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Family Law (Scotland) Act 1985

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27 Interpretation.S

(1)In this Act, unless the context otherwise requires—

  • action” means an action brought after the commencement of this Act;

  • action for aliment” has the meaning assigned to it by section 2(3) of this Act;

  • aliment” does not include alimentpendente lite or interim aliment under section 6 of this Act;

  • [F1benefits under a pension arrangement” includes any benefits by way of pension, including relevant state scheme rights, whether under a pension arrangement or not;]

  • caravan” means a caravan which is mobile or affixed to the land;

  • child” includes [F2a child whether or not his parents have ever been married to one another], and any reference to the child of a marriage (whether or not subsisting) includes a child (other than a child who has been boarded out with the parties, or one of them, by a local or other public authority or a voluntary organisation) who has been accepted by the parties as a child of the family;

[F3“child support maintenance” has the meaning assigned to it by section 3(6) of the Child Support Act 1991;]

  • the court” means the Court of Session or the sheriff, as the case may require;

  • decree” in an action for aliment includes an order of the court awarding aliment;

  • family” includes a one-parent family;

  • incidental order” has the meaning assigned to it by section 14(2) of this Act;

[F3“maintenance assessment” has the meaning assigned to it by section 54 of the Child Support Act 1991;]

  • marriage”, in relation to an action for declarator of nullity of marriage, means purported marriage;

  • matrimonial home” has the meaning assigned to it by section 22 of the M1Matrimonial Homes (Family Protection) (Scotland) Act 1981 [F4as amended by section 13(10) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985];

  • needs” means present and foreseeable needs;

  • obligation of aliment” shall be construed in accordance with section 1(2) of this Act;

  • order for financial provision” means an order under section 8(2) of this Act and, in sections 18(1) and 22(c) of this Act, also includes an order under section 5(2) of the M2Divorce (Scotland) Act 1976;

  • party to a marriage” and “party to the marriage” include a party to a marriage which has been terminated or annulled;

  • [F5pension arrangement” means—

    (a)

    any occupational pension scheme within the meaning of the M3Pension Schemes Act 1993;

    (b)

    a personal pension scheme within the meaning of that Act;

    (c)

    a retirement annuity contract;

    (d)

    an annuity or insurance policy purchased or transferred for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme;

    (e)

    an annuity purchased or entered into for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;]

  • [F6person responsible for a pension arrangement” means—

    (a)

    in the case of an occupational pension scheme or a personal pension scheme, the trustees or managers of the scheme;

    (b)

    in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement” above, the provider of the annuity;

    (c)

    in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer;]

  • property” in sections 8, 12, 13 and 15 of this Act does not include a tenancy transferable under section 13 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

  • [F7relevant state scheme rights” means—

    (a)

    entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the M4Social Security Contributions and Benefits Act 1992 or under corresponding Northern Ireland legislation; and

    (b)

    entitlement, or prospective entitlement, to a pension under section 55A of the M5Social Security Contributions and Benefits Act 1992 (shared additional pension) or under corresponding Northern Ireland legislation;]

  • resources” means present and foreseeable resources;

  • [F8retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the M6Income and Corporation Taxes Act 1988;]

  • [F9trustees or managers” in relation to an occupational pension scheme or a personal pension scheme means—

    (a)

    in the case of a scheme established under a trust, the trustees of the scheme; and

    (b)

    in any other case, the managers of the scheme;]

  • voluntary organisation” means a body, other than a local or other public authority, the activities of which are not carried on for profit.

(2)For the purposes of this Act, the parties to a marriage shall be held to cohabit with one another only when they are in fact living together as man and wife.

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Amendments (Textual)

F1S. 27(1): definition of “benefits under a pension arrangement”inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt I para. 12; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F3Definitions in s. 27(1) inserted (5.4.1993) by S.I. 1993/660, art. 2(6).

F5S. 27(1): definition of “pension arrangement”inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 12; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F6S. 27(1): definition of “person responsible for a pension arrangement”inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 12; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F7S. 27(1): definition of “relevant state scheme rights”inserted (1.12.2000) by 1999 c. 30, ss. 84, 89(1), Sch. 12 Pt. I para. 12; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F8S. 27(1): definition of “retirement annuity contract”inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 12; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F9S.27(1): definition of “trustees or managers”inserted (1.12.2000) by 1999 C. 30, ss. 84, 89(1), Sch. 12 Pt. I para. 12

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