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

Appointment of local authority or reporter to report on a child S

49.22.—(1) This rule applies where, at any stage of a family action, the court appoints–

(a) a local authority under section 11(1) of the Matrimonial Proceedings (Children) Act 1958(1) or section 12(2)(a) of the Guardianship Act 1973(2) (which both relate to a report on a child with respect to custody), or

(b) another person (referred to in this rule as a “reporter”), whether under a provision mentioned in sub-paragraph (a) or otherwise,

to investigate and report to the court on the circumstances of a child and on proposed arrangements for the care and upbringing of the child.

(2) On making an appointment referred to in paragraph (1), the court shall direct that the party who sought the appointment or, where the court makes the appointment at its own instance, the pursuer or minuter, as the case may be, shall–

(a) instruct the local authority or reporter; and

(b) be responsible, in the first instance, for the fees and outlays of the local authority or reporter appointed.

(3) Where a local authority or reporter is appointed–

(a) the party who sought the appointment, or

(b) where the court makes the appointment at its own instance, the pursuer or minuter, as the case may be,

shall, within 7 days after the date of the appointment, intimate the name and address of the local authority or reporter to any local authority to which intimation of the family action has been made.

(4) The local authority or reporter, as the case may be, shall, on completion of a report referred to in paragraph (1), send the report, and a copy of it for each party, to the Deputy Principal Clerk.

(5) On receipt of such a report, the Deputy Principal Clerk shall–

(a) cause the report to be lodged in process; and

(b) give written intimation to each party that this has been done and that he may uplift a copy of the report from process.

(6) Where a local authority or reporter has been appointed to investigate and report in respect of a child, an application for the custody of that child shall not be determined until the report of the local authority or the reporter, as the case may be, has been lodged in process.

Commencement Information

I1 Sch. 2 rule 49.22 in force at 5.9.1994, see para. 1(1)

(1)

1958 c. 40; section 11(1) was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 2 and by the Family Law Act 1986 (c. 55), Schedule 1, paragraph 7.

(2)

1973 c. 29; section 12(2)(a) was amended by the Children Act 1975 (c. 72), section 48(4).