Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013

EXPLANATORY NOTE

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

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.

Paragraph 2 amends Part XVI of the Summary Application Rules, which relates to proceedings under the Adults with Incapacity (Scotland) Act 2000.

Paragraph 2(2) substitutes a new definition of “guardianship order” so that it refers expressly to guardianship orders granted under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, as well as those under section 58(4) of the Adults with Incapacity (Scotland) Act 2000.

Paragraph 2(3)(a) makes a minor correction to rule 3.16.4(1), which specifies the persons on whom service of an application or other proceedings must be effected.

Paragraph 2(3)(b) amends rule 3.16.4(4), which requires the managers of authorised establishments (within the meaning of section 35(2) of the Adults with Incapacity (Scotland) Act 2000) to deliver Form 20 (notice of hearing) to an adult who is in an authorised establishment. It clarifies the timescales within which that delivery is to take place. Paragraph 2(5) makes a corresponding amendment to Form 21.

Paragraph 2(4) inserts a new paragraph (1ZA) into rule 3.16.8 in order to provide for the situation where a guardianship order was first made by a criminal court under the Criminal Procedure (Scotland) Act 1995. In those circumstances, there is no civil process in which to lodge a minute seeking renewal of the order, and so the new provision provides for applications to be made in Form 23 in the first instance and thereafter by minute in the process. It makes a consequential amendment to paragraph (1A).

Paragraph 3 inserts a new Part XLIII of Chapter 3 which prescribes the form in which applications under the provisions of the Proceeds of Crime Act 2002 (External Investigations) Order 2013 are to be made.

The Act of Sederunt comes into force on 11th November 2013. Paragraph 4 provides that the amendments in paragraph 2 do not apply to applications or other proceedings raised but not determined by that date.