The Family Law (Scotland) Act 2006 (Commencement, Transitional Provisions and Savings) Order 2006

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(a) "the Act" means the Family Law (Scotland) Act 2006;

(b) "the 1986 Act" means the Law Reform (Parent and Child) (Scotland) Act 1986[2]; and

(c) references to sections, subsections and schedules are, unless otherwise stated, references to sections and subsections of, and schedules to, the Act.

Commencement of the Act
     2. Subject to the transitional provisions and savings contained in articles 3 to 13, the provisions of the Act shall come into force on 4th May 2006.

Transitional provisions
     3. In so far as they relate to periods of non-cohabitation, the provisions of sections 5, 6 and 8, and paragraphs 3 to 5 and 7 of schedule 1 shall not apply where spouses or, as the case may be, civil partners cease to cohabit before 4th May 2006.

     4. The provisions of sections 12, 16, 21, 22, 32, and 37 to 42 and paragraph 1 of schedule 2 shall not apply in relation to any proceedings which commenced before 4th May 2006.

     5. The provisions of section 19 and paragraph 11 of schedule 1 shall not apply where spouses are divorced or any marriage is annulled or, as the case may be, any civil partnership is dissolved or annulled before 4th May 2006.

     6. The provisions of section 28 shall not apply in respect of cohabitants who cease to cohabit before 4th May 2006.

     7. The provisions of section 29 shall not apply where a cohabitant dies before 4th May 2006.

     8. The provisions of section 35 shall not apply in respect of deaths which occur before 4th May 2006.

Savings provisions
     9. Notwithstanding commencement of the amendment in section 21(2)(c) adding subsection (6) of section 1 of the 1986 Act, it shall continue to be competent to bring an action for declarator of legitimacy, legitimation or illegitimacy for the purposes of the determination of any question mentioned in subsection (4) of that section.

     10. Notwithstanding commencement of the amendment to section 7 of the 1986 Act in paragraph 6(2) of schedule 2, that section shall continue to have effect on and after 4th May 2006 as it had effect immediately before that date in relation to actions for declarator of legitimacy, legitimation or illegitimacy brought for the purposes of the determination of any question mentioned in section 1(4) of the 1986 Act.

     11. Notwithstanding commencement of its repeal in schedule 3, the Legitimation (Scotland) Act 1968[3] shall continue to have effect on and after 4th May 2006 as it had effect immediately before that date for the purposes of the determination of any question as to the succession to or devolution of any title, honour or dignity.

     12. Notwithstanding commencement of the repeal in schedule 3 of the words "legitimacy, legitimation, illegitimacy" in section 8(2) of the Civil Evidence (Scotland) Act 1988[4], that section shall continue to have effect on and after 4th May 2006 as it had effect immediately before that date in relation to actions for declarator of legitimacy, legitimation or illegitimacy brought for the purposes of the determination of any question mentioned in section 1(4) or 9(1)(c) or (ca)[5] of the 1986 Act.

     13. Notwithstanding the commencement of the repeal in schedule 3 of–

(a) sections 15 to 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981[6]; and

(b) sections 114 to 116 of the Civil Partnership Act 2004[7],

those sections will continue to have effect on and after 4th May 2006 as they had effect immediately before that date for the purposes of powers of arrest granted before that date under section 15 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 or, as the case may be, section 114 of the Civil Partnerships Act 2004.


HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
19th April 2006

[2] 1986 c.9.back

[3] 1968 c.22.back

[4] 1988 c.32.back

[5] Section 9(1)(ca) of the Law Reform (Parent and Child) (Scotland) Act 1986 was inserted by section 21(4)(b) of the Family Law (Scotland) Act 2006.back

[6] 1981 c.59.back

[7] 2004 c.33.back