Applications relating to orders for financial provisionS
33A.48.(1)An application–
(a)after final decree under any of the following provisions of the Act of 1985–
(i)section 8(1) for periodical allowance;
(ii)section 12(1)(b) (payment of capital sum or transfer of property);
(iii)section 12(4) (variation of date or method of payment of capital sum or date of transfer of property); or
(iv)section 13(4) (variation, recall, backdating or conversion of periodical allowance); or
(b)after the grant or refusal of an application under–
(i)section 8(1) or 14(3) for an incidental order; or
(ii)section 14(4) (variation or recall of incidental order),
shall be made by minute in the process of the action to which the application relates.
(2)Where a minute is lodged under paragraph (1), any party may lodge a motion for any interim order which may be made pending the determination of the application.
(3)An application under–
(a)paragraph (5) of section 12A of the Act of 1985 F1 (recall or variation of order in respect of a pension lump sum);
(b)paragraph (7) of that section F2 (variation of order in respect of pension lump sum to substitute trustees or managers); or
(c)section 28(10) or 48(9) of the Welfare Reform and Pensions Act 1999,
shall be made by minute in the process of the action to which the application relates.
Textual Amendments
F1Section 12A(5) was inserted by the Pensions Act 1995 (c. 26), section 167(3) and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 84 and Schedule 12, Part 1, paragraph 9(1)(6).
F2Section 12A(7) was inserted by the Pensions Act 1995 (c. 26), section 167(3) and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 84 and Schedule 12, Part 1, paragraph 9(1)(8).