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Act of Sederunt (Child Care and Maintenance Rules) 1997

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Statutory Instruments

1997 No. 291 (S.19)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Child Care and Maintenance Rules) 1997

Made

6th February 1997

Coming into force

1st April 1997

The Lords of Council and Session, under and by virtue of the powers conferred on them by sections 17, 20, 22, 23, 24 and 28(1) of the Maintenance Orders Act 1950(1), sections 2(4)(c), 2A(1) and 21(1) of the Maintenance Orders Act 1958(2), section 32 of the Sheriff Courts (Scotland) Act 1971(3), section 59 of the Adoption (Scotland) Act 1978(4) (as modified and applied in relation to parental orders under section 30 of the Human Fertilisation and Embryology Act 1990(5) and applications for such orders by paragraph 15 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994(6)), section 48 of the Civil Jurisdiction and Judgments Act 1982(7), sections 27(2), 28(1) and 42(1) of the Family Law Act 1986(8) and section 91 of the Children (Scotland) Act 1995(9) and of all other powers enabling them in that behalf, having approved, with modifications, draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

(1)

1950 c. 37; section 22 was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2, paragraph 14; section 23 was substituted by the Administration of Justice Act 1977 (c. 38), Schedule 3, paragraph 8; section 24 was amended by the Administration of Justice Act 1977, Schedule 3, paragraph 9 and the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 12, Part III, paragraph 1(4); section 28(1) contains a relevant definition of “prescribed”.

(2)

1958 c. 39; section 2A was inserted by the Civil Jurisdiction and Judgments Act 1982, Schedule 11, Part II, paragraph 6(2); section 21(1) contains a relevant definition of “prescribed”.

(3)

1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4) and the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2).

(4)

1978 c. 28; section 59 was amended by the Children (Scotland) Act 1995, Schedule 2, paragraph 27.

(6)

S.I. 1994/2804.

(7)

1982 c. 27; section 48 was amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), Schedule 2, paragraph 23.

(8)

1986 c. 55; section 42(1) contains a relevant definition of “prescribed”.

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