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

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Intimation of application

14.—(1) On the lodging of a petition under rule 8—

(a)the sheriff clerk must fix a date for a preliminary hearing not less than 6 and not more than 8 weeks after the date of lodging the petition;

(b)in the case of a petition under rule 8(1), the petitioner or, where a serial number has been assigned under rule 10, the sheriff clerk, must send a copy of the petition along with a notice of intimation in Form 5 to—

(i)every person who can be found and whose consent to the making of the order is required to be given or dispensed with under the 2007 Act;

(ii)if no such person can be found, a relative of the child within the meaning of section 119(1) of the 2007 Act, unless the address of such a relative is not known to the petitioner and cannot reasonably be ascertained;

(iii)every person who has consented to the making of the order under section 20 of the 2002 Act (and has not withdrawn the consent) unless the person has given a notice under subsection (4)(a) of that section which has effect; and

(iv)every person who, if leave were given under section 31(12) of the 2007 Act, would be entitled to oppose the making of the order;

(c)in the case of a petition under rule 8(2) the petitioner or, where a serial number has been assigned under rule 10, the sheriff clerk must send a copy of the petition along with a notice of intimation in Form 5 to every person who can be found and whose consent to the making of the order would be required if the application were for an adoption order (other than a Convention adoption order);

(d)in the case of a petition under rule 8(1) the petitioner or, where a serial number has been assigned under rule 10, the sheriff clerk must send a copy of the petition along with a notice of intimation in Form 6 to the father of the child if he does not have, and has never had, parental responsibilities or parental rights in relation to the child and if he can be found;

(e)the sheriff clerk must intimate the date of the preliminary hearing to the curator ad litem and to any reporting officer appointed by the sheriff under rule 11;

(f)the sheriff may order the petitioner or, where a serial number has been assigned under rule 10, the sheriff clerk to intimate the application to such other person and in such terms as he considers appropriate.

(2) A notice of intimation under paragraph (1)(b) or (c) must state—

(a)that an application for adoption has been made;

(b)the date on which, and place where, the preliminary hearing will be held;

(c)the fact that the person is entitled to be heard on the application;

(d)the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.

(3) A notice of intimation under paragraph (1)(d) must state the matters mentioned in paragraph (2)(a) and (b).

(4) The sheriff clerk or petitioner on making intimation shall complete a certificate of intimation in Form 7.

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