Applications by motionS
33A.62.(1)An application under any of the following provisions of the Act of 2004 shall be made by motion in the process of the depending action to which the application relates:–
(a)section 103(4) (interim order for regulation of rights of occupancy, etc.);
(b)section 104(6) (interim order suspending occupancy rights);
(c)section 107(1) (dispensation with civil partner's consent to dealing); and
(d)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Intimation of a motion under paragraph (1) shall be given–
(a)to the other civil partner;
(b)where the motion is under paragraph (1)(a) or (b) and the entitled civil partner is a tenant or occupies the family home by the permission of a third party, to the landlord or third party, as the case may be; and
(c)to any other person to whom intimation of the application was or is to be made by virtue of rule 33A.7(1)(i) (warrant for intimation to certain persons in actions for orders under Chapter 3 of Part 3 of the Act of 2004) or rule 33A.15 (order for intimation by sheriff).
Textual Amendments
F1Sch. 1 rule 33A.62(1)(d) omitted (4.5.2006) by virtue of Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(53)}