The Evidence in Civil Partnership and Divorce Actions (Scotland) Order 2012
| Jurisdiction | Scotland |
| Citation | SSI 2012/111 |
| Year | 2012 |
2012 No. 111
Evidence
The Evidence in Civil Partnership and Divorce Actions (Scotland) Order 2012
Made 29th March 2012
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by section 8(4) of the Civil Evidence (Scotland) Act 19881and all other powers enabling them to do so.
In accordance with section 8(5) of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. This Order may be cited as the Evidence in Civil Partnership and Divorce Actions (Scotland) Order 2012 and comes into force on the day after the day on which it is made.
Specification of class of actions
2.—(1) Section 8(3A) of the Civil Evidence (Scotland) Act 1988 does not apply in respect of the class of actions specified in paragraph (2).
(2) The class of action referred to in paragraph (1) is actions for dissolution of civil partnership in which—
(a)
(a) the action is undefended;
(b)
(b) the action is brought in reliance on the facts set out in section 117(3)(c) (1 year non-cohabitation and the defender’s consent to decree) or in section 117(3)(d) (2 years non-cohabitation) of the Civil Partnership Act 20043;
(c)
(c) no other proceedings are pending in any court which could have the effect of bringing the civil partnership to an end;
(d)
(d) there is no child of the family, as defined in section 12(4)(b) of the Children (Scotland) Act 19954, under the age of 16 years;
(e)
(e) neither party applies for an order for financial provision on dissolution of civil partnership; and
(f)
(f) neither party suffers from mental disorder as defined in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 20035.
(3) For the purpose of this Order an action is to be treated as undefended when the defender has not entered appearance or, having entered appearance, has not lodged defences or has withdrawn them.
Amendment of the Evidence in Divorce Actions (Scotland) Order 1989
3.—(1) The Evidence in Divorce Actions (Scotland) Order 19896is amended as follows.
(2) In article 2(1)(b)—
(a)
(a) for “2 years” substitute “1 year”; and
(b)
(b) for “5 years” substitute “2 years”.
NICOLA STURGEON
NIC
OLA
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
29th March...
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