Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 2) (Marriage and Civil Partnership (Scotland) Act 2014) 2014

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes changes to the Rules of the Court of Session, the Ordinary Cause Rules, the Summary Application Rules, and the Sheriff Court Adoption Rules consequent on the coming into force of the Marriage and Civil Partnership (Scotland) Act 2014 (“the 2014 Act”).

Paragraphs 2(2), (4) and (5), and 5(2), (4) and (5) amend the Rules of the Court of Session and the Ordinary Cause Rules to make provision concerning actions for declarator of recognition, or non-recognition, of foreign decrees relating to same-sex marriages. The provisions are consequent on amendments to the Domicile and Matrimonial Proceedings Act 1973 effected by the 2014 Act.

Paragraphs 2(3) and 5(3), and certain provisions in paragraphs 4 and 6, make provision consequent on amendments to the Divorce (Scotland) Act 1976 (“the 1976 Act”) effected by the 2014 Act. The effect of the amendments is to require a pursuer in an action of divorce under section 1(1)(b) of the 1976 Act to state whether or not the party issued with an interim gender recognition certificate has since been issued with a full gender recognition certificate by the Gender Recognition Panel.

Paragraphs 3 and 7(2) make provision consequent on amendments to the Gender Recognition Act 2004 (“the 2004 Act”) effected by the 2014 Act. Paragraph 3 amends Chapter 91 of the Rules of the Court of Session to make provision for applications under section 8(5)(b) of the 2004 Act. Paragraph 7(2) inserts provisions in the Summary Application Rules in relation to applications under section 4E of the 2004 Act.

Paragraphs 4, 6, 7(3) and (4), and 8 amend certain forms prescribed in the Rules of the Court of Session, the Ordinary Cause Rules, the Summary Application Rules and the Sheriff Court Adoption Rules, principally to replace gender-specific references that have been superseded by the 2014 Act.