Rule 33.3 Averments where section 11 order soughtF6

Scotland

(1)

A party to a family action, who makes an application in that F1action for a section 11 order in respect of a child shall include in his pleadings—

(a)

where that action is an action of divorce F2, separation or declarator of nullity of marriage, averments giving particulars of any other proceedings known to him, whether in Scotland or elsewhere and whether concluded or not, which relate to the child in respect of whom the F3section 11 order is sought;

(b)

in any other family action—

(i)

the averments mentioned in paragraph (a); and

(ii)

averments giving particulars of any proceedings known to him which are continuing, whether in Scotland or elsewhere, and which relate to the marriage of the parents of that child.

F4(c)

where the party seeks an order such as is mentioned in any of paragraphs (a) to (e) of subsection (2) of that section, an averment that no permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007) is in force in respect of the child

(2)

Where such other proceedings are continuing or have taken place and the averments of the applicant for such a section 11 order—

(a)

do not contain particulars of the other proceedings, or

(b)

contain particulars which are incomplete or incorrect,

any defences or minute, as the case may be, lodged by any F5party to the family action shall include such particulars or such further or correct particulars as are known to him.

(3)

In paragraph 1(b)(ii), “child” includes a child of the family within the meaning assigned in section 42(4) of the Family Law Act 1986.

Annotations

Textual amendments

F1: Words in Sch. 1 rule 33.3(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 5(b)
F2: Words in Sch. 1 rule 33.3(1)(a) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), paras. 1, 2(16)
F3: Words in Sch. 1 rule 33.3(1)(a)(2) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 5(c)
F4: Sch. 1 rule 33.3(1)(c) inserted (28.9.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (S.S.I. 2009/284), paras. 1(1), 3(2)
F5: Word in Sch. 1 rule 33.3(2) substituted (1.11.1996) by S.I. 1996/2445, para. 3(44)
F6: Words in Sch. 1 rule 33.3 heading substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 5(a)

Notes on Schedule First

Textual amendments

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, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1: Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
C2: Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
C3: Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5