2005 No.189
SHERIFF COURT

Act of Sederunt (Ordinary Cause Rules) Amendment (Gender Recognition Act 2004) 2005

Made
Coming into force
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Citation and commencement1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (Gender Recognition Act 2004) 2005, and shall come into force on 4th April 2005.

(2)

This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Ordinary Cause Rules2.

(1)

The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 19072 are amended in accordance with sub paragraphs (2) and (3).

(2)

In rule 33.1(2), after the definition of “contact order” insert–
  • ““full gender recognition certificate” and “interim gender recognition certificate” mean the certificates issued as such under section 4 or 5 of the Gender Recognition Act 20043;

  • “Gender Recognition Panel” is to be construed in accordance with Schedule 1 to the Gender Recognition Act 2004;”.

(3)

After rule 33.9, insert–

“Productions in action of divorce on ground of issue of interim gender recognition certificate33.9A.

(1)

This rule applies where, in an action of divorce, the ground on which decree of divorce may be granted is that an interim gender recognition certificate has, after the date of the marriage, been issued to either party to the marriage.

(2)

Unless the sheriff otherwise directs, a warrant for citation shall not be granted without there being produced with the initial writ–

(a)

where the pursuer is the subject of the interim gender recognition certificate, the interim gender recognition certificate or, failing that, a certified copy of the interim gender recognition certificate; or

(b)

where the pursuer is the spouse of the person who is the subject of the interim gender recognition certificate, a certified copy of the interim gender recognition certificate.

(3)

For the purposes of this rule, a certified copy of an interim gender recognition certificate shall be a copy of that certificate sealed with the seal of the Gender Recognition Panels and certified to be a true copy by an officer authorised by the President of Gender Recognition Panels.

Application for corrected gender recognition certificate33.9B.

An application for a corrected gender recognition certificate under section 6 of the Gender Recognition Act 2004 by–

(a)

the person to whom a full gender recognition certificate has been issued; or

(b)

the Secretary of State,

shall be made by minute in the process of the action pursuant to which the full gender recognition certificate was issued.”.

CULLEN OF WHITEKIRK
Lord President I.P.D.

Edinburgh

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

This Act of Sederunt further amends Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (“the Ordinary Cause Rules”) and inserts new rules 33.9A and 33.9B.

New rule 33.9A provides that the pursuer, in an application for divorce on the ground that an interim gender recognition certificate has been issued to either party to the marriage, must produce the interim gender recognition certificate (or a certified copy thereof) together with the initial writ.

New rule 33.9B provides that an application for a corrected gender recognition certificate shall be made by minute in the process of the action in relation to which the gender recognition certificate was issued.