Act of Sederunt (Child Support Rules) Amendment 2001

Scottish Statutory Instruments

2001 No. 143

SHERIFF COURT

Act of Sederunt (Child Support Rules) Amendment 2001

Made

30th March 2001

Coming into force

2nd April 2001

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971(1) and section 40A(8) of the Child Support Act 1991(2) and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

Citation, commencement and interpretation

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules) Amendment 2001 and shall come into force on 2nd April 2001.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Act of Sederunt (Child Support Rules) 1993

2.—(1) The Act of Sederunt (Child Support Rules) 1993(3) shall be amended in accordance with the following paragraphs.

(2) In rule 2(1) (application for a liability order), “and Form A” shall be omitted.

(3) In rule 5(1) (appeal against a deduction from earnings order), for “Form A” there shall be substituted “Form A1”.

(4) After rule 5 insert–

“Application for commitment to prison or disqualification from driving

5A.— (1) An application under section 39A(1)(4) of the Act of 1991 shall be made by summary application.

(2) Citation, where necessary, of a respondent in respect of an application under paragraph (1) shall be in Form 7.

Warrant of arrest

5B.— (1) The sheriff may issue a warrant for the arrest of the liable person if–

(a) he has been cited in terms of rule 5A(2) and fails to appear in person at the hearing; or

(b) the sheriff otherwise considers it to be appropriate for the purpose of enabling an inquiry in terms of section 39A(3) of the Act of 1991.

(2) A warrant issued in terms of paragraph (1) shall be in Form 8.

Evidence of means

5C.   In any proceedings following an application made in terms of rule 5A(1), a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be sufficient evidence of the facts there stated.

Warrant of commitment to prison

5D.   A warrant for the commitment of a liable person to prison issued in terms of section 40A(1)(a) of the Act of 1991 shall be in Form 9.

Order for disqualification from driving

5E.— (1) A disqualification order made in terms of section 40B(1)(5) of the Act of 1991 shall be in Form 10.

(2) An application in terms of section 40B(5) of the Act of 1991 for a reduction in a period of disqualification, shall be made by minute.

Renewal of application

5F.   If no order is made in respect of an application under section 39A(1) of the Act of 1991 any further application under that section, including the renewal of an application, shall be made of new by summary application in terms of rule 5A(1).”.

(5) After Form 6 in the Schedule, insert the forms as set out in the Schedule to this Act of Sederunt.

Rodger of Earlsferry

Lord President, I.P.D.

Edinburgh

30th March 2001

Rule 2(5)

SCHEDULE

Rule 5A

FORM 7 Form of citation for summary application for commitment to prison or disqualification from driving

Form 7

FORM 7A Form of notice to be served on respondent to assist court to inquire into respondent’s financial position

Rule 5B

FORM 8 Form of Warrant to Arrest

Rule 5D

FORM 9 Child Support Act 1991

Rule 5E

FORM 10 Child Support Act 1991, Sections 39A and 40B

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Child Support Rules) 1993) as follows:

(a) the correction of the reference in rules 2(1) and 5(1) to “Form A” of the Ordinary Cause Rules of the Sheriff Court by the deletion of that reference in rule 2(1) and the substitution of that reference in rule 5(1) with a reference to “Form A1”;

(b) the insertion of new rules relating to certain provisions of the Child Support Act 1991(“the Act of 1991”) (as inserted by the Child Support, Pensions and Social Security Act 2000) to penalise the non-payment of child support, namely–

(i) new rule 5A to provide for applications under section 39A(1) of the Act of 1991 to be made by summary application;

(ii) new rule 5B to provide for the sheriff to issue warrants for the arrest of a liable person in certain circumstances under the Act of 1991, and for the form of such warrants;

(iii) new rule 5C to provide for evidence of means in any applications under rule 5A;

(iv) new rule 5D providing the form of a warrant for the commitment of a liable person to prison under the Act of 1991;

(v) new rule 5E providing for the form of disqualification from driving orders under the Act of 1991; and

(vi) new rule 5F providing for further applications under the Act of 1991 to be made of new by summary application; and

(c) the insertion of new forms set out in the Schedule to this Act of Sederunt–

(i) Form 7, the form of citation for summary application for commitment to prison or disqualification from driving;

(ii) Form 7A, the form of Notice to accompany Form 8, to be served on a respondent to assist the court to inquire into the respondent’s financial position;

(iii) Form 8, the form of warrant to arrest;

(iv) Form 9, the form of warrant of commitment to prison; and

(v) Form 10, the form of disqualification from holding or obtaining a driving licence.

(1)

1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4), the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2), and the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 13, and was extended by sections 39(2) and 49 of the Child Support Act 1991 (c. 48).

(2)

1991 c. 48; section 40A was inserted by section 17(2) of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the Act of 2000”).

(3)

S.I. 1993/920.

(4)

Section 39A was inserted by section 16(1) of the Act of 2000.

(5)

Section 40B was inserted by section 16(3) of the Act of 2000