Act of Sederunt (Child Support Rules Amendment) (Disqualification) 2018

Scottish Statutory Instruments

2018 No. 369

Sheriff Court

Act of Sederunt (Child Support Rules Amendment) (Disqualification) 2018

Made

5th December 2018

Laid before the Scottish Parliament

7th December 2018

Coming into force

21st January 2019

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 104(1) of the Courts Reform (Scotland) Act 2014(2), section 39F of the Child Support Act 1991(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) (Disqualification) 2018.

(2) It comes into force on 21st January 2019.

(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) After rule 5A (application for commitment to prison or disqualification from driving)(5), insert—

“Application for disqualification from holding or obtaining a United Kingdom passport

5AZA.— (1) An application under section 39B(1)(6) of the Act of 1991 is made by summary application.

(2) Citation, where necessary, of a liable person in respect of an application under paragraph (1) must be in Form 5AZA.”.

(3) In rule 5B(1) (warrant of arrest)—

(a) in sub-paragraph (a), after “rule 5A(2)”, insert “or 5AZA(2)”; and

(b) in sub-paragraph (b), after “section 39A(3)”, insert “or 39B(4)”.

(4) In rule 5C (evidence of means), after “rule 5A(1)”, insert “or 5AZA(1)”.

(5) After rule 5E (order for disqualification from driving), insert—

“Order for disqualification from holding or obtaining a United Kingdom passport

5EA.— (1) An order made under section 39B of the Act of 1991 must be in Form 5EA.

(2) An application made under section 39E of the Act of 1991 for a reduction in a period of disqualification or for revocation of an order is to be made by minute.”.

(6) In rule 5F (renewal of application)—

(a) after “section 39A(1)”, insert “or 39B(1)”;

(b) for “that section”, substitute “the same section”; and

(c) after “rule 5A(1)”, insert “or 5AZA(1) respectively”.

(7) In the schedule (forms)(7)—

(a) after Form 5A (form of citation for summary application for commitment to prison or disqualification from driving), insert Form 5AZA in schedule 1 of this Act of Sederunt;

(b) in Form 5E (form of order of disqualification from holding or obtaining a driving licence), after “in respect of which this Order is made is paid*.”, insert—

“[Where the defender did not bring his or her driving licence to the hearing, Orders the defender to attend a hearing at (insert address of sheriff court) on (insert date) at (insert time) with his [or her] driving licence for the purpose of surrendering it.]

[[Where the sheriff decides under section 40B(1)(b) of the Child Support Act 1991 to suspend the operation of the disqualification, Orders that the operation of the disqualification be suspended until (insert date)] [if the sheriff imposes any conditions on the suspension, on the following conditions (describe the conditions here)].]”; and

(c) after Form 5E, insert Form 5EA in schedule 2 of this Act of Sederunt.

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

5th December 2018

Paragraph 2(7)(a)

SCHEDULE 1

Paragraph 2(7)(c)

SCHEDULE 2

EXPLANATORY NOTE

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

This Act of Sederunt amends the Act of Sederunt (Child Support Rules) 1993 (“the Child Support Rules”) to make provision about disqualification from holding or obtaining a United Kingdom passport. This new type of court order is created by provisions inserted into the Child Support Act 1991 by section 27 of the Child Maintenance and Other Payments Act 2008.

Paragraph 2(2) inserts a new rule 5AZA, which provides that (i) an application for disqualification from holding or obtaining a United Kingdom passport is to be made by summary application; and (ii) citation of a liable person must be in Form 5AZA.

Paragraph 2(3), (4) and (6) insert at the relevant places in the Child Support Rules references to the new rules and relevant provisions which were inserted into the Child Support Act 1991 by the Child Maintenance and Other Payments Act 2008.

Paragraph 2(5) inserts a new rule 5EA, which provides that (i) an order disqualifying a person from holding or obtaining a United Kingdom passport must be made in Form 5EA; and (ii) an application for a reduction in the period of disqualification is to be made by minute.

Paragraph 2(7) inserts Form 5AZA and Form 5EA. It also makes some amendments to Form 5E, in order to make it consistent with Form 5EA.

(1)

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

(2)

2014 asp 18.

(3)

1991 c.48. The Child Support Act 1991 was relevantly amended by section 27 of the Child Maintenance and Other Payments Act 2008 (c.6).

(4)

S.I. 1993/920, last amended by S.S.I. 2016/242.

(5)

Rules 5A to 5F were inserted by S.S.I. 2001/143; rules 5B, 5D and 5E were amended by S.S.I. 2015/351.

(6)

Sections 39B to 39G of the Child Support Act 1991 (c.48) were inserted by the Child Maintenance and Other Payments Act 2008 (c.6), section 27.

(7)

The schedule was substituted by S.S.I. 2015/351.