Act of Sederunt (Rules of the Court of Session Amendment No. 7) (Pension Sharing on Divorce etc.) 2000

Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session 1994(1) shall be amendedin accordance with the following sub-paragraphs.

(2) In rule 49.8 (warrants for intimation in family actions)–

(a) in paragraph (1), for sub-paragraph (l) there shall be substituted–“???”

(l) in an action where the pursuer makes an application for an orderunder–

(i) section 8(1)(ba) of the Act of 1985 (orders under s.12A of the Act of1985 for pension lump sum), or

(ii) section 8(1)(baa) of that Act (pension sharing orders),

to the person responsible for the pension arrangement, in thefollowing terms “Warrant to intimate to (name and address) asthe person responsible for the pension arrangement in respect of which anorder is sought in the (number) conclusion of this summons.”;

(b) in paragraph (3), for sub-paragraph (m) there shall be substituted–“???”

(m) under–

(i) paragraph (1)(l)(i) (orders for pension lump sums), in Form 49.8-M; and

(ii) paragraph (1)(l)(ii) (pension sharing orders), in Form 49.8-MA.

(3) In rule 49.49 (applications relating to orders for financialprovision), in paragraph (3)(b) for “trustees or managers” there shallbe substituted “person responsible for the pension arrangement”.

(4) In rule 49.53 (applications for financial provision after overseasdivorce or annulment), in paragraph (4)(b) for “trustees or managers”there shall be substituted “person responsible for the pensionarrangement”.

(5) In the Appendix–

(a) in Form 49.8-M–

(i) in the heading, for “trustees or managers of” there shall besubstituted “person responsible for”; and

(ii) for “scheme”, in each place where it appears, there shall besubstituted “arrangement”; and

(b) after Form 49.8-M there shall be inserted as Form 49.8-MA the form inthe Schedule to this Act of Sederunt.

(1)

S.I. 1994/1443 as amended. The relevant amendments are theinsertion by S.I. 1996/1756, paragraph 2, of rules 49.8(1)(l) and (3)(m),49.49(3) and 49.53(4) and of Form 49.8-M in the Appendix.