Article 13 Exemptions for applicants for certain interdicts and ordersI1

Scotland

(1)

The fees provided for by this Order are not payable by a person applying for a specified interdict or for an exclusion order.

(2)

In this article—

(a)

“specified interdict” means an interdict or interim interdict that is—

(i)

a matrimonial interdict within the meaning of section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981^f1 (interdict competent where spouses live together),

(ii)

a domestic interdict within the meaning of section 18A of that Act^f2 (meaning of “domestic interdict”),

(iii)

a relevant interdict under section 113(2) of the Civil Partnership Act 2004^f3 (civil partners: competency of interdict), or

(iv)

otherwise an interdict in respect of which there is an application for a power of arrest to be attached under section 1 of the Protection from Abuse (Scotland) Act 2001^f4 (attachment of power of arrest to interdict), and

(b)

“exclusion order” means an exclusion order under—

(i)

section 4 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981^f5 (exclusion orders),

(ii)

section 76 of the Children (Scotland) Act 1995^f6 (exclusion orders etc.), or

(iii)

section 104 of the Civil Partnership Act 2004 (exclusion orders).

(3)

The exemption in paragraph (1) does not apply to a person applying for a principal remedy other than a specified interdict or exclusion order.

Annotations

Commencement

I1: Art. 13 in force at 1.4.2026, see art. 1(1)

Footnotes

f1: 1981 c. 59. Section 14 was amended by schedule 3 of the Family Law (Scotland) Act 2006 (asp 2) and by S.S.I. 2006/384.
f2: Section 18A was inserted by section 31 of the Family Law (Scotland) Act 2006 (asp 2).
f3: 2004 c. 33. Section 113 was amended by paragraph 8 of schedule 1 and schedule 3 of the Family Law (Scotland) Act 2006 and by S.S.I. 2006/384.
f4: 2001 asp 14. Section 1 was amended by paragraph 1 of schedule 3 of the Family Law (Scotland) Act 2006.
f5: Section 4 was amended by section 13(5) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73). By virtue of section 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981, section 4 applies in certain cases to cohabiting couples.
f6: 1995 c. 36. Section 76 was amended by S.S.I. 2003/583 and paragraph 2 of schedule 5 of the Children’s Hearings (Scotland) Act 2011 (asp 1).