SCHEDULE 3 Sisting of Consistorial Actions (Scotland)
Domicile and Matrimonial Proceedings Act 1973 (1973 c 45) | Legislation

SCHEDULE 3 Sisting of Consistorial Actions (Scotland)

Section 11

Interpretation

1

The following six paragraphs have effect for the interpretation of this Schedule.

2

“Consistorial action†means any action so far as it is one or more of the following, namely, actions for—

divorce,

separation

declarator or marriage,

declarator of nullity of marriage.

3

(1)     “Another jurisdiction†means any country outside Scotland.

(2)     “Related jurisdiction†means any of the following countries, namely, England and Wales, Northern Ireland, Jersey, Guernsey, and the Isle of Man (the reference to Guernsey being treated as including Alderney and Sark).

4

For the purposes of this Schedule—

(a)     in any action in the Court of Session or a sheriff court neither the taking of evidence on commission nor a separate proof relating to any preliminary plea shall be regarded as part of the proof in the action; and

(b)     any such action is continuing if it is pending and not sisted.

5

Any reference in this Schedule to proceedings in another jurisdiction is to proceedings in a court of that jurisdiction and to any other proceedings in that jurisdiction which are of a description prescribed

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