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

Scottish Statutory Instruments

2000 No. 412

COURT OF SESSION

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

Made

16th November 2000

Coming into force

1st December 2000

The Lords of Council and Session, under and by virtue of the powersconferred on them by section 5 of the Court of Session Act 1988(1) and of all other powers enabling them in that behalf, do herebyenact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of theCourt of Session Amendment No. 7) (Pension Sharing on Divorce etc.) 2000and shall come into force on 1st December 2000.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session 1994(2) 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.

Rodger of Earlsferry

Lord President I.P.D.

Edinburgh

16th November 2000

Paragraph 2(5)(b)

SCHEDULE

Rule 49.8(3)(m)

FORM 49.8-MA Form of notice of intimation to person responsible for pensionarrangement in relation to application for pension sharing order undersection 8(1)(baa) of the Family Law (Scotland) Act 1985

Explanatory Note

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

This Act of Sederunt amends the Rules of the Court of Session 1994 tosupport applications for pension sharing orders on divorce and makes othertechnical amendments. The amendments made to the 1994 Rules are asfollows–

(a) paragraph 2(2) amends rule 49.8 to make provision for intimation ofapplications under section 8(1)(baa) of the Family Law Scotland Act 1995(“the 1985 Act”) for a pension sharing order on divorce; section8(1)(baa) and related interpretation provisions on pension sharing ordersin this Act were inserted by the Welfare Reform and Pensions Act 1999,c.30, (“the 1999 Act”) section 20 and Schedule 12;

(b) paragraph 2(5)(b) makes provision for a new form (Form 49.8-MA) to beused for such intimation;

(c) paragraph 2(3), (4) and 5(a) makes minor amendments to rules 49.49 and49.53 and related Form 49.8-M (intimation of application for an order for apension lump sum under section 12A of the 1985 Act) to reflect changes interminology made to that section by the 1999 Act (Schedule 12).

(1)

1988 c. 36; section 5 was amended by the Civil Evidence(Scotland) Act 1988 c. 32, section 2(3) and by the Children (Scotland) Act1995 c. 36, Schedule 4, paragraph 45.

(2)

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.