Act of Sederunt (Rules of the Court of Session 1994) 1994

[F1 Hearing S

81.12.— (1) On receipt of the reports referred to in rule 81.11, the Deputy Principal Clerk shall–

(a) cause the reports and any other documents to be lodged in process;

(b) give written intimation to each party of the lodging of those documents and make them available to each party; and

(c) within 7 days thereafter, cause–

(i) the petition to be put out on the By Order Roll before the Lord Ordinary; and

(ii) written intimation of the date of the hearing on the By Order Roll to be given to each party.

(2) At the hearing on the By Order Roll, the court–

(a) shall pronounce an interlocutor appointing the petition to a hearing to determine the petition; and

(b) may, in such interlocutor–

(i) order any person whose agreement is required to be given to attend the hearing;

(ii) order intimation of the date of the hearing to any person not mentioned in paragraph (3)(a), (b) or (c); and

(iii) order the reporting office or curatorad litemto perform additional duties to assist the court in determining the petition.

(3) The petitioners shall intimate the date of the hearing ordered under paragraph (2)(a) in Form 81.12 to–

(a) every person whose whereabouts are known to them and whose agreement is required to be given;

(b) the reporting officer appointed under rule 81.10(1)(a);

(c) any curatorad litemappointed under rule 81.10(1)(b); and

(d) any person on whom intimation has been ordered under paragraph (2)(b)(ii).

(4) At the hearing ordered under paragraph (2)(a)–

(a) the petitioners, the reporting officer and, where one has been appointed, the curatorad litemshall, if required by the court, appear and may be represented;

(b) any person required by the court to attend the hearing shall appear and may be represented;

(c) any other person to whom intimation was made under paragraph (3)(a) or (d) may appear or be represented.]

Textual Amendments

F1 Sch. 2 Ch. 81 inserted (1.11.1994) by Act of Sederunt (Rules of the Court of Session 1994 Amendment No.2) (Human Fertilisation and Embryology) (Parental Orders) 1994 (S.I. 1994/2806), para.1(1), Sch. 1