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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Hearing of adoption petitionS

67.25.—(1) On receipt of the reports referred to in rules 67.21 and 67.24, the Deputy Principal Clerk shall–

(a)cause the reports and any other documents to be lodged in process;

(b)give written intimation to each party of the lodging of those documents and make them available to each party; and

(c)within 7 days thereafter, cause–

(i)the petition to be put out on the By Order Roll before the Lord Ordinary; and

(ii)written intimation of the date of the hearing on the By Order Roll to be given to each party.

(2) At the hearing on the By Order Roll, the court–

(a)shall pronounce an interlocutor appointing the petition to a hearing to determine the petition; and

(b)may, in such interlocutor–

(i)order any person whose agreement or consent is required to be given or dispensed with to attend the hearing;

(ii)order intimation of the date of the hearing to any person not mentioned in paragraph (3)(a), (b), (c) or (d); and

(iii)order the reporting officer or curator ad litem to perform additional duties to assist the court in determining the petition.

(3) The petitioner shall intimate the date of the hearing ordered under paragraph (2)(a) in Form 67.25 to–

(a)every person whose whereabouts are known to him and whose agreement or consent is required to be given or dispensed with;

(b)the reporting officer appointed under rule 67.23(1)(b);

(c)any curator ad litem appointed under rule 67.23(1)(c);

(d)the local authority or adoption agency referred to in rule 67.21; and

(e)any person on whom intimation has been ordered under paragraph (2)(b)(ii).

(4) At the hearing ordered under paragraph (2)(a)–

(a)the petitioner, the adoption agency, the reporting officer and, where one has been appointed, the curator ad litem shall, if required by the court, appear and may be represented;

(b)any person required by the court to attend the hearing shall appear and may be represented;

(c)any other person to whom intimation was made under paragraph (3)(a) or (e) may appear or be represented.

Commencement Information

I1Sch. 2 rule 67.25 in force at 5.9.1994, see para. 1(1)

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