Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019

Amendment of the Rules of the Court of Session 1994

2.—(1) The Rules of the Court of Session 1994(1) are amended in accordance with this paragraph.

(2) In rule 97.1 (application and interpretation)(2)—

(a) in paragraph (1), after “section 54”, insert “or 54A(3)”;

(b) in paragraph (2), in the definition of “parental order”, after “section 54”, insert “or 54A”.

(3) In rule 97.7(4) (protection of identity of petitioners), after “section 54(6)”, insert “or 54A(5)”.

(4) In rule 97.9 (duties of a reporting officer and curator ad litem)(4)—

(a) in paragraph (1)—

(i) in sub-paragraph (c), after “section 54(6)”, insert “or 54A(5)”;

(ii) in sub-paragraph (d), for “(8) of section 54”, substitute “(8A) of section 54 or subsections (2) to (8) of section 54A”;

(b) in paragraph (2)(d), after “section 54(8)”, insert “or 54A(7)”;

(c) in paragraph (5)(b), after “section 54(6)”, insert “or 54A(5)”.

(5) In rule 97.10(1) (agreement), after “section 54(6)”, insert “or 54A(5)”.

(6) In rule 97.11(1) (procedure where child wishes to express a view), after “section 54(11)”, insert “or 54A(11)”.

(7) In the Appendix (forms)—

(a) in Form 97.3 (form of petition for parental order under section 54 of the Human Fertilisation and Embryology Act 2008)—

(i) in the heading, after “section 54”, insert “or 54A”;

(ii) in the instance, after “section 54”, insert “[or 54A]”;

(iii) in the prayer, after “section 54”, insert “[or 54A]”;

(iv) in the signing docquet, after “Counsel or other person having a right of audience]”, on the next line, insert—

“

”;

(v) at the end of the form, insert—

“

”;

(b) in Form 97.10 (form of agreement to a parental order under section 54(6) of the Human Fertilisation and Embryology Act 2008)—

(i) in the heading, after “section 54(6)”, insert “or 54A(5)”;

(ii) in the instance, after “section 54”, insert “or [54A]”;

(iii) at the end of the form, insert—

“

”;

(c) in Form 97.12 (form of intimation of hearing of application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008)—

(i) in the heading, after “section 54”, insert “or 54A”;

(ii) in the instance, after “section 54”, insert “[or 54A]”;

(iii) in paragraph 3, after “the petitioners”, insert “[or petitioner]”;

(iv) in the signing docquet—

(aa) after “for petitioners”, insert “[or petitioner]”;

(bb) after “[Deputy Principal Clerk*]”, insert “or [Petitioner[s]]”.

(1)

The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443, last amended by S.S.I. 2019/146).

(2)

Chapter 97 and associated forms were inserted by S.S.I. 2010/136.

(3)

Section 54A was inserted by S.I. 2018/1413.

(4)

Rules 97.9 and 97.10 were amended by S.S.I. 2010/205.