212, art. 2 (with art. 3)