Act of Sederunt (Child Care and Maintenance Rules) 1997

[F1 Hearing S

2.54— (1) On receipt of the reports referred to in rule 2.51, the sheriff must fix a hearing.

(2) The sheriff may—

(a) order any person whose agreement is required to attend the hearing;

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

(c) order the reporting officer or curator ad litem to perform additional duties to assist him or her in determining the petition.

(3) The petitioners or, where a serial number has been assigned under rule 2.49, the sheriff clerk, must intimate the date of the hearing in Form 24 by registered post or recorded delivery letter to—

(a) every person whose whereabouts are known to them and whose agreement is required;

(b) the reporting officer appointed under [F2 rule 2.50];

(c) the curator ad litem appointed under rule 2.50(1); and

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

(4) At the hearing—

(a) the petitioners, the reporting officer and the curator ad litem must, if required by the sheriff, appear and may be represented;

(b) any other person required by the sheriff to attend the hearing must appear and may be represented; and

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

Textual Amendments

F1 Ch. 2 Pt. 6 substituted (6.4.2010) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Human Fertilisation and Embryology Act 2008) 2010 (S.S.I. 2010/137), paras. 1(1), 2(2) (with para. 3)

F2 Words in rule 2.54(3)(b) substituted (29.7.2010) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 7(4)