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

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Variation of ancillary provisions in order

40.—(1) An application under section 92(2) (application for variation of ancillary provisions) of the 2007 Act is to be made by minute in Form 16 in the process of the original application.

(2) A minute under paragraph (1) must contain—

(a)the name and address of the applicant;

(b)the applicant’s relationship to and interest in the child;

(c)the name and address of the local authority on whose application the permanence order was granted;

(d)details of the original application;

(e)details of any other person affected by the order;

(f)the grounds on which variation is sought;

(g)details of whether the child is subject to a supervision requirement under section 70 of the 1995 Act;

(h)details of the order sought by the applicant.

(3) On the lodging of a minute under paragraph (1) the sheriff must order the applicant to intimate the minute to the petitioner in the original application, where it is not the applicant, to any other person affected by the order and to such other persons as the sheriff considers appropriate.

(4) A person to whom intimation is given under paragraph (3) may, within 14 days after the date on which intimation is made, lodge answers to the minute.

(5) The sheriff must, on the lodging of a minute under paragraph (1), appoint a curator ad litem.

(6) Where answers have been lodged under paragraph (4) the sheriff must order a hearing to be fixed.

(7) Where no answers have been lodged under paragraph (4) the sheriff may order a hearing to be fixed.

(8) Where the sheriff orders a hearing to be fixed under paragraph (6) or (7) he may also order a pre-proof hearing to be fixed not less than 2 and not more than 6 weeks before the hearing.

(9) Rule 36 is to apply, with any necessary modifications, to any pre-proof hearing fixed under paragraph (8).

(10) The sheriff shall order the applicant to intimate any hearing fixed under paragraph (6), (7) or (8) to the petitioner in the original application, where it is not the applicant, to any other person affected by the order and to such other persons as the sheriff considers appropriate.

(11) A hearing fixed under this rule is to be taken continuously so far as possible but the sheriff may adjourn the diet from time to time.

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