{
  "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33/rule-33.3",
  "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33/rule-33.3.json",
  "legislation": "ukpga/Edw7/7/51",
  "legislation_title": "Sheriff Courts (Scotland) Act 1907",
  "legislation_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907",
  "path": "schedule/1/part/2/chapter/33/rule/33.3",
  "kind": "rule",
  "number": "33.3",
  "heading": "Averments where section 11 order sought",
  "text": "(1) A party to a family action, who makes an application in that action for a section 11 order in respect of a child shall include in his pleadings—\n(a) where that action is an action of divorce , 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 section 11 order is sought;\n(b) in any other family action—\n(i) the averments mentioned in paragraph (a); and\n(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.\n(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\n(2) Where such other proceedings are continuing or have taken place and the averments of the applicant for such a section 11 order—\n(a) do not contain particulars of the other proceedings, or\n(b) contain particulars which are incomplete or incorrect,\nany defences or minute, as the case may be, lodged by any party to the family action shall include such particulars or such further or correct particulars as are known to him.\n(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.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 rule 33.3(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 5(b)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in Sch. 1 rule 33.3(2) substituted (1.11.1996) by S.I. 1996/2445, para. 3(44)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 1 rule 33.3 heading substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 5(a)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "repealed",
      "affecting": "asp/2014/18",
      "affecting_title": "Courts Reform (Scotland) Act 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/2/chapter/33/rule/33.3",
    "retrieved_at": "2026-11-10T03:34:13.908359+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}