2008 No. 111
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) 2008
Made
Coming into force
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711, 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 said Act of 1971, do hereby enact and declare:
Citation, commencement and interpretation1
1
This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) 2008 and shall come into force on 1st April 2008.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
3
In this Act of Sederunt, “the Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19992.
Named person of the adult2
1
2
In rule 3.16.4 of the Rules (service of application)5 after subparagraph (c) insert–
ca
the named person of the adult (if any);
3
After paragraph (2)(b) in each of Forms 23 and 246 in Schedule 1 to the Rules insert–
ba
the adult’s named person;
Guardianship3
1
For the definition of “adult” in rule 3.16.1 of the Rules (interpretation) substitute–
“adult” means a person who is the subject of an application under the 2000 Act and–
- a
has attained the age of 16 years; or
- b
in relation to an application for a guardianship order, will attain the age of 16 years within 3 months of the date of the application;
2
In rule 3.16.8 of the Rules (subsequent applications)7–
a
in paragraph (4) for “copies of the reports in accordance with section 57(3)” substitute–
a copy of any report lodged under section 60 of the 2000 Act
b
after paragraph (4) insert–
5
Where the application is for renewal of a guardianship order, a copy shall be served on the local authority and, where it relates to the adult’s personal welfare where incapacity is by reason of mental disorder, on the Mental Welfare Commission.
Caution and other security4
1
In rule 3.16.10 of the Rules (caution)8–
a
after paragraph (1) insert–
1A
The amount of caution specified by the sheriff in paragraph (1) may be calculated and expressed as a percentage of the value of the adult’s estate.
b
after paragraph (5) insert–
6
Where the sheriff requires the person referred to in paragraph (1) to give security other than caution, the rules of Chapter 27 of the Ordinary Cause Rules shall apply with the necessary modifications.
2
The heading of rule 3.16.10 becomes “Caution and Other Security”.
(This note is not part of the Act of Sederunt)