§ Mrs. Margaret EwingTo ask the Secretary of State for Scotland if he will introduce legislation to amend section 8(1)(a) of the Family Law (Scotland) Act 1985 in order to allow the court to make orders in an action for divorce, for the payment of a capital sum and for the transfer of property.
Mr. SiliarsTo ask the Secretary of State for Scotland if he has any intention of bringing forward amending legislation in the light of Lord Morton's statement in the Court of Session in the case of Walker v. Walker that the Family Law (Scotland) Act 1985 would require amendment to permit an award of both transfer of property and a capital sum.
§ Lord James Douglas-HamiltonA Court of Session judgment relating to this legislation was made on 9 May. The provision in question is in the terms suggested by the Scottish Law Commission. Until such time as the period during which an appeal may be made expires it would not be appropriate for me to comment.