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Children (Scotland) Act 2020
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Prospective
29Extension to sheriff of enforcement powers under Family Law Act 1986S
This section has no associated Explanatory Notes
(1)The Family Law Act 1986 is modified by subsections (2) and (3).
(2)After section 29 insert—
“29AEnforcement: special Scottish rule
(1)For the purposes of its enforcement, a Part 1 order that is registered in the Court of Session under section 27 is to be regarded as also registered under that section in every sheriff court.
(2)A sheriff may entertain an application for the enforcement of a Part 1 order if the sheriff would have jurisdiction under Chapter 3 of this Part to make a Part 1 order in respect of the child concerned.
(3)In reading Chapter 3 of this Part for the purposes of subsection (2)—
(a)sections 11 and 13 are to be ignored, and
(b)any reference to the date of the application is to be read as a reference to the date of the application for the enforcement of the Part 1 order.”.
(3)In section 31(2) (dismissal of enforcement proceedings), after “Court of Session” insert “ or sheriff court ”,
(4)The Courts Reform (Scotland) Act 2014 is modified by subsection (5).
(5)In section 43(3)(c) (jurisdiction over persons etc.), after “Part 1” insert “ and section 29A ”.
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