- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Family Law (Scotland) Act 2006, SCHEDULE 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(introduced by section 45(1))
1SIn section 7 of the Domicile and Matrimonial Proceedings Act 1973 (jurisdiction of Court of Session)—
(a)in paragraph (a) of subsection (1)—
(i)after “marriage”, where it first occurs, there shall be inserted “ or ”; and
(ii)the words “declarator of freedom and putting to silence” shall be repealed;
(b)subsection (2) shall be repealed; and
(c)in subsection (5)—
(i)after “marriage”, where it secondly occurs, there shall be inserted “ or ”; and
(ii)“or declarator of freedom and putting to silence” shall be repealed.
Commencement Information
I1Sch. 2 para. 1 in force at 4.5.2006 by S.S.I. 2006/212, art. 2 (with art. 4)
F12S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 2 para. 2 repealed (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), s. 19(3), Sch. 2 (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3 (with art. 4)
Commencement Information
I2Sch. 2 para. 2 in force at 4.5.2006 by S.S.I. 2006/212, art. 2
3SIn subsection (3) of section 12 of the Land Registration (Scotland) Act 1979 (Keeper's indemnity in respect of loss), at the end there shall be added—
“(r)the loss is suffered by the estate of a deceased former spouse in respect of heritable property falling to it where the title to the property or to any interest in the property has been acquired by another person and is unchallengeable by virtue of section 19 of the Family Law (Scotland) Act 2006 (asp 2);
(s)the loss is suffered by the estate of a deceased former civil partner in respect of heritable property falling to it where the title to the property or to any interest in the property has been acquired by another person and is unchallengeable by virtue of section 124A of the Civil Partnership Act 2004 (c. 33).”
Commencement Information
I3Sch. 2 para. 3 in force at 4.5.2006 by S.S.I. 2006/212, art. 2
4(1)The Matrimonial Homes (Family Protection) (Scotland) Act 1981 shall be amended as follows.S
(2)In subsection (1) of section 3 (regulation by court of rights of occupancy of matrimonial home), at the beginning there shall be inserted “ Subject to section 1(7) of this Act, ”.
(3)In the proviso to section 17(2), for “10” there shall be substituted “ 8 ”.
Commencement Information
I4Sch. 2 para. 4 in force at 4.5.2006 by S.S.I. 2006/212, art. 2
5(1)The Family Law (Scotland) Act 1985 shall be amended as follows.S
(2)In subsection (2) of section 12A (orders for payment of capital sum: pensions lump sum), for “party”, where it first occurs, there shall be substituted “ person ”.
(3)In subsection (2) of section 16 (agreements on financial provision), after “divorce”, wherever it occurs, there shall be inserted “ or of dissolution of the civil partnership ”.
(4)In subsection (1) of section 27 (interpretation), in the definition of “partner”, for “has”, where it first occurs, there shall be substituted “ was ”.
Commencement Information
I5Sch. 2 para. 5 in force at 4.5.2006 by S.S.I. 2006/212, art. 2
6(1)The Law Reform (Parent and Child) (Scotland) Act 1986 shall be amended as follows.S
(2)In subsections (1) and (5) of section 7 (actions for declarator), for the words “non-parentage, legitimacy, legitimation or illegitimacy”, in each place where they occur there shall be substituted “ or non-parentage ”.
(3)In section 9 (savings and supplementary provisions)—
(a)in paragraph (b) of subsection (1), at the beginning there shall be inserted “ subject to subsection (1A) below, ”; and
(b)after that subsection, there shall be inserted—
“(1A)Subsections (1) and (2) of section 1 of this Act shall apply in relation to adopted children.”.
Commencement Information
I6Sch. 2 para. 6 in force at 4.5.2006 by S.S.I. 2006/212, art. 2 (with art. 10)
7SIn subsection (7) of section 1 of the Civil Evidence (Family Mediation) (Scotland) Act 1995 (inadmissibility in civil proceedings of information as to what occurred during family mediation)—
(a)the words from “a” to “wife” shall form paragraph (a) of that subsection; and
(b)after “wife” there shall be added “; or
(b)two persons who are not civil partners of each other but are living together as if they were civil partners.”.
Commencement Information
I7Sch. 2 para. 7 in force at 4.5.2006 by S.S.I. 2006/212, art. 2
8SIn subsection (4) of section 12 of the Children (Scotland) Act 1995 (restrictions on decrees for divorce, separation or annulment affecting children)—
(a)the existing words from “the parties” to the end shall become paragraph (a) (with the existing paragraphs (a) and (b) becoming sub-paragraphs (i) and (ii)); and
(b)after the new paragraph (a), there shall be added “; or
“(b)the partners in a civil partnership, means a child who has been treated by both partners as a child of the family which their partnership constitutes.”.
Commencement Information
I8Sch. 2 para. 8 in force at 4.5.2006 by S.S.I. 2006/212, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: