2008 No. 375
SHERIFF COURT

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No. 3) 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, sections 26(2) and 27(1) and (2)2 of the Adult Support and Protection (Scotland) Act 20073, 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 and commencement1.

(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) (No. 3) 2008 and shall come into force on 20th November 2008.

(2)

This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Summary Application Rules2.

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19994 is amended in accordance with the following subparagraphs.

(2)

Paragraph (3) of rule 3.35.4 (attachment of power of arrest)5 is omitted.

(3)

For rule 3.35.5 (notification to adult at risk)6 substitute–

“Notification to adult at risk etc.3.35.5.

Where section 26(1)(b) of the Act (notification to the adult at risk etc. on the variation or recall of a banning order or temporary banning order) applies, the person prescribed for the purposes of section 26(2) is the sheriff clerk.”.

(4)

In rule 3.35.6 (certificate of delivery of documents)7 for “section 25(2) or 26(2)” substitute “section 26(2), 27(1) or 27(2)”.

(5)

For Form 34 in Schedule 18, substitute Form 34 set out in the Schedule to this Act of Sederunt.
A C HAMILTON
Lord President I.P.D.

Edinburgh

SCHEDULE

Paragraph 2(5)

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

This Act of Sederunt amends Part XXXV of the Summary Application Rules, which was inserted by the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No. 2) 2008 (S.S.I. 2008/335).

Paragraph (3) of rule 3.35.4 is omitted.

A new rule 3.35.5 is substituted prescribing that in relation to an application for a variation or recall of a banning order or temporary banning order delivery under section 26(2) of the Adult Support and Protection (Scotland) Act 2007 (asp 10) (“the Act”) should be carried out by the sheriff clerk.

Rule 3.35.6 is amended to provide that the requirement to certify delivery of documents applies to delivery under section 26(2) of the Act to the adult at risk and any other person with an interest as specified by the sheriff and to delivery under section 27 of the Act to the chief constable. A new Form 34 (certification of delivery under section 26(2) or 27(1) or (2) of the Act) is substituted.