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Act of Sederunt (Child Support Rules Amendment) (Miscellaneous) 2015

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Scottish Statutory Instruments

2015 No. 351

Sheriff Court

Act of Sederunt (Child Support Rules Amendment) (Miscellaneous) 2015

Made

16th October 2015

Laid before the Scottish Parliament

20th October 2015

Coming into force

21st December 2015

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 90(4) of the Debtors (Scotland) Act 1987(2), section 104(1) of the Courts Reform (Scotland) Act 2014(3) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules Amendment) (Miscellaneous) 2015.

(2) It comes into force on 21st December 2015.

(3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of Child Support Rules

2.—(1) The Act of Sederunt (Child Support Rules) 1993(4) is amended in accordance with this paragraph.

(2) In rule 2 (application for a liability order)(5)—

(a)in paragraph (1), for “Form 1” substitute “Form 2–A”;

(b)in paragraph (2), for “Form 2” substitute “Form 2–B”;

(c)in paragraph (7), for “Form 3” substitute “Form 2–C”;

(d)in paragraph (9), for “Form 4” substitute “Form 2–D”.

(3) In rule 4(1) (service of charge following the making of a liability order), for “Form 5” substitute “Form 4”.

(4) In rule 5(1) (appeal against a deduction from earnings order)(6), for “Form 6” substitute “Form 5”.

(5) In rule 5A(2) (application for commitment to prison or disqualification from driving)(7)—

(a)for “respondent” substitute “liable person”;

(b)for “Form 7” substitute “Form 5A”.

(6) In rule 5AC (lump sum deduction order: appeals)(8)—

(a)in paragraph (1), for “Form 5AC” substitute “Form 5AC–A”;

(b)in paragraph (2), for “Form 5AD” substitute “Form 5AC–B”.

(7) In rule 5B(2) (warrant of arrest)(9), for “Form 8” substitute “Form 5B”.

(8) In rule 5D (warrant of commitment to prison)(10), for “Form 9” substitute “Form 5D”.

(9) In rule 5E(1) (order for disqualification from driving)(11), for “Form 10” substitute “Form 5E”.

(10) For the Schedule, substitute the Schedule set out in the Schedule to this Act of Sederunt.

CJM SUTHERLAND

Lord Justice Clerk

I.P.D.

Edinburgh

16th October 2015

Paragraph 2(10)

SCHEDULE

Paragraph 1(4)

SCHEDULE

EXPLANATORY NOTE

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

This Act of Sederunt inserts a new Schedule in the Act of Sederunt (Child Support Rules) 1993 (“the 1993 Act of Sederunt”) in place of the existing Schedule. The Schedule sets out the forms that are prescribed for the purpose of, and in connection with, various categories of application to the sheriff under the Child Support Act 1991 (“the 1991 Act”).

The changes that have been made to the prescribed forms include changes to take account of the introduction of collection fees and enforcement fees in the Child Support Fees Regulations 2014, and changes to take account of the existence of the different child support schemes operated under the 1991 Act.

The Act of Sederunt also makes a minor amendment to rule 5A of the 1993 Act of Sederunt in order to ensure consistency of language with section 39A of the 1991 Act.

(1)

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).

(2)

1987 c.18. Section 90 was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 209(5).

(3)

2014 asp 18. The powers conferred by section 104 are extended by section 40A(8) of the Child Support Act 1991, c.48.

(4)

S.I. 1993/920, last amended by S.S.I. 2012/271.

(5)

Rule 2 was last amended by S.S.I. 2012/271.

(6)

Rule 5 was last amended by S.S.I. 2012/271.

(7)

Rule 5A was inserted by S.S.I. 2001/143.

(8)

Rule 5AC was inserted by S.S.I. 2009/365 and amended by S.S.I. 2012/271.

(9)

Rule 5B was inserted by S.S.I. 2001/143.

(10)

Rule 5D was inserted by S.S.I. 2001/143.

(11)

Rule 5E was inserted by S.S.I. 2001/143.

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