{
  "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33/rule-33.68",
  "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33/rule-33.68.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/33.68",
  "kind": "rule",
  "number": "33.68",
  "heading": "Defenders",
  "text": "The applicant for an order under the Act of 1981 shall call as a defender—\n(a) where he is seeking an order as a spouse, the other spouse;\n(b) where he is a third party making an application under section 7(1) (dispensing with consent of non-entitled spouse to a dealing), or 8(1) (payment from non-entitled spouse in respect of loan), of the Act of 1981, both spouses; . . .\n(c) where the application is made under section 18 of the Act of 1981 (occupancy rights of cohabiting couples), or is one to which that section applies, the other partner. ; and\n(d) where the application is made under section 18A of the Act of 1981 (application for domestic interdict), the other partner.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in Sch. 1 rule 33.68(b) omitted (4.5.2006) by virtue of Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(32)(a)}"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 1 rule 33.68(d) and word inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(32)(b)}"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Section 18 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 13(9)."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "Section 18A was inserted by section 31 of the Family Law (Scotland) Act 2006 (asp2)."
    }
  ],
  "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      "type": "repealed",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/33.68",
    "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."
}