2.—(1) The Act of Sederunt (Child Care and Maintenance Rules) 1997(1) shall be amended in accordance with the following sub-paragraphs.
(2) After rule 1.4 (revocations and transitional provisions) there shall be inserted the following:–
1.5.—(1) This rule shall apply to proceedings under these rules, except those proceedings to which the rules in Part XI of Chapter 3(2) apply.
(2) At any hearing on an application under these rules, the sheriff shall ascertain whether there is or is likely to be a vulnerable witness who is to give evidence at or for the purposes of any proof or hearing, consider any child witness notice or vulnerable witness application that has been lodged where no order has been made under section 12(1) or (6) of the Vulnerable Witnesses (Scotland) Act 2004(3) and consider whether any order under section 12(1) of that Act requires to be made.
(3) Except where the sheriff otherwise directs, where a vulnerable witness is to give evidence at or for the purposes of any proof or hearing in an application under these rules, any application in relation to the vulnerable witness or special measure that may be ordered shall be dealt with in accordance with the rules within Chapter 45 of the Ordinary Cause Rules(4).
(4) In this rule, “vulnerable witness” means a witness within the meaning of section 11(1) of the Vulnerable Witnesses (Scotland) Act 2004.”.
(3) In Schedule 3 (exclusion of enactments), in column 3 (extent of exclusion) after “rule 29.10 (failure of witness to attend)” there shall be inserted “and Chapter 45 (Vulnerable Witnesses (Scotland) Act 2004).”
S.I. 1997/291; amended by S.S.I. 2005/190 and 2006/75.
Part XI of Chapter 3 was inserted by S.S.I. 2005/190.
Chapter 45 was inserted by S.S.1 2007/463.