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

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Appointment of curator ad litem and reporting officer

32.—(1) The sheriff must, on the lodging of a petition under rule 31 appoint a curator ad litem and reporting officer.

(2) But, subject to paragraph (3) the sheriff is not to appoint a reporting officer where the petition does not request that the order include provision granting authority for the child to be adopted.

(3) Notwithstanding paragraph (2), a reporting officer must be appointed where the child who is the subject of the application is aged 12 or over for the purpose of witnessing that child’s consent where that consent 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 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 person or persons appointed.

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