http://www.legislation.gov.uk/id/ssi/2021/75

Amendment of the Ordinary Cause Rules 19933

1

The Ordinary Cause Rules 199311 are amended in accordance with this paragraph.

2

In rule 33.2(2)(b)(v) (averments in certain family actions about other proceedings)12 omit “or Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 concerning the jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility13”.

3

For rule 33.96(1) (action of declarator in relation to certain foreign decrees)14, substitute—

1
This rule applies to an action for declarator of recognition, or non-recognition, of a decree of divorce, nullity or separation granted outwith the United Kingdom, the Channel Islands or the Isle of Man.

4

In Appendix 1 (forms)—

a

in Form F31 (form of simplified divorce application under section 1(2)(d) of the Divorce (Scotland) Act 1976)15, in Part 1, for paragraph 3 (jurisdiction), substitute—

b

in Form F33 (form of simplified divorce application under section 1(2)(e) of the Divorce (Scotland) Act 1976)16—

i

in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;

ii

in Part 1, for paragraph 5 (jurisdiction), substitute—

c

in Form F33A (form of simplified divorce application under section 1(1)(b) of the Divorce (Scotland) Act 1976)17—

i

in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;

ii

in Part 1, for paragraph 5 (jurisdiction), substitute–

d

in Form CP29 (form of simplified dissolution of civil partnership application under section 117(3)(c) of the Civil Partnership Act 2004)18, in Part 1, for paragraph 3 (jurisdiction), substitute—

e

in Form CP30 (form of simplified dissolution of civil partnership application under section 117(3)(d) of the Civil Partnership Act 2004)19—

i

in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;

ii

in Part 1, for paragraph 5 (jurisdiction), substitute—

f

in Form CP31 (form of simplified dissolution of a civil partnership application on grounds under section 117(2)(b) of the Civil Partnership Act 2004)20—

i

in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;

ii

in Part 1, for paragraph 5 (jurisdiction), substitute—