Search Legislation

Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2013

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Adults with incapacity

2.—(1) The Summary Application Rules are amended in accordance with the following subparagraphs.

(2) For rule 3.16.4(1) (service of application)(1) substitute—

3.16.4.(1) Service of the application or other proceedings and subsequent proceedings, including proceedings for renewal of guardianship orders, shall be made in Form 20 on —

(a)the adult;

(b)the nearest relative of the adult;

(c)the primary carer of the adult (if any);

(d)the named person of the adult (if any);

(e)any guardian, continuing attorney or welfare attorney of the adult who has any power relating to the application or proceedings;

(f)the Public Guardian;

(g)where appropriate, the Mental Welfare Commission;

(h)where appropriate, the local authority;

(i)where a guardianship order has been made under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, to the Lord Advocate and, where the order was made by—

(i)the High Court of Justiciary, to the Clerk of Justiciary; or

(ii)a sheriff, to the sheriff clerk of the Sheriff Court in which the order was made;

(j)any other person directed by the sheriff.

(3) The heading of rule 3.16.4 becomes “Service of application and renewal proceedings”.

(4) Rule 3.16.8(5)(2) is omitted.

(1)

Rule 3.16.4 was amended by S.S.I. 2002/146 and 2008/111.

(2)

Rule 3.16.8(5) was inserted by S.S.I. 2008/111

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources