Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011

Forced Marriage etc. (Protection and Jurisdiction)(Scotland) Act 2011

7.—(1) The Summary Application Rules are amended in accordance with the following subparagraph.

(2) After Part XXXIX of Chapter 3 (Public Health etc. (Scotland) Act 2008)(1), insert—

“PART XL FORCED MARRIAGE ETC. (PROTECTION AND JURISDICTION) (SCOTLAND) ACT 2011

Interpretation

3.40.1.   In this Part (except where the context otherwise requires) references to terms defined in Part 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011(2) have the same meaning here as given there.

Applications for leave for a forced marriage protection order

3.40.2.— (1) This rule applies where leave of the court is required to make an application for a forced marriage protection order.

(2) Leave shall be sought at the time of presenting the initial writ by letter addressed to the sheriff clerk.

(3) The letter shall include a statement of—

(a) the grounds on which leave is sought;

(b) whether or not the applicant has applied for legal aid.

(4) Where the applicant has applied for legal aid he or she must also present along with the initial writ written confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002(3), that notification of the application should be dispensed with or postponed.

(5) An application under paragraph (2) shall not be served or intimated unless the sheriff otherwise directs.

(6) The sheriff may hear the pursuer on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate.

(7) Where leave is granted, a copy of the interlocutor allowing leave must be served upon the defender along with the warrant of citation.

Applications for variation, recall or extension of a forced marriage protection order

3.40.3.— (1) An application for variation, recall or extension of a forced marriage protection order must be made by minute in the process relating to the forced marriage protection order.

(2) Except where the sheriff otherwise directs, any such minute must be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules.

(3) Paragraph (4) applies where leave of the court is required under section 7(1)(d) or 8(3)(d) of the 2011 Act before an application for variation, or recall or extension of a forced marriage protection order may be made.

(4) Leave shall be sought at the time of presenting the minute by letter addressed to the sheriff clerk.

(5) The letter shall include a statement of—

(a) the grounds on which leave is sought;

(b) whether or not the applicant has applied for legal aid.

(6) Where the applicant has applied for legal aid he or she must also present along with the minute confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002(4), that notification of the application should be dispensed with or postponed.

(7) An application under paragraph (4) shall not be served or intimated unless the sheriff otherwise directs.

(8) The sheriff may hear the applicant on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate.

(9) Where leave is granted, a copy of the interlocutor allowing leave must be intimated along with the minute.”.

(1)

Part XXXIX was inserted by S.S.I. 2009/320.

(2)

2011 asp 15.

(3)

S.S.I. 2002/494.

(4)

S.S.I. 2002/494.