Search Legislation

Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Appointment of a curator ad litem and reporting officer

11.—(1) The sheriff must on the lodging of a petition under rule 8 appoint a curator ad litem and reporting officer.

(2) But, subject to paragraph (3), the sheriff must not appoint a reporting officer where one or more of the following applies—

(a)an order freeing the child for adoption has been made;

(b)a permanence order with provision granting authority for the child to be adopted has been granted under section 80 of the 2007 Act;

(c)the petition is founded on one or other or both of section 31(8) (advance consent to adopt) or (9) (placement of child: England and Wales) of the 2007 Act.

(3) Notwithstanding paragraph (2), a reporting officer must be appointed—

(a)in any case in which the petition is founded on the condition in section 31(2) of the 2007 Act, whether or not it is also founded on section 31(8) or (9) of that Act; or

(b)where the child who is the subject of the application is aged 12 or over, for the purpose of witnessing that child’s consent, if it is to be executed in Scotland.

(4) The same person may be appointed as curator ad litem and reporting officer in the same petition if the sheriff considers that doing so is appropriate in the circumstances.

(5) The sheriff may appoint a person who is not a member of a panel established under regulations made by virtue of section 101 of the 1995 Act to be curator ad litem or a reporting officer.

(6) The sheriff may, on cause shown, appoint a reporting officer prior to the lodging of such a petition.

(7) An application for an appointment under paragraph (6) is to be made by letter addressed to the sheriff clerk specifying the reasons for the appointment, and shall not require to be intimated to any other person.

(8) The sheriff clerk must intimate the appointment of a curator ad litem and reporting officer under paragraph (1) or (6) to the petitioner and to the person or persons appointed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources