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

This Act of Sederunt amends the Ordinary Cause Rules (“the Rules”) to support applications for pension sharing orders on divorce.

The Act of Sederunt makes the following amendments to the Rules:–

(a)

inserts rule 33.7(1)(m), which provides for application to be made under section 8 of the Family Law (Scotland) Act 1985 (“the 1985 Act”) for a pension sharing order (paragraph 2(2)(b)(ii)). The provisions relating to pension sharing orders were inserted into the 1985 Act by section 20 of and Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30) (“the 1999 Act”);

(b)

inserts Form F12B, in which intimation is to be made on the person responsible for the pension arrangement in respect of which an order in terms of rule 33.7(1)(m) is sought, into Appendix 1 (paragraph 2(3)(b)); and

(c)

makes minor amendment to the wording in rule 33.7(1)(l) and Form F12A for application for and intimation of an order under section 12A of the 1985 Act to reflect changes in terminology made to that section by the 1999 Act (Schedule 12) (paragraphs 2(2)(b)(i) and 2(3)(a)).