Part III

JURISDICTION IN CONSISTORIAL CAUSES (SCOTLAND)

Ancillary and collateral orders.
10
1
Where after the commencement of this Act an application is competently made to the Court of Session or to a sheriff court for the making, or the variation or recall, of an order which is ancillary or collateral to an action for any of the following remedies, namely, divorce, separation, declarator of marriage and declarator of nullity of marriage (whether the application is made in the same proceedings or in other proceedings and whether it is made before or after the pronouncement of a final decree in the action), then, if the court has or, as the case may be, had by virtue of this Act or of any enactment or rule of law in force before the commencement of this Act jurisdiction to entertain the action, it shall have jurisdiction to entertain the application . . . whether or not it would have jurisdiction to do so apart from this subsection.
1A
For the purposes of subsection (1) above, references to an application for the making, or the variation or recall, of an order are references to the making, or the variation or recall, of an order relating to children, aliment, financial provision on divorce, judicial separation, nullity of marriage or expenses.
1B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1BA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
It is hereby declared that where—
a
the Court of Session has jurisdiction by virtue of this section to entertain an application for the variation or recall as respects any person of an order made by it, and
b
the order is one to which section 8 (variation and recall by the sheriff of certain orders made by the Court of Session) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 applies,
then, for the purposes of any application under the said section 8 for the variation or recall of the order in so far as it relates to that person, the sheriff, as defined in that section, has jurisdiction as respects that person to exercise the power conferred on him by that section.
Words in s. 10(1) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 20(2)(a)(i) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Words in s. 10(1) repealed (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 20(2)(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
S. 10(1A) inserted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 20(2)(b) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
1966 c. 19.
S. 10(1B) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(4) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
S. 10(1C) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 7(3)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
S. 10(1D) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 7(3)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
S. 10(1BA) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(4) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)