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Rule 33A.6 Averments where aliment or financial provision sought

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this rule–

  • “the Act of 1991” means the Child Support Act 1991 F1;

  • “child” has the meaning assigned in section 55 of the Act of 1991;

  • “crave relating to aliment” means–

    1. (a)

      for the purposes of paragraph (2), a crave for decree of aliment in relation to a child or for recall or variation of such a decree; and

    2. (b)

      for the purposes of paragraph (3), a crave for decree of aliment in relation to a child or for recall or variation of such a decree or for the variation or termination of an agreement on aliment in relation to a child;

  • “maintenance calculation” has the meaning assigned in section 54 of the Act of 1991.

(2)

A civil partnership action containing a crave relating to aliment and to which section 8(6), (7), (8), or (10) of the Act of 1991 F2 (top up maintenance orders) applies shall–

(a)

include averments stating, where appropriate–

(i)

that a maintenance calculation under section 11 of that Act (maintenance calculations) is in force;

(ii)

the date of the maintenance calculation;

(iii)

the amount and frequency of periodical payments of child support maintenance fixed by the maintenance calculation; and

(iv)

the grounds on which the sheriff retains jurisdiction under section 8(6), (7), (8) or (10) of that Act; and

(b)

unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the party intimating the making of the maintenance calculation referred to in sub paragraph (a).

(3)

A civil partnership action containing a crave relating to aliment, and to which section 8(6), (7), (8) or (10) of the Act of 1991 does not apply, shall include averments stating—

(a)

that the habitual residence of the absent parent, person with care or qualifying child, within the meaning of section 3 of that Act, is furth of the United Kingdom; or

(b)

that the child is not a child within the meaning of section 55 of that Act.

(4)

A civil partnership action involving parties in respect of whom a decision has been made in any application, review or appeal under the Act of 1991 relating to any child of those parties, shall–

(a)

include averments stating that such a decision has been made and giving details of that decision; and

(b)

unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the parties intimating that decision.

Annotations

Textual amendments

F1

1991 c. 48.

F2

Section 8 was amended by S.I. 2003/192.

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