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Act of Sederunt (Child Support Rules) Amendment 2001

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Citation, commencement and interpretation

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules) Amendment 2001 and shall come into force on 2nd April 2001.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Act of Sederunt (Child Support Rules) 1993

2.—(1) The Act of Sederunt (Child Support Rules) 1993(1) shall be amended in accordance with the following paragraphs.

(2) In rule 2(1) (application for a liability order), “and Form A” shall be omitted.

(3) In rule 5(1) (appeal against a deduction from earnings order), for “Form A” there shall be substituted “Form A1”.

(4) After rule 5 insert–

Application for commitment to prison or disqualification from driving

5A.(1) An application under section 39A(1)(2) of the Act of 1991 shall be made by summary application.

(2) Citation, where necessary, of a respondent in respect of an application under paragraph (1) shall be in Form 7.

Warrant of arrest

5B.(1) The sheriff may issue a warrant for the arrest of the liable person if–

(a)he has been cited in terms of rule 5A(2) and fails to appear in person at the hearing; or

(b)the sheriff otherwise considers it to be appropriate for the purpose of enabling an inquiry in terms of section 39A(3) of the Act of 1991.

(2) A warrant issued in terms of paragraph (1) shall be in Form 8.

Evidence of means

5C.  In any proceedings following an application made in terms of rule 5A(1), a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be sufficient evidence of the facts there stated.

Warrant of commitment to prison

5D.  A warrant for the commitment of a liable person to prison issued in terms of section 40A(1)(a) of the Act of 1991 shall be in Form 9.

Order for disqualification from driving

5E.(1) A disqualification order made in terms of section 40B(1)(3) of the Act of 1991 shall be in Form 10.

(2) An application in terms of section 40B(5) of the Act of 1991 for a reduction in a period of disqualification, shall be made by minute.

Renewal of application

5F.  If no order is made in respect of an application under section 39A(1) of the Act of 1991 any further application under that section, including the renewal of an application, shall be made of new by summary application in terms of rule 5A(1)..

(5) After Form 6 in the Schedule, insert the forms as set out in the Schedule to this Act of Sederunt.

Rodger of Earlsferry

Lord President, I.P.D.

Edinburgh

30th March 2001

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