# Sheriff Courts (Scotland) Act 1907, Rule 33.69: Applications by motion

Extent: S

(1) An application under any of the following provisions of the Act of 1981 shall be made by motion in the process of the depending action to which the application relates:—
(a) section 3(4) (interim order for regulation of rights of occupancy, etc.);
(b) section 4(6) (interim order suspending occupancy rights);
(c) section 7(1) (dispensing with consent of non-entitled spouse to a dealing);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) the proviso to section 18(1) (extension of period of occupancy rights).
(2) Intimation of a motion under paragraph (1) shall be given—
(a) to the other spouse or partner, as the case may be;
(b) where the motion is under paragraph (1)(a), (b) or (e) and the entitled spouse or partner is a tenant or occupies the matrimonial home by the permission of a third party, to the landlord or third party, as the case may be; and
(c) to any other person to whom intimation of the application was or is to be made by virtue of rule 33.7(1)(k) (warrant for intimation to certain persons in actions for orders under the Act of 1981) or 33.15 (order for intimation by sheriff).

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/2/chapter/33/rule/33.69 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33/rule-33.69
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.