Act of Sederunt (Rules of the Court of Session 1994) 1994

Intimation before committal to care or supervision

49.37.—(1) Where the court is considering making an order under section 10(1) of the Act of1958(1) (committal of care of child to an individual other than one of the parties to the marriage or to a local authority) or Under section 12(1) of that Act(2) (placing child under supervision of a local authority), it shall ordain one of the parties to intimate to that person or to the chief executive of the appropriate local authority, as the case may be, where not already a party to the action and represented at the hearing at which the issue arises–

(a) a copy of the pleadings (including any adjustments and amendments);

(b) the terms of any relevant motion;

(c) a notice of intimation in Form 49.37 requiring any representations which that person or that local authority wishes to make to the court to be made by minute in the process of the action within such period as the court has determined.

(2) Before lodging a minute under paragraph (1)(c), the minuter shall intimate to every other party a copy of the minute and the date on which it will be lodged.

(1)

Section 10(1) of the Act of 1958 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 2; and the Family Law Act 1986 (c. 55), Schedule 1, paragraph 6.

(2)

Section 12(1) of the Act of 1958 was amended by the Social Work (Scotland) Act 1968 (c. 49), Schedule 9.