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

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Procedure where leave of court required

48.—(1) Where leave of the court is required under section 94(4) or 98(2)(b) of the 2007 Act before an application for variation or revocation of a permanence order may be made, the applicant must lodge along with the minute a written application in the form of a letter addressed to the sheriff clerk stating—

(a)the grounds on which leave is sought; and

(b)whether or not the applicant has applied for legal aid.

(2) Where the applicant has applied for legal aid he must also lodge along with the minute written confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002 that notification of the application should be dispensed with or postponed pending the making by the sheriff of an order for intimation under paragraph (4)(b).

(3) Subject to paragraph (4)(b), an application under paragraph (1) shall not be served or intimated to any party.

(4) The sheriff shall consider an application under paragraph (1) without hearing the applicant and may—

(a)refuse the application and pronounce an interlocutor accordingly; or

(b)if he is minded to grant the application order the applicant—

(i)to intimate the application to such persons as the sheriff considers appropriate; and

(ii)to lodge a certificate of intimation in, as near as may be, Form 7.

(5) If any person who receives intimation of an application under paragraph (4)(b) wishes to be heard he shall notify the sheriff clerk in writing within 14 days of receipt of intimation of the application.

(6) On receipt of the notification under paragraph (5) the sheriff clerk shall fix a hearing and intimate the date of the hearing to the parties.

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