Commentary on Sections Part 5 – Civil partnerships formed or dissolved abroad etc.Introduction Chapter 3 - Dissolution etc.: jurisdiction and recognition Section 227: Scottish ancillary and collateral orders
443.This section confers jurisdiction on any Scottish court to deal with an application relating to children, aliment (maintenance), financial provision or expenses which is ancillary or collateral to an action for dissolution, separation or declarator of nullity. The only exception is where such jurisdiction would conflict with regulations made under section 219. Section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c.19) confers power on sheriffs to vary or recall particular types of order made by the Court of Session, provided no party objects. Where section 227 enables the Court of Session to hear an application for variation or recall of one of its own orders, and the order is one to which section 8 (as amended by this Act) applies, subsection (4) ensures that the sheriff will also have power to hear the application under the section 8 procedure.