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Rule 33.48 Applications in actions to which this Part applies

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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).

Annotations

Marginal citations

M1

1981 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.

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