Rule 33.7 Warrants and forms for intimation

Scotland

(1)

F1Subject to F2paragraph (5) and rule 33.7A (warrants and forms for intimation to a child and for seeking a child’s views), in the initial writ in a family action, the pursuer shall include a crave for a warrant for intimation—

(a)

in an action where the address of the defender is not known to the pursuer and cannot reasonably be ascertained, to—

(i)

F3every person who is a child of the family (as defined in section 12(4)(a) of the Act of 1995) F4... who has reached the age of 16 years, and

(ii)

one of the next-of-kin of the defender who has reached that age,

unless the address of such a person is not known to the pursuer and cannot reasonably be ascertained, and a notice of intimation in Form F1 shall be attached to the copy of the initial writ intimated to any such person;

(b)

F5in an action of divorce where the pursuer alleges that the defender has committed adultery with another person, to that person, unless—

(i)

that person is not named in the initial writ and, if the adultery is relied on for the purposes of section 1(2)(a) of the Act of 1976 (irretrievable breakdown of marriage by reason of adultery), the initial writ contains an averment that his or her identity is not known to the pursuer and cannot reasonably be ascertained, or

(ii)

the pursuer alleges that the defender has been guilty of rape upon or incest with, that named person,

and a notice of intimation in Form F2 shall be attached to the copy of the initial writ intimated to any such person;

(c)

in an action where the defender is a person who is suffering from a mental disorder, to—

(i)

those persons mentioned in sub-paragraph (a)(i) an (ii), unless the address of such person is not known to the pursuer and cannot reasonably be ascertained, F6...

(ii)

the curator bonis to the defender, if one has been appointed,

F7(iii)

any person holding the office of guardian or continuing or welfare attorney to the defender under or by virtue of the Adults with Incapacity (Scotland) Act 2000,

and a notice of intimation in Form F3 shall be attached to the copy of the initial writ intimated to any such person;

(d)

in an action relating to a marriage which was entered into under a law which permits polygamy where—

(i)

one of the decrees specified in section 2(2) of the M1Matrimonial Proceedings (Polygamous Marriages) Act 1972 is sought, and

(ii)

either party to the marriage in question has any spouse additional to the other party,

to any such additional spouse, and a notice of intimation in Form F4 shall be attached to the initial writ intimated to any such person;

(e)

in an action of divorce F8, separation or declarator of nullity of marriage where the sheriff may make E1a section 11 order in respect of a child—

(i)

who is in the care of a local authority, to that authority and a notice of intimation in Form F5 shall be attached to the initial writ intimated to that authority;

(ii)

who, being a child of one party to the marriage, has been accepted as a child of the family by the other party to the marriage and who is liable to be maintained by a third party, to that third party, and a notice of intimation in Form F5 shall be attached to the initial writ intimated to that third party; or

(iii)

in respect of whom a third party F9in fact exercises care or control, to that third party, and a notice of intimation in Form F6 shall be attached to the initial writ intimated to that third party;

(f)

in an action where the pursuer craves F10a section 11 order, to any parent or guardian of the child who is not a party to the action, and a notice of intimation in Form F7 shall be attached to the initial writ intimated to any such parent or guardian;

F11(g)

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F12(h)

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(i)

in an action where the pursuer makes an application for an order under section 8(1)(aa) of the M2Act of 1985 (transfer of property) and—

(i)

the consent of a third party to such a transfer is necessary by virtue of an obligation, enactment or rule of law, or

(ii)

the property is subject to a security,

to the third party or creditor, as the case may be, and a notice of intimation in Form F10 shall be attached to the initial writ intimated to any such person;

(j)

in an action where the pursuer makes an application for an order under section 18 of the Act of 1985 (which relates to avoidance transactions), to—

(i)

any third party in whose favour the transfer of, or transaction involving, the property is to be or was made, and

(ii)

any other person having an interest in the transfer of, or transaction involving, the property,

and a notice of intimation in Form F11 shall be attached to the initial writ intimated to any such person; F13. . .

(k)

in an action where the pursuer makes an application for an order under the M3Act of 1981—

(i)

where he is a non-entitled partner and the entitled partner has a spouse, to that spouse, or

(ii)

where the application is under section 2(1)(e), 2(4)(a), 3(1), 3(2), 4, 7, 13 or 18 of that Act, and the entitled spouse or entitled partner is a tenant or occupies the matrimonial home by permission of a third party, to the landlord or the third party, as the case may be,

and a notice of intimation in Form F12 shall be attached to the initial writ intimated to any such person F14;

F15(l)

in an action where the pursuer makes an application for an order under section 8(1)(ba) of the M4Act of 1985 (orders under section 12A of the Act of 1985 for pension lump sum), to the F16person responsible for the pension arrangement, and a notice of intimation in Form F12A shall be attached to the initial writ intimated to any such person. F17; F18...

(m)

in an action where a pursuer makes an application for an order under section 8(1)(baa) of the Act of 1985 (pension sharing orders), to the person responsible for the pension arrangement and a notice of intimation in Form F12B shall be attached to the initial writ intimated to any such person

F19(n)

in an action where a pursuer makes an application for an order under section 8(1)(bab) of the Act of 1985 (pension compensation sharing order), to the Board of the Pension Protection Fund, and a notice of intimation in Form F12C shall be attached to the initial writ intimated to that Board; and

(o)

in an action where a pursuer makes an application for an order under section 8(1)(bb) of the Act of 1985 (an order under section 12B(2) of the Act of 1985 for pension compensation), to the Board of the Pension Protection Fund and a notice of intimation in Form F12D shall be attached to the initial writ intimated to that Board.

F20(p)

in an action where a pursuer makes an application for an order under section 29(2) of the Act of 2006 (application by survivor for provision on intestacy) to any person having an interest in the deceased’s net estate, and a notice of intimation in Form F12E shall be attached to the initial writ intimated to any such person.

F21(2)

Expressions used in—

(a)

paragraph (1)(k) which are also used in the Act of 1981; and

(b)

paragraph (1)(p) which are also used in section 29 of the Act of 2006,

shall have the same meanings as in that Act or section, as the case may be.

(3)

A notice of intimation under paragraph (1) shall be on a period of notice of 21 days unless the sheriff otherwise orders; but the sheriff shall not order a period of notice of less than 2 days.

F22(4)

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(5)

Where the address of a person mentioned in paragraph (1)(b), (d), (e), (f), F23... (i), (j) F24, (k) F25, (l) F26, (m) or (p) F27or a child mentioned in rule 33.7A(1) is not known and cannot reasonably be ascertained, the pursuer shall include a crave in the initial writ to dispense with intimation; and the sheriff may grant that crave or make such other order as he thinks fit.

(6)

Where the identity or address of a person to whom intimation of a family action is required becomes known during the course of the action, the party who would have been required to insert a warrant for intimation to that person shall lodge a motion for a warrant for intimation to that person or to dispense with such intimation.

F28(7)

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