Amendment of the Rules of the Court of Session 19942

1

The Rules of the Court of Session 19943 are amended in accordance with this paragraph.

2

For rule 49.91(1) (action for declarator in relation to certain foreign decrees)4, 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)5—

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—

included-document_r00001

b

in Form 49.73-B (form of simplified divorce application under section 1(2)(e) of the Divorce (Scotland) Act 1976)6—

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—

included-document_r00002
included-document_r00003

c

in Form 49.73-C (form of simplified divorce application under section 1(1)(b) of the Divorce (Scotland) Act 1976)7—

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—

included-document_r00004

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)8—

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—

included-document_r00005

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)9—

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—

included-document_r00006

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)10—

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—

included-document_r00007