SCHEDULES

F1first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 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)

Special provisions in relation to particular causes

CHAPTER 33ACIVIL PARTNERSHIP ACTIONS

PART XISIMPLIFIED DISSOLUTION OF CIVIL PARTNERSHIP APPLICATIONS

33ACitation and intimation

1

This rule is subject to rule 33A.70 (citation where address not known).

2

It shall be the duty of the sheriff clerk to cite any person or intimate any document in connection with a simplified dissolution of civil partnership application.

3

The form of citation–

a

in an application relying on the facts in section 117(3)(c) of the Act of 2004 shall be in Form CP32;

b

in an application relying on the facts in section 117(3)(d) of the Act of 2004 shall be in Form CP33; and

c

in an application relying on the facts in section 117(2)(b) of the Act of 2004 shall be in Form CP34.

4

The citation or intimation required by paragraph (2) shall be made–

a

by the sheriff clerk by registered post or the first class recorded delivery service in accordance with rule 5.3 (postal service or intimation);

b

on payment of an additional fee, by a sheriff officer in accordance with rule 5.4(1) and (2) (service within Scotland by sheriff officer); or

c

where necessary, by the sheriff clerk in accordance with rule 5.5 (service on persons furth of Scotland).

5

Where citation or intimation is made in accordance with paragraph (4)(c), the translation into an official language of the country in which service is to be executed required by rule 5.5(6) shall be provided by the party lodging the simplified dissolution of civil partnership application.