Act of Sederunt (Ordinary Cause Rules) Amendment (Civil Partnership Act 2004) 2005

• (3) In Appendix 1, after Form F43 there shall be inserted the forms set out in the Schedule to this Act of Sederunt.

SCHEDULE

FORM CP1 — Form of intimation to children and next-of-kin in an action of dissolution of civil partnership or separation of civil partners where defender’s address is not known

FORM CP2 — Form of intimation to children, next-of-kin, guardian and attorney in action of dissolution of civil partnership or separation of civil partners where defender suffers from a mental disorder

FORM CP3 — Form of intimation to a local authority or third party who may be liable to maintain a child in a civil partnership action

FORM CP4 — Form of intimation to person who in fact exercises care or control of a child in a civil partnership action

FORM CP5 — Form of notice to parent or guardian in a civil partnership action which includes a crave for a section 11 order in respect of a child

FORM CP6 — Form of notice to local authority requesting a report in respect of a child in a civil partnership action

FORM CP7 — Form of intimation in a civil partnership action which includes a crave for a section 11 order

FORM CP8 — Form of intimation to creditor in application for order for the transfer of property under section 8 of the Family Law (Scotland) Act 1985 in a civil partnership action

FORM CP9 — Form of intimation in a civil partnership action where the pursuer makes an application for an order under section 18 of the Family Law (Scotland) Act 1985

FORM CP10 — Form of intimation in an action where an application is made under Chapter 3 of Part 3 of the Civil Partnership Act 2004

FORM CP11 — Form of intimation to person responsible for pension arrangement in relation to an order for payment in respect of pension lump sum under section 12A of the Family Law (Scotland) Act 1985 in a civil partnership action

FORM CP12 — Form of intimation to person responsible for pension arrangement in relation to pension sharing order under section 8(1)(baa) of the Family Law (Scotland) Act 1985 in a civil partnership action

FORM CP13 — Form of intimation to person with whom an association is alleged to have occurred in a civil partnership action

FORM CP14 — Form of warrant of citation in a civil partnership action

FORM CP15 — Form of citation in a civil partnership action

FORM CP 16 — Form of notice of intention to defend in a civil partnership action

FORM CP17 — Form of certificate of citation in a civil partnership action

FORM CP18 — Form of request to medical officer of hospital or similar institution in a civil partnership action

FORM CP19 — Form of certificate by medical officer of hospital or similar institution in a civil partnership action

FORM CP20 — Form of notice to defender where it is stated that defender consents to granting decree of dissolution of a civil partnership

FORM CP21 — Form of notice of consent in actions of dissolution of a civil partnership under section 117(3)(c) of the Civil Partnership Act 2004

FORM CP22 — Form of notice to defender where it is stated that defender consents to the granting of decree of separation of civil partners

FORM CP23 — Form of notice of consent in actions of separation of civil partners under section 120 of the Civil Partnership Act 2004

FORM CP24 — Form of notice to defender in an action for dissolution of a civil partnership where it is stated there has been five years' non-cohabitation

FORM CP25 — Form of notice to defender in an action for separation of civil partners where it is stated there has been five years' non-cohabitation

FORM CP26 — Form of intimation to parties of a Child Welfare Hearing in a civil partnership action

FORM CP27 — Form of minute for decree in a civil partnership action to which rule 33A.29 applies

FORM CP28 — Form of certificate of delivery of documents to chief constable in a civil partnership action

FORM CP29 — Form of simplified dissolution of civil partnership application under section 117(3)(c) of the Civil Partnership Act 2004

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

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

FORM CP32 — Form of citation in application relying on facts in section 117(3)(c) of the Civil Partnership Act 2004

FORM CP33 — Form of citation in application relying on facts in section 117(3)(d) of the Civil Partnership Act 2004

FORM CP34 — Form of citation in application on grounds under section 117(2)(b) of the Civil Partnership Act 2004

FORM CP35 — Form of intimation of simplified dissolution of a civil partnership application for display on the walls of court

FORM CP36 — Form of intimation to children of the family and next-of-kin in a simplified dissolution of a civil partnership application

FORM CP37 — Form of extract decree of dissolution of a civil partnership in an application for a simplified dissolution of a civil partnership

Signed

A. C. Hamilton — Lord President I.P.D. — 7th December 2005

Explanatory note

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

This Act of Sederunt amends the rules of procedure in the sheriff court to make provision in consequence of the Civil Partnership Act 2004 (“the 2004 Act”).

Paragraph 2(2) inserts a new Chapter 33A into the ordinary cause rules set out in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 in relation to civil partnership actions.

Part 1 of new Chapter 33A (new rules 33A.1 to 33A.28) makes general provision relating to civil partnership actions. In particular it makes provision in relation to the meaning of terms used in the new Chapter 33A (rule 33A.1), the averments that must be made in civil partnership actions in particular circumstances (rules 33A.2 to 33A.6), citation, service and intimation in civil partnership actions (rules 33A.7 to 33A.15), the appointment of curators ad litem to mentally disordered offenders (rule 33A.16), notices of consent to dissolution of a civil partnership or separation of civil partners (rule 33A.18), and matters concerning children in civil partnership actions, including provision about recording the views of a child and Child Welfare Hearings (rules 33A.19 to 33A.26).

Part II of new Chapter 33A (rules 33A.29 to 33A.33) makes provision in relation to the procedure in undefended civil partnership actions.

Part III of new Chapter 33A (rules 33A.34 to 33A.37) sets out the procedure for defended civil partnership actions including the procedure relating to defences, abandonment, options hearings and decree by default.

Part IV of new Chapter 33A (rules 33A.38 to 33A.43) provides for the procedure applicable to certain applications and orders relating to children in actions for dissolution of civil partnership or separation of civil partners.

Part V of new Chapter 33A (rules 33A.44 to 33A.49) makes provision in relation to applications for orders relating to financial provision in civil partnership actions.

Part VI of new Chapter 33A (rule 33A.50) provides for the form of application for an order under section 18 of the Family Law (Scotland) Act 1985 relating to avoidance transactions.

Part VII of new Chapter 33A (rules 33A.51 and 33A.52) provides for the procedure relating to applications for an order relating to financial provision after overseas proceedings.

Part VIII of new Chapter 33A (rules 33A.53) provides that a crave for aliment in a civil partnership action must be made in the initial writ or defences.

Part IX of new Chapter 33A (rules 33A.54 to 33A.57) makes provision in relation to applications for orders under section 11 of the Children (Scotland) Act 1995 in civil partnership actions other than actions for dissolution of a civil partnership or separation of civil partners.

Part X of new Chapter 33A (rules 33A.58 to 33A.65) provides for the procedure in relation to actions relating to occupancy rights or tenancies under Chapter 3 or 4 of Part 3 of the Civil Partnership Act 2004.

Part XI of new Chapter 33A (rules 33A.66 to 33A.75) provides for the procedure for applications for simplified dissolution of civil partnerships.

Part XII of new Chapter 33A (rules 33A.76 to 33A.78) makes provision in relation to referrals by the sheriff to the Principal Reporter under section 54 of the Children (Scotland) Act 1995.

Part XIII of new Chapter 33A (rules 33A.79 to 33A.84) provides for the sisting of actions for dissolution of civil partnership or separation of civil partners

Footnotes

[^f00001]: 1971 c. 58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4), the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2), the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 13 and the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43 and was extended by the Child Support Act 1991 (c. 48), sections 39(2) and 49 and the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(2).

[^f00002]: 2004 c. 33.

[^f00003]: 1907 c. 51. Schedule 1 was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445, S.S.I. 2000/239 and 408, 2001/8 and 144, 2002/7, 128 and 566, 2003/25 and 26, 2004/197 and 350 and 2005/20.

[^f00004]: 1985 c. 37.

[^f00005]: 1995 c. 36.

[^f00006]: 2004 c. 33.

[^f00007]: 2004 c. 7.

[^f00008]: 1994 c. 39; section 2(2) was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).

[^f00009]: 2003 asp 13.

[^f00010]: Section 11 was amended by S.S.I. 2005/42.

[^f00011]: 1987 c. 18; section 106 wad amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), Schedule 3, paragraph 7(3).

[^f00012]: 1991 c. 48.

[^f00013]: Section 8 was amended by S.I. 2003/192.

[^f00014]: 2000 asp 4.

[^f00015]: Section 8(1)(aa) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 74 and Schedule 8, paragraph 34(b).

[^f00016]: Section 8(1)(ba) was inserted by the Pensions Act 1995 (c. 26), section 167(1).

[^f00017]: Section 8(1)(baa) was inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 20(1).

[^f00018]: 1958 c. 40; section 11(1) was amended by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 9.

[^f00019]: 1986 c. 55.

[^f00020]: 1975 c. 72.

[^f00021]: 1985 c. 60.

[^f00022]: Section 16(3) was amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), Schedule 3, paragraph 5.

[^f00023]: Section 12A(5) was inserted by the Pensions Act 1995 (c. 26), section 167(3) and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 84 and Schedule 12, Part 1, paragraph 9(1)(6).

[^f00024]: Section 12A(7) was inserted by the Pensions Act 1995 (c. 26), section 167(3) and amended by the Welfare Reform and Pensions Act 1999 (c. 30), section 84 and Schedule 12, Part 1, paragraph 9(1)(8).

[^f00025]: Cmnd. 3986 (1969).

[^f00026]: Section 69 was amended by the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), Schedule 4, paragraph 4(5).