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

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).