Rule 33A.7 Warrants and forms for intimation

Scotland

(1)

Subject to F1paragraph (5) and rule 33A.7A (warrants and forms for intimation to a child and for seeking a child’s views), in the initial writ in a civil partnership 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)

every person who was a child of the family (within the meaning of section 101(7) of the Act of 2004) and 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 CP1 shall be attached to the copy of the initial writ intimated to any such person;

(b)

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) and (ii), unless the address of such person is not known to the pursuer and cannot reasonably be ascertained; and

(ii)

any person who holds the office of guardian, or continuing or welfare attorney to the defender under or by virtue of the Adults with Incapacity (Scotland) Act 2000 M1,

and a notice of intimation in Form CP2 shall be attached to the copy of the initial writ intimated to any such person;

(c)

in an action of dissolution F2or declarator of nullity of civil partnership or separation of civil partners where the sheriff may make a 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 CP3 shall be attached to the initial writ intimated to that authority;

(ii)

who, being a child of one party to the civil partnership, has been accepted as a child of the family by the other party to the civil partnership and who is liable to be maintained by a third party, to that third party, and a notice of intimation in Form CP3 shall be attached to the initial writ intimated to that third party; or

(iii)

in respect of whom a third party in fact exercises care or control, to that third party, and a notice of intimation in Form CP4 shall be attached to the initial writ intimated to that third party;

(d)

in an action where the pursuer craves a 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 CP5 shall be attached to the initial writ intimated to any such parent or guardian;

F3(e)

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F4(f)

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(g)

in an action where the pursuer makes an application for an order under section 8(1)(aa) of the Act of 1985 M2 (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 CP8 shall be attached to the initial writ intimated to any such person;

(h)

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 CP9 shall be attached to the initial writ intimated to any such person;

(i)

in an action where the pursuer makes an application for an order under Chapter 3 of Part 3 of the Act of 2004, where the application is under section 102(1)(e), 102(4)(a), 103(1), 103(2), 104, 107 or 112 of that Act, and the entitled civil partner is a tenant or occupies the family 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 CP10 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 8(1)(ba) of the Act of 1985 M3 (orders under section 12A of the Act of 1985 for pension lump sum), to the person responsible for the pension arrangement, and a notice of intimation in Form CP11 shall be attached to the initial writ intimated to any such person; F5...

(k)

in an action where a pursuer makes an application for an order under section 8(1)(baa) of the Act of 1985 M4 (pension sharing orders), to the person responsible for the pension arrangement and a notice of intimation in Form CP12 shall be attached to the initial writ intimated to any such person.

F6(l)

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 CP12A shall be attached to the initial writ intimated to that Board; and

(m)

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 CP12B shall be attached to the initial writ intimated to that Board.

(2)

Expressions used in paragraph (1)(i) which are also used in Chapter 3 of Part 3 of the Act of 2004 have the same meaning as in that Chapter.

(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.

F7(4)

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(5)

Where the address of a person mentioned in paragraph (1)(c), (d), F8... (g), (h), (i), (j) or (k) F9or a child mentioned in rule 33A.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 civil partnership 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.

F10(7)

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