http://www.legislation.gov.uk/ssi/2013/293/article/2Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013enSHERIFF COURT2022-03-31Statute Law Database2013-11-11
This Act of Sederunt makes amendments to the Summary Application Rules in respect of proceedings under the Adults with Incapacity (Scotland) Act 2000 and under the Proceeds of Crime Act 2002 (External Investigations) Order 2013.
Adults with Incapacity
2
1
The Summary Application Rules are amended in accordance with the following subparagraphs.
2
In rule3.16.1 (Interpretation), for the definition of “guardianship order” substitute—
“guardianship order” means an order made under—
section57(2)(c) or section58(1A) of the Criminal Procedure (Scotland) Act 1995; or
section58(4) of the 2000 Act;
.
3
In rule3.16.4 (Service of application and renewal proceedings)—
a
in paragraph (1) at the end of head (ii) of subparagraph (i), insert “and”;
b
in paragraph (4)—
i
at the beginning of subparagraph(a), insert “immediately”;
ii
in subparagraph(b) before “complete”, insert “, and in any event before the date of the hearing specified in Form20,”.
4
In rule3.16.8 (Subsequent applications)—
a
after paragraph(1), insert—
1ZA
Where a guardianship order has been made under section57(2)(c) or section58(1A) of the Criminal Procedure (Scotland) Act 1995, an application to renew it shall be made—
a
on the first such application, in Form23;
b
on any subsequent application, in the form of a minute lodged in the process.
;
b
in paragraph(1A) for “any such minute” substitute “any minute lodged under this rule”.
5
In Form21 (Form of notice to managers) after “You are requested”, insert “immediately on receipt”.
Rule3.16.1 was inserted by S.S.I. 2001/142, and amended by S.S.I. 2002/146, 2005/445 and 2008/111.
Rule3.16.4 was inserted by S.S.I. 2001/142, and amended by S.S.I. 2002/146 and 2013/171.
Rule3.16.8 was inserted by S.S.I. 2001/142, and amended by S.S.I. 2002/146, 2008/111 and 2013/171.
Form21 was inserted by S.S.I. 2001/142.
Para. 2 in force at 11.11.2013, see para. 1(2)