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Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 2013

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Children’s Hearings (Scotland) Act 2011

3.  Subject to paragraph 7, in Chapter 41 (appeals under statute)—

(a)the title of Part V becomes “APPEALS UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011”;

(b)in rule 41.35 (application of Part II of Chapter 41 of Part V)(1), for “section 51(11)(b) of the Act of 1995” substitute “sections 163, 164 or 165 of the Act of 2011(2)”;

(c)for rule 41.36 (interpretation of Part V of Chapter 41) substitute—

Interpretation of this Part

41.36.  In this Part—

“the Act of 2011” means the Children’s Hearings (Scotland) Act 2011;

“the Principal Reporter” means the Principal Reporter appointed under paragraph 8 of Schedule 3 to the Act of 2011 or any person to whom there is delegated, under paragraph 10(1) of Schedule 3 to the Act of 2011, any function of the Principal Reporter under that Act..

(d)in rule 41.37 (lodging of reports and statements with sheriff), in paragraph (1)—

(i)for “on an application being made under subsection (13) of section 51 of the Act of 1995 to state a case for the purposes of an appeal under subsection (11)(b) of that section” substitute “on an appeal being made to the court by stated case under section 163, 164 or 165 of the Act of 2011”;

(ii)in subparagraph (a), for “subsection (2), or report lodged under subsection (3), of that section” substitute “section 155(2), or report lodged under section 155(6) of that Act”.

(1)

Rule 41.35 was substituted by S.S.I. 2011/303.

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