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Act of Sederunt (Child Care and Maintenance Rules) 1997

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Appeal by party against whom enforcement is authorised

5.41—(1) Where enforcement of a maintenance order is authorised to any extent, the party against whom enforcement is authorised may appeal by way of summary application to the sheriff against the decision of the sheriff clerk–

(a)within one month from the date of service of the notice under rule 5.40; or

(b)if the person against whom enforcement is sought is domiciled in a Contracting State other than the United Kingdom, within two months from the date of service of such notice.

(2) The determination of the sheriff of such a summary application shall be subject to a final appeal on a point of law to the Inner House of the Court of Session in accordance with the Ordinary Cause Rules.

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