Rule 33.48 Applications in actions to which this Part applies
An application for an order mentioned in paragraph (2) shall be made—
by a crave in the initial writ or defences, as the case may be, in an action to which this Part applies; or
where the application is made by a person other than the pursuer or defender, by minute in that action.
The orders referred to in paragraph (1) are:—
an order for financial provision within the meaning of section 8(3) of the Act of 1985;
an order under section 16(1)(b) or (3) of the Act of 1985 (setting aside or varying agreement as to financial provision);
an order under section 18 of the Act of 1985 (which relates to avoidance transactions); and
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