http://www.legislation.gov.uk/ssi/2012/188/article/5Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012Dissolution of civil partnershipsCivil partnershipLegislationenSHERIFF COURT2026-07-08Statute Law Database2012-06-06 This Act of Sederunt makes various amendments to the Ordinary Cause Rules; and some minor amendments to other sets of sheriff court rules. <Abbreviation Expansion="the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 c. 51">Ordinary Cause Rules</Abbreviation>: Applications under section 28 or 29 of the Family Law (Scotland) Act 200651Chapter33 (family actions) of the Ordinary Cause Rules is amended in accordance with the following subparagraphs.2In rule 33.1 (interpretation of Chapter 33: family actions)—aafter paragraph(1)(p) insert—qan application under section 28 or 29 of the Act of 2006 (financial provision for former co-habitants).;bin paragraph(2) after the definition of “the Act of 1995” insert—“the Act of 2006” means the Family Law (Scotland) Act 2006;.3After rule 33.6 (averments where aliment or financial provision sought)—Application by survivor for provision on intestacy33.6A1In an action for an order under section29(2) of the Act of 2006 (application by survivor for provision on intestacy), the pursuer shall call the deceased’s executor as a defender.2An application under section 29(9) of the Act of 2006 for variation of the date or method of payment of the capital sum shall be made by minute in the process of the action to which the application relates.3Words and expressions used in this rule shall have the same meaning as in section29 of the Act of 2006..4In rule33.7 (warrants and forms for intimation)—ain paragraph(1)(a)(i), for “every child of the marriage” substitute “every person who is a child of the family (as defined in section 12(4)(a) of the Act of 1995)”;bin paragraph(1)(b), for “in an action” substitute “in an action of divorce”;cafter paragraph(1)(o), insert—pin an action where a pursuer makes an application for an order under section 29(2) of the Act of 2006 (application by survivor for provision on intestacy) to any person having an interest in the deceased’s net estate, and a notice of intimation in Form F12E shall be attached to the initial writ intimated to any such person.;dfor paragraph(2) substitute—2Expressions used in—aparagraph(1)(k) which are also used in the Act of 1981; andbparagraph(1)(p) which are also used in section29 of the Act of 2006,shall have the same meanings as in that Act or section, as the case may be.;ein paragraph(5), for “or (m)” substitute “, (m) or (p)”.5In rule33.16(1) (appointment of curators ad litem to defenders), for “This rule applies to an action of divorce, separation or declarator of nullity of marriage” substitute “This rule applies to a family action”.6In rule33.26 (joint minutes)—aat the end of subparagraph(b) omit “or”;bafter subparagraph(c), insert—ordan order under section 28 or 29 of the Act of 2006..7In rule33.28 (evidence in certain undefended family actions), after paragraph(1)(a)(v) insert—vifor an order under section 28 or 29 of the Act of 2006;.8In rule33.33A(1) (late appearance and application for recall by defenders) for “(n)to(p)” substitute “(n) to (q)”.9In rule 33.34 (notice of intention to defend and defences)—aat the end of paragraph(1)(b)(ii) and (iii) omit “or” in each case;bafter paragraph(1)(b)(iii) insert—ivan order for financial provision under section28 or 29 of the Family Law (Scotland) Act 2006; or.10In rule33.37(2)(b) (decree by default) after “(m)” insert “or (q)”.Chapter 33 was last amended by S.S.I. 2011/386.Rule 33.1 was last amended by S.S.I. 2011/193.2006 asp 2.Rule 33.6 was last amended by S.S.I. 2003/26.Rule 33.7 was last amended by S.S.I. 2011/193.Rule 33.16 was last amended by S.S.I. 2006/207.Rule 33.26 was last amended by S.I. 1996/2167.Rule 33.28 was last amended by S.S.I. 2010/416.Rule 33.33A was last amended by S.S.I. 2010/416.Rule 33.37 was last amended by S.S.I. 2010/416.Para. 5 in force at 1.8.2012, see para. 1(1)