{
  "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33A/rule-33A.1",
  "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33A/rule-33A.1.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/33A/rule/33A.1",
  "kind": "rule",
  "number": "33A.1",
  "heading": "Interpretation of this Chapter",
  "text": "(1) In this Chapter, “civil partnership action” means–\n(a) an action of dissolution of civil partnership;\n(b) an action of separation of civil partners;\n(c) an action or application for an order under Chapter 3 or Chapter 4 of Part 3 of the Act of 2004;\n(d) an application for a declarator or other order under section 127 of the Act of 2004;\n(e) an action or application for financial provision after overseas proceedings as provided for in Schedule 11 to the Act of 2004;\n(f) an action for declarator of nullity of civil partnership.\n(2) In this Chapter, unless the context otherwise requires–\n“the Act of 1985” means the Family Law (Scotland) Act 1985 ;\n“the Act of 1995” means the Children (Scotland) Act 1995 ;\n“the Act of 2004” means the Civil Partnership Act 2004 ;\n“civil partnership” has the meaning assigned in section 1(1) of the Act of 2004;\n“contact order” has the meaning assigned in section 11(2)(d) of the Act of 1995;\n“Gender Recognition Panel” is to be construed in accordance with Schedule 1 to the Gender Recognition Act 2004 ;\n“incapable” means incapable, by reason of mental disorder, of—\n(a)acting;\n(b)making decisions;\n(c)communicating decisions;\n(d)understanding decisions; or\n(e)retaining the memory of decisions,\nbut a person is not incapable by reason only of a lack of deficiency in a faculty of communication where that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise);\n“interim gender recognition certificate” means the certificate issued under section 4 of the Gender Recognition Act 2004;\n“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;\n“mental disorder” has the meaning assigned in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 ;\n“order for financial provision” means, except in Part VII of this Chapter (financial provision after overseas proceedings as provided for in Schedule 11 to the Act of 2004), an order mentioned in section 8(1) of the Act of 1985;\n“parental responsibilities” has the meaning assigned in section 1(3) of the Act of 1995;\n“parental rights” has the meaning assigned in section 2(4) of the Act of 1995;\n“relevant interdict” has the meaning assigned in section 113(2) of the Act of 2004;\n“residence order” has the meaning assigned in section 11(2)(c) of the Act of 1995;\n“section 11 order” means an order under section 11 of the Act of 1995 .\n(3) For the purposes of rules 33A.2 (averments in actions of dissolution of civil partnership or separation of civil partners about other proceedings) and 33A.3 (averments where section 11 order sought) and, in relation to proceedings in another jurisdiction, Part XIII of this Chapter (sisting of civil partnership actions in Scotland), proceedings are continuing at any time after they have commenced and before they are finally disposed of.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 rule 33A.1(1)(f) 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(41)}"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 1 rule 33A.1(2) inserted (1.6.2017) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Curators ad litem) 2017 (S.S.I. 2017/132), paras. 1(2), 2(4) (with para. 4)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1985 c. 37."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1995 c. 36."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "2004 c. 33."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "2004 c. 7."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "1994 c. 39; section 2(2) was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1)."
    },
    {
      "type": "M",
      "label": "M6",
      "text": "2003 asp 13."
    },
    {
      "type": "M",
      "label": "M7",
      "text": "Section 11 was amended by S.S.I. 2005/42."
    }
  ],
  "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/33A/rule/33A.1",
    "retrieved_at": "2026-11-12T03:33:48.281591+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."
}