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

Reports by local authorities under section 49(2) of the Act of 1975

49.21.—(1) On completion of a report made under section 49(2) of the Act of 1975 (report by local authority on child in certain custody applications), the local authority shall–

(a) send the report, and a copy of it for each party, to the Deputy Principal Clerk; and

(b) where a curator ad litem has been appointed to the child in respect of whom the application for custody has been made, send a copy of the report to him.

(2) On receipt of such a report, the Deputy Principal Clerk shall–

(a) cause the report to be lodged in process; and

(b) give written intimation to each party that this has been done and that he may uplift a copy of the report from process.

(3) Where intimation is given to a local authority under rule 49.8(1)(g) or (4) for the purposes of section 49(2) of the Act of 1975, an application for the custody of the child shall not be determined until the report of the local authority has been lodged in process.

(4) When disposing of an application for custody, the court shall determine which party or parties are to be liable for the expenses of the local authority incurred in the preparation of any report made under section 49(2) of the Act of 1975.