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(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021.
(2) It comes into force on 1st March 2021.
(3) A certified copy is to be inserted in the Books of Sederunt.
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(1) The Rules of the Court of Session 1994 are amended in accordance with this paragraph.
(2) For rule 49.91(1) (action for declarator in relation to certain foreign decrees), 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.”.
(3) In the appendix (forms)—
(a) in Form 49.73-A (form of simplified divorce application under section 1(2)(d) of the Divorce (Scotland) Act 1976)—
(i) in the Notes on Section 3, omit—(aa) the definition of “the Council Regulation”;(bb) the list of Contracting States;
(ii) in the Notes on Section 4, for “General Register Office (Scotland)” substitute “National Records of Scotland”;
(iii) in Part 1, for Section 3 (jurisdiction), substitute—“”
(b) in Form 49.73-B (form of simplified divorce application under section 1(2)(e) of the Divorce (Scotland) Act 1976)—
(i) in the Notes on Section 4—(aa) for “GENERAL REGISTER OFFICE” substitute “NATIONAL RECORDS OF SCOTLAND”;(bb) for “General Register Office” where it occurs and “General Register Office (Scotland)” substitute “National Records of Scotland”;
(ii) in the Notes on Section 5, omit—(aa) the definition of “the Council Regulation”;(bb) the list of Contracting States;
(iii) in Part 1, for Section 5 (jurisdiction), substitute—“”
(c) in Form 49.73-C (form of simplified divorce application under section 1(1)(b) of the Divorce (Scotland) Act 1976)—
(i) in the direction for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
(ii) in the Notes on Section 4—(aa) for “GENERAL REGISTER OFFICE” substitute “NATIONAL RECORDS OF SCOTLAND”;(bb) for “General Register Office” where it occurs and “General Register Office (Scotland)” substitute “National Records of Scotland”;
(iii) in the Notes on Section 5, omit—(aa) the definition of “the Council Regulation”;(bb) the list of Contracting States;
(iv) in Part 1, for Section 5 (jurisdiction), substitute—“”
(d) in Form 49.80B-A (form of simplified dissolution of civil partnership application under section 117(3)(c) of the Civil Partnership Act 2004)—
(i) in the Notes on Section 4, for “General Register Office (Scotland)” substitute “National Records of Scotland”;
(ii) in Part 1, for Section 3 (jurisdiction), substitute—“”
(e) in Form 49.80B-B (form of simplified dissolution of civil partnership application under section 117(3)(d) of the Civil Partnership Act 2004)—
(i) in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
(ii) in the Notes on Section 4—(aa) for “GENERAL REGISTER OFFICE” substitute “NATIONAL RECORDS OF SCOTLAND”;(bb) for “General Register Office” where it occurs and “General Register Office (Scotland)” substitute “National Records of Scotland”;
(iii) in Part 1, for Section 5 (jurisdiction), substitute—“”
(f) in Form 49.80B-C (form of simplified dissolution of civil partnership application under section 117(2)(b) of the Civil Partnership Act 2004)—
(i) in the directions for making application, in direction 3(i), for “General Register Office” substitute “National Records of Scotland”;
(ii) in the Notes on Section 4—(aa) for “GENERAL REGISTER OFFICE” substitute “National Records of Scotland”;(bb) for “General Register Office” where it occurs and “General Register Office (Scotland)” substitute “National Records of Scotland”;
(iii) in Part 1, for Section 5 (jurisdiction), substitute—“”
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(1) The Ordinary Cause Rules 1993 are amended in accordance with this paragraph.
(2) In rule 33.2(2)(b)(v) (averments in certain family actions about other proceedings) 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 responsibility”.
(3) For rule 33.96(1) (action of declarator in relation to certain foreign decrees), 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), 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)—
(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)—
(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), 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)—
(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)—
(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—“”
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The amendment made by paragraph 3(2) does not apply in relation to proceedings to which rule 33.2 (averments in certain family actions about other proceedings) of the Ordinary Cause Rules 1993 applies which are instituted before IP completion day.
CJM SUTHERLAND
Lord President
I.P.D.
Edinburgh
16th February 2021