Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
33.47.(1)This Part applies to an action of divorce.
(2)In this Part, “incidental order” has the meaning assigned in section 14(2) of the Act of 1985.
33.48.(1)An application for an order mentioned in paragraph (2) shall be made—
(a)by a crave in the initial writ or defences, as the case may be, in an action to which this Part applies; or
(b)where the application is made by a person other than the pursuer or defender, by minute in that action.
(2)The orders referred to in paragraph (1) are:—
(a)an order for financial provision within the meaning of section 8(3) of the Act of 1985;
(b)an order under section 16(1)(b) or (3) of the Act of 1985 (setting aside or varying agreement as to financial provision);
(c)an order under section 18 of the Act of 1985 (which relates to avoidance transactions); and
(d)an order under section 13 of the M1Act of 1981 (transfer or vesting of tenancy).
Marginal Citations
M11981 c.59; section 13 was amended by the Family Law (Scotland) Act 1985 (c.37), Schedule 1, paragraph 11 and the Housing (Scotland) Act 1987 (c.26), Schedule 23, paragraph 26.
33.49.(1)In an action depending before the sheriff to which this Part applies—
(a)the pursuer or defender, notwithstanding rules 33.34(2) (application by defender for order for financial provision) and 33.48(1)(a) (application for order for financial provision in initial writ or defences), may apply by motion for an incidental order; and
(b)the sheriff shall not be bound to determine such a motion if he considers that the application should properly by by a crave in the initial writ or defences, as the case may be.
(2)In an action depending before the sheriff to which this Part applies, an application under section 14(4) of the Act of 1985 for the variation or recall of an incidental order shall be made by minute in the process of the action to which the application relates.
33.50.An application for, or for the variation or recall of, an order for interim aliment for the pursuer or defender shall be made by motion.
33.51.(1)An application—
(a)after final decree under any of the following provisions of the Act of 1985—
(i)section 8(1) for periodical allowance,
(ii)section 12(1)(b) (payment of capital sum or transfer of property),
(iii)section 12(4) (variation of date or method of payment of capital sum or date of transfer of property), or
(iv)section 13(4) (variation, recall, backdating or conversion of periodical allowance), or
(b)after the grant or refusal of an application under—
(i)section 8(1) or 14(3) for an incidental order, or
(ii)section 14(4) (variation or recall of incidental order),
shall be made by minute in the process of the action to which the application relates.
(2)Where a minute is lodged under paragraph (1), any party may lodge a motion for any interim order which may be made pending the determination of the application.
33.52.An application for an order—
(a)under section 16(1)(a) or (3) of the Act of 1985 (setting aside or varying agreements as to financial provision), or
(b)under section 18 of the Act of 1985 (which relates to avoidance transactions),
made after final decree shall be made by minute in the process of the action to which the application relates.