Search Legislation

Act of Sederunt (Child Care and Maintenance Rules) 1997

What Version

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

Status:

This is the original version (as it was originally made).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

Applications under section 5 of the 1982 Act

5.38—(1) An application under section 5 of the 1982 Act shall be in writing addressed to the Secretary of State, signed by the applicant, or a solicitor or professional person qualified to act in such matters in the Contracting State of origin on his behalf, and shall specify–

(a)an address within Scotland for service on the applicant;

(b)the usual and last known address of the person against whom judgement was granted;

(c)the place where the applicant seeks to enforce the judgement;

(d)whether at the date of the application the judgement has been satisfied in whole or in part;

(e)whether interest is recoverable under the judgement in accordance with the law of the country in which it was granted and, if so, the rate of interest and the date from which interest became due; and

(f)whether the time for bringing an appeal against the judgement has expired without an appeal having been brought or whether an appeal has been brought against the judgement and is pending or has been finally disposed of.

(2) An application under paragraph (1) shall be accompanied by–

(a)a copy of the judgement authenticated by the court which made the order;

(b)documents which establish that, according to the law of the country in which the judgement has been given, the judgement is enforceable and has been served;

(c)in the case of a judgement given in default, documents which establish that the party in default was served with the documents instituting the proceedings;

(d)where appropriate, a document showing that the applicant is in receipt of legal aid in the country in which the judgement was given; and

(e)where the judgement or any of the documents specified in sub-paragraphs (b) to (d) are in a language other than English, a translation into English certified by a person qualified to do so in one of the Contracting States.

(3) Where the applicant does not produce a document required under paragraph (2)(c) or (d), the sheriff clerk may–

(a)fix a time within which the document is to be produced;

(b)accept an equivalent document; or

(c)dispense with production of the document.

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