(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the principal Rules”) by inserting into Chapter 3 a new Part (Part XVI).
Rule 3(2) inserts into the principal Rules the new Part containing specific provisions in relation to the Adults with Incapacity (Scotland) Act 2000 (“the 2000 Act”). The new rules provide as follows–
(a)rule 3.16.1 provides a number of definitions for use in that Part of the principal Rules;
(b)rule 3.16.2 provides for the appointment of a hearing where an application or other proceeding has been submitted under the 2000 Act, whilst new rule 3.16.3 allows the Sheriff to appoint that the hearing take place outwith the sheriff court, including in a hospital, where he considers it appropriate in the circumstances. Under new rule 3.16.6 any hearing is to take place within 28 days of the interlocutor fixing the hearing;
(c)rule 3.16.4. paragraph (1) provides a list of parties on whom the application is to be served in the specified form, including the adult in question and the nearest relative of that adult. Paragraph (3) provides that where the adult is in an authorised establishment, the managers of that establishment are to be served with the relevant form instead of the adult. Paragraph (4) provides that the managers are then to deliver the notice to the adult, unless service is to be dispensed with under rule 3.16.5, and thereafter return to the sheriff clerk a certificate of delivery in the specified form;
(d)rule 3.16.5 allows the sheriff to dispense with service of an application or proceeding on an adult where two medical certificates state that service would be likely to pose a serious risk to the health of the adult;
(e)rule 3.16.7 prescribes the forms of application and appeal to the sheriff under the 2000 Act, whilst new rule 3.16.8 provides for any subsequent applications or proceedings to take the form of a minute lodged in the process; and
(f)rule 3.16.9 provides for the transmission of papers relating to the application to the sheriff clerk where that application is remitted to the sheriff by the Public Guardian or any other party authorised to do so.
Rule 3(3) inserts into the principal Rules the following forms, set out in the Schedule to this Act of Sederunt–
(a)Form 20, the form of notice to be served of an application under the 2000 Act;
(b)Form 21, the form of notice to managers which is to accompany Form 20 where the adult is in an authorised establishment;
(c)Form 22, the form of certificate of delivery of Form 20 to an adult by a manager;
(d)Form 23, the form of summary application to be used for applications under the 2000 Act; and
(e)Form 24, the form of appeal to the sheriff for appeals under the 2000 Act.