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Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012

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EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes various amendments to the Ordinary Cause Rules; the Small Claim Rules, the Summary Application Rules; the Summary Cause Rules; the 1997 Act of Sederunt; the Sheriff Court Adoption Rules; and the Child Support Rules.

Paragraphs 2 to 5 amend the Ordinary Cause Rules, the Summary Application Rules, the 1997 Act of Sederunt and the Sheriff Court Adoption Rules to make provision in relation to audio and audio-visual recordings of children that are lodged as productions in court. The rules are introduced to ensure that such recordings are held securely and that access to such recordings is restricted. However, the sheriff may disapply the rules on cause shown where, for example, the recording of a child is not of a sensitive nature and does not need to be made subject to the safeguards.

Paragraphs 6 to 8 amend the rules to reflect changes in terminology arising out of the Treaty of Lisbon Amending the Treaty on the European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007.

Paragraph 6 amends rule 38.1, 43.1 and Form OFT1 in the Ordinary Cause Rules to reflect the terminology changes.

Paragraph 7 amends rule 20.1 of the Summary Cause Rules for the same purpose.

Paragraph 8 amends rule 18.1 of the Small Claim Rules for the same purpose.

Paragraph 9 amends the Child Support Rules in consequence of changes made by the Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012.

Paragraph 10 amends the Summary Application Rules in consequence of the amendments made to the Regulation of Investigatory Powers Act 2000 by the Protection of Freedoms Act 2012. Section 23A of the 2000 Act requires that judicial approval must be given in respect of local authorities obtaining or disclosing communications data. Section 77A of the 2000 Act sets out what is required in rules of court in connection with applications for judicial approval.

Paragraph 11 contains a transitional and saving provision.

The relevant sections of the 2012 Act bring the amendments to the 2000 Act into force on 1st November 2012, which is the same date that this Act of Sederunt comes into force.

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