2009 No. 365  
Sheriff Court

Act of Sederunt (Child Support Rules) (Amendment) 2009

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 and commencement1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules) (Amendment) 2009 and comes into force on 11th November 2009.

(2)

This Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of the Child Support Rules2.

(1)

The Act of Sederunt (Child Support Rules) 19932 is amended in accordance with the following subparagraphs.

(2)

In paragraph (3) of rule 1 (interpretation)—

(a)

after the definition of “the Act of 1991” insert—

““the Commission” means the Child Maintenance and Enforcement Commission;”;

(b)

after the definition of “liable person” insert—
““lump sum deduction order” means an order under section 32F of the Act of 19913; and
“regular deduction order” means an order under section 32A of the Act of 19914.”.

(3)

In paragraph (1) of rule 2 (application for a liability order)5—

(a)

for “Secretary of State” substitute “Commission”;

(b)

omit “, and rule 3 of the Ordinary Cause Rules of the sheriff court shall not apply to such an application”.

(4)

In rule 5 (appeal against a deduction from earnings order)6—

(a)

in paragraph (1) omit “, and rule 3 and Form A1 of the Ordinary Cause Rules of the sheriff court shall not apply to such an appeal”;

(b)

in paragraph (2)(b) for “Secretary of State” substitute “Commission”;

(c)

after paragraph (2) insert—

“(3)

The sheriff may order intimation of the application to such persons as appear to the sheriff to have an interest in the application.”.

(5)

After rule 5 insert—

“Deduction from earnings order: exclusion decision appeals5AA.

(1)

 An appeal against a decision by the Commission that, in relation to a deduction from earnings order, the exclusion in section 29(4)(a) of the Act of 19917 does not apply, as provided for in regulations made under section 29(4)(b) of the Act of 1991, shall be by summary application in Form 5AA.

(2)

The sheriff clerk, on receiving an application under paragraph (1) above, shall—

(a)

fix a date for the hearing of the appeal; and

(b)

order service of the application on the Commission.

(3)

The sheriff may order intimation of the application to such persons as appear to the sheriff to have an interest in the application.

Regular deduction order: appeals5AB.

(1)

 An appeal against a regular deduction order or against any decision made by the Commission on an application for a review of such an order, as provided for in regulations made under section 32C(4) of the Act of 19918, shall be by summary application in Form 5AB.

(2)

The sheriff clerk, on receiving an application under paragraph (1) above, shall—

(a)

fix a date for the hearing of the appeal; and

(b)

order service of the application on the Commission.

(3)

The sheriff may order intimation of the application to such persons as appear to the sheriff to have an interest in the application.

Lump sum deduction order: appeals5AC.

(1)

 An appeal against the withholding of consent by the Commission in relation to a lump sum deduction order, as provided for in regulations made under section 32I(4) of the Act of 19919, shall be by summary application in Form 5AC.

(2)

An appeal against the making of a lump sum deduction order as provided for in regulations made under section 32J(5) of the Act of 199110 shall be by summary application in Form 5AD.

(3)

The sheriff clerk, on receiving an application under paragraph (1) or (2) above, shall—

(a)

fix a date for the hearing of the appeal; and

(b)

order service of the application on the Commission.

(4)

The sheriff may order intimation of the application to such persons as appear to the sheriff to have an interest in the application.”.

(6)

For “Secretary of State” or, as the case may be, “Secretary of State for Social Security”, in every place where those expressions appear in Forms 1, 3, 4, 5, 6, 9 and 10 substitute “Child Maintenance and Enforcement Commission”.

(7)

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

Saving provision3.

The Act of Sederunt (Child Support Rules) 1993 as it applied immediately before 11th November 2009 continues to have effect for the purpose of any legal proceedings continuing or brought against the Secretary of State by virtue of paragraph 55 of Schedule 3 to the Child Maintenance and Other Payments Act 200811.
A.C. HAMILTON
Lord President
I.P.D.

Edinburgh

SCHEDULE

Paragraph 2(7)

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 in consequence of the Child Maintenance and Other Payments Act 2008.

Paragraph 2(2) to (4) makes various amendments which include inserting new definitions into rule 1 and changing references from the “Secretary of State” and “Secretary of State for Social Security” to the “Commission”.

Paragraph 2(5) inserts new rules 5AA to 5AC providing application forms for appeals in relation to deduction from earnings orders, regular deduction orders and lump sum deduction orders.

Paragraph 2(6) changes references in various forms from the “Secretary of State” and “Secretary of State for Social Security” to the “Child Maintenance and Enforcement Commission”.

By virtue of paragraph 55 of Schedule 3 to the Child Maintenance and Other Payments Act 2008, the Secretary of State retains responsibility for his actions and omissions before the date of the commencement of section 13 of that Act. Paragraph 3 of this Act of Sederunt accordingly provides that the Act of Sederunt (Child Support Rules) 1993 as it applied immediately before 11th November 2009 continues to have effect for the purpose of proceedings relating to those actions and omissions.