Act of Sederunt (Child Care and Maintenance Rules) 1997

Statutory Instruments

1997 No. 291 (S.19)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Child Care and Maintenance Rules) 1997

Made

6th February 1997

Coming into force

1st April 1997

The Lords of Council and Session, under and by virtue of the powers conferred on them by sections 17, 20, 22, 23, 24 and 28(1) of the Maintenance Orders Act 1950(1), sections 2(4)(c), 2A(1) and 21(1) of the Maintenance Orders Act 1958(2), section 32 of the Sheriff Courts (Scotland) Act 1971(3), section 59 of the Adoption (Scotland) Act 1978(4) (as modified and applied in relation to parental orders under section 30 of the Human Fertilisation and Embryology Act 1990(5) and applications for such orders by paragraph 15 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994(6)), section 48 of the Civil Jurisdiction and Judgments Act 1982(7), sections 27(2), 28(1) and 42(1) of the Family Law Act 1986(8) and section 91 of the Children (Scotland) Act 1995(9) and of all other powers enabling them in that behalf, having approved, with modifications, draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

CHAPTER 1 S PRELIMINARY

Citation and commencement S

1.1—(1) This Act of Sederunt may be cited as the Act of Sederunt (Child Care and Maintenance Rules) 1997 and shall come into force on 1st April 1997.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Commencement Information

I1 Rule 1.1 in force at 1.4.1997, see rule 1.1(1)

Interpretation S

1.2—(1) In this Act of Sederunt, unless the context otherwise requires–

“Ordinary Cause Rules” means the First Schedule to the Sheriff Courts (Scotland) Act 1907(10);

[F1 “Principal Reporter” is the person referred to in section 14 of the Children’s Hearings (Scotland) Act 2011 or any person carrying out the functions of the Principal Reporter by virtue of paragraph 10(1) of schedule 3 to that Act;]

“sheriff clerk” includes sheriff clerk depute.

(2) Unless the context otherwise requires, any reference in this Act of Sederunt to a specified Chapter, Part or rule shall be construed as a reference to the Chapter, Part or rule bearing that number in this Act of Sederunt, and a reference to a specified paragraph, sub-paragraph or head shall be construed as a reference to the paragraph, sub-paragraph or head so numbered or lettered in the provision in which that reference occurs.

(3) Any reference in this Act of Sederunt to a numbered Form shall be construed as a reference to the Form so numbered in Schedule 1 to this Act of Sederunt and includes a form substantially to the same effect with such variation as circumstances may require.

Textual Amendments

F1 Words in rule 1.2 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 2(2) (with para. 8)

Commencement Information

I2 Rule 1.2 in force at 1.4.1997, see rule 1.1(1)

Affidavits S

1.3  An affidavit required in terms of any provision of this Act of Sederunt may be emitted–

(a) in the United Kingdom, before a notary public or any other competent authority;

(b) outwith the United Kingdom, before a British diplomatic or consular officer, or any person authorised to administer an oath or affirmation under the law of the place where the oath or affirmation is made.

Commencement Information

I3 Rule 1.3 in force at 1.4.1997, see rule 1.1(1)

Revocations and transitional provisions S

1.4—(1) Subject to paragraphs (2) and (3), the Acts of Sederunt mentioned in column (1) of Schedule 2 to this Act of Sederunt are revoked to the extent specified in column (3) of that Schedule.

(2) Nothing in paragraph (1) or in Chapter 2 shall affect any cause which has been commenced before 1st April 1997 and to which that Chapter would otherwise apply, and such a cause shall proceed according to the law and practice in force immediately before that date.

(3) Nothing in paragraph (1) shall affect any cause to which paragraph 8(1) of Schedule 3 to the Children (Scotland) Act 1995 applies, and such a cause shall proceed according to the law and practice in force immediately before 1st April 1997.

Commencement Information

I4 Rule 1.4 in force at 1.4.1997, see rule 1.1(1)

[F2 Vulnerable witnesses S

1.5.— (1) This rule shall apply to proceedings under these rules, except those proceedings to which the rules in Part XI of Chapter 3 apply.

(2) At any hearing on an application under these rules, the sheriff shall ascertain whether there is or is likely to be a vulnerable witness who is to give evidence at or for the purposes of any proof or hearing, consider any child witness notice or vulnerable witness application that has been lodged where no order has been made under section 12(1) or (6) of the Vulnerable Witnesses (Scotland) Act 2004 and consider whether any order under section 12(1) of that Act requires to be made.

(3) Except where the sheriff otherwise directs, where a vulnerable witness is to give evidence at or for the purposes of any proof or hearing in an application under these rules, any application in relation to the vulnerable witness or special measure that may be ordered shall be dealt with in accordance with the rules within Chapter 45 of the Ordinary Cause Rules.

(4) In this rule, “vulnerable witness” means a witness within the meaning of section 11(1) of the Vulnerable Witnesses (Scotland) Act 2004.]

Textual Amendments

F2 Rule 1.5 inserted (1.11.2007) by Act of Sederunt (Child Care and Maintenance Rules 1997) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/468), paras. 1(1), 2(2)

[F3 Lodging audio or audio-visual recordings of children S

1.6.— (1) In this rule “child” is a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly.

(2) Except where the sheriff otherwise directs, where a party seeks to lodge an audio or audio-visual recording of a child as a production in an application under this Act of Sederunt, this shall be done in accordance with and regulated by Chapter 50 of the Ordinary Cause Rules.

(3) A party who has lodged a recording of a child shall—

(a) within 28 days after the final determination of the application, where no subsequent appeal has been [F4 made], or

(b) within 28 days after the disposal of any appeal [F5 made in relation to] the final determination of the application,

uplift the recording from process.

(4) Where a recording has not been uplifted as required by paragraph (3), the sheriff clerk shall intimate to—

(a) the solicitor who lodged the recording, or

(b) where no solicitor is acting, the party or such other party as seems appropriate,

that if he or she fails to uplift the recording within 28 days after the date of such intimation, it will be disposed of in such a manner as the sheriff directs.]

Textual Amendments

F3 Rule 1.6 inserted (1.11.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 4(2)

F4 Word in rule 1.6(3)(a) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 8(2)(a) (with para. 20)

F5 Words in rule 1.6(3)(b) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 8(2)(b) (with para. 20)

CHAPTER 2 S ADOPTION OF CHILDREN

PART I S GENERAL

Interpretation S

2.1  In this Chapter, unless the context otherwise requires–

“the Act” means the Adoption (Scotland) Act 1978(11);

“the 1995 Act” means the Children (Scotland) Act 1995(12);

F6 ...

F6 ...

[F7 “Her Majesty’s Forces” means the regular forces as defined in section 374 of the Armed Forces Act 2006; and]

“Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland.

Textual Amendments

F6 Words in rule 2.1 revoked (28.9.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (S.S.I. 2009/284), paras. 1(1), 4(1)(a)(i) (with para. 4(7))

F7 Words in rule 2.1 substituted (1.10.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(1), 17

Commencement Information

I5 Rule 2.1 in force at 1.4.1997, see rule 1.1(1)

Expenses S

2.2  The sheriff may make such an order with regard to the expenses, including the expenses of a reporting officer and a curator ad litem or any other person who attended a hearing, of an application under this Chapter as he thinks fit and may modify such expenses or direct them to be taxed on such scale as he may determine.

Commencement Information

I6 Rule 2.2 in force at 1.4.1997, see rule 1.1(1)

Intimation to Principal Reporter S

F8 2.3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Rule 2.3 revoked (28.9.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (S.S.I. 2009/284), paras. 1(1), 4(1)(a)(ii) (with para. 4(7))

Timetables under section 25A of the Act S

F9 2.4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Rule 2.4 revoked (28.9.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (S.S.I. 2009/284), paras. 1(1), 4(1)(a)(ii) (with para. 4(7))

F10 PART II S APPLICATION FOR AN ORDER DECLARING A CHILD FREE FOR ADOPTION

Textual Amendments

F10 Ch. 2 Pts. 2-5 revoked (28.9.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (S.S.I. 2009/284), paras. 1(1), 4(1)(b) (with para. 4(2)-(6))

Petition S

F10 2.5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreement and consents to order freeing child for adoption S

F10 2.6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of curator ad litem and reporting officer S

F10 2.7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of reporting officer and curator ad litem S

F10 2.8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where child wishes to express a view S

F10 2.9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declaration made under section 18(6) of the Act S

F10 2.10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearing S

F10 2.11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confidentiality S

F10 2.12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption Register S

F10 2.13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Final procedure S

F10 2.14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 PART III S REVOCATION ORDERS, ETC.

Application for revocation S

F10 2.15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of curator ad litem S

F10 2.16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where child wishes to express a view S

F10 2.17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearing S

F10 2.18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to place a child S

F10 2.19  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further application with leave of the court S

F10 2.20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 PART IV S ADOPTION ORDERS

Application for adoption order S

F10 2.21  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional requirements where child to be adopted abroad S

F10 2.22  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consents and agreements to adoption orders S

F10 2.23  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection of identity of petitioner S

F10 2.24  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of curator ad litem and reporting officer S

F10 2.25  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of reporting [F11 officer] and curator ad litem S

F10 2.26  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where child wishes to express a view S

F10 2.27  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearing S

F10 2.28  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insufficient evidence S

F10 2.29  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confidentiality S

F10 2.30  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Communications to the Registrar General S

F10 2.31  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption orders S

F10 2.32  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Final procedure S

F10 2.33  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of adoption order S

F10 2.34  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of adoption order S

F10 2.35  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for removal of child pending adoption S

F10 2.36  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 PART IVA S CONVENTION ADOPTION ORDERS

Interpretation S

F10 2.36A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for a Convention adoption order S

F10 2.36B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Process and form of application S

F10 2.36C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Part IV of Chapter 2 to Convention adoption orders S

F10 2.36D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of curator ad litem and reporting officer S

F10 2.36E.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearing S

F10 2.36F.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Communications to the Registrar General S

F10 2.36G.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 PART V S PARENTAL RESPONSIBILITIES ORDERS

Interpretation S

F10 2.37  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of application and agreement S

F10 2.38  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of curator ad litem and reporting officer S

F10 2.39  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties of reporting officer and curator ad litem S

F10 2.40  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where child wishes to express a view S

F10 2.41  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearing S

F10 2.42  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders S

F10 2.43  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation and discharge of order S

F10 2.44  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 PART VI S HUMAN FERTILISATION AND EMBRYOLOGY

Textual Amendments

F12 Ch. 2 Pt. 6 substituted (6.4.2010) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Human Fertilisation and Embryology Act 2008) 2010 (S.S.I. 2010/137), paras. 1(1), 2(2) (with para. 3)

Interpretation S

2.45   In this Part—

“2007 Act” means the Adoption and Children (Scotland) Act 2007;

“2008 Act” means the Human Fertilisation and Embryology Act 2008;

“parental order” means an order under section 54 [F13 or 54A(5)] of the 2008 Act; and

“the Regulations” means the Human Fertilisation and Embryology (Parental Orders) Regulations 2010.

Textual Amendments

F13 Words in rule 2.45 inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(2)

Form of application and productions S

2.46— (1) An application for a parental order is to be made by petition in Form 22.

(2) The following documents must be lodged in process along with the petition—

(a) an extract or a certified copy of the entry in the Register of Births relating to the child who is the subject of the application;

(b) extracts or certified copies of any entries in the Register of Births relating to the birth of each of the petitioners;

(c) in the case of an application under section 54(2)(a) of the 2008 Act, an extract or a certified copy of the entry in the Register of Marriages relating to the marriage of the petitioners;

(d) in the case of an application under section 54(2)(b) of the 2008 Act, an extract or a certified copy of the entry in the Register of Civil Partnerships relating to the civil partnership of the petitioners; and

(e) any other document founded on by the petitioners in support of the terms of the petition.

Confidentiality S

2.47— (1) Unless the sheriff otherwise directs, all documents lodged in process (including the reports by the curator ad litem and reporting officer) are to be available only to the sheriff, the curator ad litem, the reporting officer and the parties; and such documents must be treated as confidential by all persons involved in, or party to, the proceedings and by the sheriff clerk.

(2) The reporting officer and the curator ad litem—

(a) must treat all information obtained in the exercise of their duties as confidential; and

(b) must not disclose any such information to any person unless disclosure of such information is necessary for the purpose of their duties.

(3) This rule is subject to rule 2.53.

Orders for evidence S

2.48— (1) The sheriff may, before determining the cause, order—

(a) production of further documents (including affidavits); or

(b) parole evidence.

(2) A party may apply by motion for the evidence of a person to be received in evidence by affidavit; and the sheriff may make such order as the sheriff thinks fit.

Protection of identity of petitioners S

2.49— (1) Where persons who propose to apply for a parental order wish to prevent their identities being disclosed to any person whose agreement to the parental order is required, they may, before presenting the petition, apply by letter to the sheriff clerk for a serial number to be assigned to them for all purposes connected with the petition.

(2) On receipt of an application under paragraph (1), the sheriff clerk must—

(a) assign a serial number to the applicants; and

(b) enter a note of the number opposite the name of the applicants in a register of serial numbers kept by the sheriff clerk.

(3) The contents of the register of serial numbers and the names of the persons to whom each number relates must be treated as confidential by the sheriff clerk and must not be disclosed to any person other than the sheriff.

(4) Where a serial number has been assigned under paragraph (2)(a), any form of agreement to a parental order under section 54(6) [F14 or 54A(5)] of the 2008 Act—

(a) must refer to the petitioners by means of the serial number assigned to them;

(b) must not contain the names and designation of the petitioners; and

(c) must specify the year in which and the court by which the serial number was assigned.

Textual Amendments

F14 Words in rule 2.49(4) inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(3)

Appointment of a curator ad litem and reporting officer S

2.50— (1) The sheriff must on the lodging of a petition under rule 2.46, appoint a curator ad litem and reporting officer.

(2) The same person may be appointed as curator ad litem and reporting officer in the same petition, if the sheriff considers that doing so is appropriate in the circumstances.

(3) The sheriff may appoint a person who is not a member of a panel established under regulations made by virtue of section 101(1) of the 1995 Act to be curator ad litem or a reporting officer.

(4) The sheriff may, on cause shown, appoint a reporting officer prior to the lodging of such a petition.

(5) An application for an appointment under paragraph (4) is to be made by letter addressed to the sheriff clerk specifying the reasons for the appointment, and shall not require to be intimated to any other person.

(6) The sheriff clerk must intimate the appointment of a curator ad litem and reporting officer under paragraph (1) or (4) to the petitioner and to the person or persons appointed.

(7) Where the curator ad litem is not also the reporting officer, the sheriff may order the reporting officer to make available to the curator ad litem any report or information in relation to the child.

Duties of reporting officer and curator ad litem S

2.51— (1) The other duties of a reporting officer appointed under rule [F15 rule 2.50] prescribed for the purposes of section 108(1)(b) of the 2007 Act as modified and applied in relation to applications for parental orders by regulation 4 of, and Schedule 3, to the Regulations (rules: appointment of curators ad litem and reporting officers) are—

(a) to ascertain the whereabouts of all persons whose agreement to the making of a parental order in respect of the child is required;

(b) to ascertain whether there is any person other than those mentioned in the petition upon whom notice of the petition should be served;

(c) in the case of each person who is not a petitioner and whose agreement to the making of a parental order is required under section 54(6) [F16 or 54A(5)] of the 2008 Act—

(i) to ascertain whether that person understands the effect of the parental order;

(ii) to ascertain whether alternatives to a parental order have been discussed with that person;

(iii) to confirm that that person understands that he or she may withdraw his or her agreement at any time before an order is made;

(iv) to ascertain whether that person suffers or appears to suffer from a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; and

(d) to ascertain whether the conditions in subsections (2) to [F17 (8A) of section 54 or subsections (2) to (8) of section 54A] of the 2008 Act have been satisfied;

(e) to draw to the attention of the court any matter which may be of assistance; and

(f) to report in writing on the matters mentioned in subparagraphs (a) to (e) to the sheriff within 4 weeks from the date of the interlocutor appointing the reporting officer, or within such other period as the sheriff in his or her discretion may allow.

(2) A curator ad litem appointed under rule 2.50(1) must—

(a) have regard to safeguarding the interests of the child as his or her paramount duty;

(b) enquire, so far as he or she considers necessary, into the facts and circumstances stated in the petition;

(c) establish that the petitioners understand the nature and effect of a parental order and in particular that the making of the order will render them responsible for the maintenance and upbringing of the child;

(d) ascertain whether any money or other benefit which is prohibited by section 54(8) [F18 or 54A(7)] of the 2008 Act (prohibition on gift or receipt of money or other benefit) has been received or agreed upon;

(e) ascertain whether it may be in the interests of the welfare of the child that the sheriff should make the parental order subject to particular terms and conditions or require the petitioners to make special provision for the child and, if so, what provision;

(f) ascertain whether it would be better for the child that the court should make the order than it should not make the order;

(g) establish whether the proposed parental order is likely to safeguard and promote the welfare of the child throughout the child’s life; and

(h) ascertain from the child whether he or she wishes to express a view and, where a child indicates his or her wish to express a view, ascertain that view.

(3) Subject to paragraph (4), the curator ad litem must report in writing on the matters mentioned in paragraph (2) to the sheriff within 4 weeks from the date of the interlocutor appointing the curator, or within such other period as the sheriff in his or her discretion may allow.

(4) Subject to any order made by the sheriff under rule 2.53(1), the views of the child ascertained in terms of paragraph (2)(h) may, if the curator ad litem considers appropriate, be conveyed to the sheriff orally.

(5) The reporting officer must, on completion of his or her report in terms of paragraph (1), in addition send to the sheriff clerk—

(a) a copy of his or her report for each party; and

(b) any agreement for the purposes of section 54(6) [F19 or 54A(5)] of the 2008 Act.

(6) The curator ad litem must, on completion of his or her report in terms of paragraph (3), in addition send a copy of it for each party to the sheriff clerk.

Textual Amendments

F15 Words in rule 2.51(1) substituted (29.7.2010) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 7(4)

F16 Words in rule 2.51(1)(c) inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(4)(a)(i)

F17 Words in rule 2.51(1)(d) substituted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(4)(a)(ii)

F18 Words in rule 2.51(2)(d) inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(4)(b)

F19 Words in rule 2.51(5)(b) inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(4)(c)

Agreement S

2.52— (1) The agreement of a person required by section 54(6) [F20 or 54A(5)] of the 2008 Act is to be in Form 23.

(2) The form of agreement mentioned in paragraph (1) must be witnessed—

(a) where it is executed in Scotland, by the reporting officer appointed under [F21 rule 2.50];

(b) where it is executed outwith Scotland but within the United Kingdom, by a justice of the peace or commissioner for oaths;

(c) where it is executed outwith the United Kingdom—

(i) if the person who executes the agreement is serving in Her Majesty’s Forces, by an officer holding a commission in any of those forces; or

(ii) in any other case, by a British diplomatic or consular official or any person authorised to administer an oath or affirmation under the law of the place where the agreement is executed.

Textual Amendments

F20 Words in rule 2.52(1) inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(5)

F21 Words in rule 2.52(2)(a) substituted (29.7.2010) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 7(4)

Procedure where child wishes to express a view S

2.53— (1) Where a child to whom section 54(11) [F22 or 54A(11)] of the 2008 Act applies indicates his or her wish to express a view, the sheriff, without prejudice to rule 2.51(2)(h)—

(a) may order such procedural steps to be taken as the sheriff considers appropriate to ascertain the views of that child; and

(b) must not make an order under this Part unless an opportunity has been given for the views of that child to be obtained or heard.

(2) Where the views of a child, whether obtained under this rule or under rule 2.51(2)(h) have been recorded in writing, the sheriff may direct that such a written record is to—

(a) be sealed in an envelope marked “Views of the child – confidential”;

(b) be available to a sheriff only;

(c) not be opened by any person other than a sheriff; and

(d) not form a borrowable part of the process.

Textual Amendments

F22 Words in rule 2.53(1) inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(6)

Hearing S

2.54— (1) On receipt of the reports referred to in rule 2.51, the sheriff must fix a hearing.

(2) The sheriff may—

(a) order any person whose agreement is required to attend the hearing;

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

(c) order the reporting officer or curator ad litem to perform additional duties to assist him or her in determining the petition.

(3) The petitioners or, where a serial number has been assigned under rule 2.49, the sheriff clerk, must intimate the date of the hearing in Form 24 by registered post or recorded delivery letter to—

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

(b) the reporting officer appointed under [F23 rule 2.50];

(c) the curator ad litem appointed under rule 2.50(1); and

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

(4) At the hearing—

(a) the petitioners, the reporting officer and the curator ad litem must, if required by the sheriff, appear and may be represented;

(b) any other person required by the sheriff to attend the hearing must appear and may be represented; and

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

Textual Amendments

F23 Words in rule 2.54(3)(b) substituted (29.7.2010) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 7(4)

Applications under sections 22 and 24 of the 2007 Act S

2.55— (1) An application under section 22(3) (restrictions on removal: application for parental order pending), section 24(1) (return of child removed in breach of certain provisions) or section 24(2) (order directing person not to remove child) of the 2007 Act all as modified and applied in relation to applications for parental orders by regulation 4 of, and Schedule 3 to, the Regulations, is to be made by minute in the process of the petition for a parental order to which it relates.

(2) A minute under paragraph (1) must include an appropriate crave and statement of facts.

(3) On receipt of a minute under paragraph (1), the sheriff must—

(a) order a diet of hearing to be fixed; and

(b) ordain the minuter, or where a serial number has been assigned under rule 2.49, the sheriff clerk, to send a notice of such hearing in Form 25 together with a copy of the minute, by recorded delivery letter to the curator ad litem in the original petition, to any person who may have care and possession of the child and to such other persons as the sheriff considers appropriate.

Amendment of parental order S

2.56— (1) An application under paragraph 7 of Schedule 1 to the 2007 Act, as modified and applied in relation to parental orders by regulation 4 of, and Schedule 3 to, the Regulations (amendment of orders and rectification of registers) is to be made by petition to the court which made the parental order.

(2) The sheriff may order the petitioners to intimate the petition to such persons as the sheriff considers appropriate.

Communication to the Registrar General S

2.57   The communication to the Registrar General of a parental order required to be made by the sheriff clerk under paragraph 4(1) of Schedule 1 to the 2007 Act, as modified and applied in relation to parental orders by regulation 4 of, and Schedule 3 to, the Regulations (registration of parental orders), is to be made by sending a certified copy of the order to the Registrar General either by recorded delivery post in an envelope marked “Confidential”, or by personal delivery by the sheriff clerk in a sealed enveloped marked “Confidential”.

Extract of order S

2.58   An extract of a parental order must not be issued except by order of the court on an application to it—

(a) where there is a petition for the parental order depending before the court, by motion in that process; or

(b) where there is no such petition depending before the court, by petition.

Final procedure S

2.59— (1) After the granting of a parental order the court process must, immediately upon the communication under rule 2.57 being made or, in the event of an extract of the order being issued under rule 2.58, immediately upon such issue, be sealed by the sheriff clerk in an envelope marked “Confidential”.

(2) The envelope referred to in paragraph (1) is not to be unsealed by the sheriff clerk or by any other person having control of the records of that or any court, and the process is not to be made accessible to any person for one hundred years after the date of the granting of the order except—

(a) to the person who is the subject of the parental order after he or she has reached the age of 16 years; and

(b) to a person on the granting of an application made by him or her to the sheriff setting forth the reason for which access to the process is required.

[F24 Appeals S

2.60.   An appeal to the Sheriff Appeal Court against an order of the sheriff under this Part is to be made in accordance with Chapter 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 2015.]]

Textual Amendments

F24 Rule 2.60 substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 8(3) (with para. 20)

CHAPTER 3 S [F25 Children’s hearings, secure accommodation, etc.: application to the sheriff]

Textual Amendments

F25 Ch. 3 heading substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(9)

PART I S INTERPRETATION

Interpretation S

3.1—(1) In this Chapter, unless the context otherwise requires–

[F26 “1995 Act” means the Children (Scotland) Act 1995 and (except where the context otherwise requires) references to terms defined in that Act have the same meaning here as given there;]

[F26 “2011 Act” means the Children’s Hearings (Scotland) Act 2011 and (except where the context otherwise requires) references to terms defined in that Act have the same meaning here as given there;]

[F27 “CPSA 1995” means the Criminal Procedure (Scotland) Act 1995 and (except where the context otherwise requires) references to terms defined in that Act have the same meaning here as given there;]

F28 ...

[F26 “relevant person” means—

(aa)

a person referred to in section 200(1) of the 2011 Act or

(bb)

[F29 a person deemed a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of the 2011 Act;]]

“service” includes citation, intimation or the giving of notice as required in terms of this Chapter.

[F30 (2) In this Chapter any reference, however expressed, to disputed grounds shall be construed as a reference to a statement of grounds which forms the subject of an application under section 93(2)(a) or 94(2)(a) of the 2011 Act.

(3) Except as otherwise provided, this Chapter applies to applications to the sheriff (including reviews and appeals) under [F31 the 1995 Act, the 2011 Act or section 44A of the CPSA 1995.]

(4) All hearings in respect of applications to the sheriff must be held in private.]

Textual Amendments

F26 Words in rule 3.1(1) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(3)(a)(i) (with para. 8)

F27 Words in rule 3.1(1) inserted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(2)(a)

F28 Words in rule 3.1(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(3)(a)(ii) (with para. 8)

F29 Words in rule 3.1(1) substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(2)(b)

F30 Rule 3.1(2)-(4) substituted for rule 3.1(2) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(3)(b) (with para. 8)

F31 Words in rule 3.1(3) substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(2)(c)

Commencement Information

I7 Rule 3.1 in force at 1.4.1997, see rule 1.1(1)

PART II S GENERAL RULES

PROCEDURE IN RESPECT OF CHILDREN S

[F32 Application of rules 3.3 to 3.5A S

3.2— (1) Rules 3.3 to 3.5 apply where a sheriff is coming to a decision about a matter relating to a child within the meaning of section 27 of the 2011 Act.

(2) Rule 3.5A applies in the circumstances referred to in paragraph (1) and in respect of applications under Part V of this Chapter.

[F33 (3) Rules 3.3, 3.3A, 3.5 and 3.5A apply in respect of appeals to the sheriff under section 44A of the CPSA 1995.]]

Textual Amendments

F32 Rule 3.2 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(4) (with para. 8)

F33 Rule 3.2(3) inserted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(3)

[F34 Power to dispense with service on child S

3.3   Where the sheriff is satisfied, so far as practicable and taking account of the age and maturity of the child, that it would be inappropriate to order service on the child, the sheriff may dispense with service on the child.

Textual Amendments

F34 Rules 3.3, 3.3A substituted for rule 3.3 (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(5) (with para. 8)

Child to attend hearing S

3.3A.— [F35 (1) This rule applies where an application is made to the sheriff under—

(a) the 2011 Act, other than where section 103 or 112 of the 2011 Act applies; or

(b) section 44A of the CPSA 1995.]

(2) A child must attend all hearings, unless the sheriff otherwise directs.

(3) A child may attend a hearing even if the child is excused from doing so.

(4) If the child is not excused from attending the hearing but does not attend the sheriff may grant a warrant to secure attendance in relation to the child.

(5) Paragraph (6) applies if—

(a) the hearing of the application is to be continued to another day; and

(b) the sheriff is satisfied that there is reason to believe that the child will not attend on that day.

(6) The sheriff may grant a warrant to secure attendance in relation to the child.]

Textual Amendments

F34 Rules 3.3, 3.3A substituted for rule 3.3 (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(5) (with para. 8)

F35 Rule 3.3A(1) substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(4)

Service on child S

3.4—(1) Subject to rule 3.3 and to paragraph (2), after the issue of the first order or warrant to cite, as the case may be, the applicant shall forthwith serve a copy of the application and first order or warrant to cite on the child, together with a notice or citation in–

(a) Form 26 in respect of an application for a child assessment order under Part III of this Chapter;

(b) Form 27 in respect of an application to vary or [F36 terminate] a child protection order in terms of rule 3.33;

(c) Form 28 in respect of an application for an exclusion order in terms of rules 3.34 to 3.39;

(d) Form 29 in respect of an application to vary or recall an exclusion order in terms of rule 3.40;

F37 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38 (f) subject to subparagraph (g), in Form 31 in respect of an application under section 93(2)(a) or 94(2)(a) of the 2011 Act;

(g) Form 31A in respect of an application under section 94(2)(a) of the 2011 Act where a procedural hearing has been fixed; and

(h) Form 31B in respect of an application under section 110(2) of the 2011 Act.]

(2) The sheriff may, on application by the applicant or of his own motion, order that a specified part of the application is not served on the child.

Textual Amendments

F36 Word in rule 3.4(1)(b) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(6)(a) (with para. 8)

F37 Rule 3.4(1)(e) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(6)(b) (with para. 8)

F38 Rule 3.4(1)(f)-(h) substituted for rule 3.4(1)(f) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(6)(c) (with para. 8)

Commencement Information

I8 Rule 3.4 in force at 1.4.1997, see rule 1.1(1)

[F39 Procedure for obtaining a child’s view] S

3.5— [F40 (1) Subject to section 27(3) of the 2011 Act and regulation 11A(5) and (6) of the Secure Accommodation (Scotland) Regulations 2013, the sheriff—

(a) may order such steps to be taken as he considers appropriate to ascertain the views of that child; and

(b) shall not come to a decision about a matter relating to a child within the meaning of section 27 of the 2011 Act or in respect of an appeal under section 44A of the CPSA 1995 unless an opportunity has been given for the views of that child to be obtained or heard.]

(2) Subject to any order made by the sheriff under paragraph (1)(a) and to any other method as the sheriff in his discretion may permit, the views of the child may be conveyed–

(a) by the child orally or in writing;

(b) by an advocate or solicitor acting on behalf of the child;

(c) by any safeguarder F41 ...; F42 ...

[F43 (ca) by any curator ad litem;]

(d) by any other person (either orally or in writing), provided that the sheriff is satisfied that that person is a suitable representative and is duly authorised to represent the child.

(3) Where the views of the child are conveyed orally to the sheriff, the sheriff shall record those views in writing.

(4) The sheriff may direct that any written views given by a child, or any written record of those views, shall–

(a) be sealed in an envelope marked “Views of the child – confidential”;

(b) be kept in the court process without being recorded in the inventory of process;

(c) be available to a sheriff only;

(d) not be opened by any person other than a sheriff, and

(e) not form a borrowable part of the process.

Textual Amendments

F39 Rule 3.5 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(7)(d) (with para. 8)

F40 Rule 3.5(1) substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(5)

F41 Words in rule 3.5(2)(c) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(7)(b)(i) (with para. 8)

F42 Word in rule 3.5(2)(c) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(7)(b)(ii) (with para. 8)

F43 Rule 3.5(2)(ca) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(7)(c) (with para. 8)

Commencement Information

I9 Rule 3.5 in force at 1.4.1997, see rule 1.1(1)

[F44 Confidentiality S

3.5A.— (1) Unless the sheriff otherwise directs, all documents lodged in process are to be available only to the sheriff, the reporter, the safeguarder, the curator ad litem and the parties; and such documents must be treated as confidential by all persons involved in, or party to, the proceedings and by the sheriff clerk.

(2) The safeguarder and the curator ad litem must—

(a) treat all information obtained in the exercise of their duties as confidential; and

(b) not disclose any such information to any person unless disclosure of such information is necessary for the purpose of their duties.

(3) This rule is subject to rule 3.5.]

Textual Amendments

F44 Rule 3.5A inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(8) (with para. 8)

SAFEGUARDERS S

Application S

3.6  Rules 3.7 [F45 to 3.9] apply, as regards a safeguarder, to all applications and proceedings to which this Chapter applies except for [F46 an application under section 37 of the 2011 Act] for a child protection order.

Textual Amendments

F45 Words in rule 3.6 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(9)(a) (with para. 8)

F46 Words in rule 3.6 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(9)(b) (with para. 8)

Commencement Information

I10 Rule 3.6 in force at 1.4.1997, see rule 1.1(1)

Appointment of safeguarder S

3.7—(1)  [F47 Where a safeguarder has not been appointed for the child, the sheriff]—

(a) shall, as soon as reasonably practicable after the lodging of an application or the commencing of any proceedings, consider whether it is necessary to appoint a safeguarder in the application or proceedings; and

(b) may at that stage, or at any later stage of the application or proceedings, appoint a safeguarder.

[F48 (2) Where a sheriff appoints a safeguarder, the appointment and the reasons for it must be recorded in an interlocutor.]

Textual Amendments

F47 Words in rule 3.7(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(10)(a) (with para. 8)

F48 Rule 3.7(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(10)(b) (with para. 8)

Commencement Information

I11 Rule 3.7 in force at 1.4.1997, see rule 1.1(1)

Rights, powers and duties of safeguarder on appointment S

3.8  A safeguarder appointed in an application shall–

(a) have the powers and duties at common law of a curator ad litem in respect of the child;

(b) be entitled to receive from the Principal Reporter copies of the application, all of the productions in the proceedings and any papers which were before the children’s hearing;

(c) subject to rule 3.5(1)(a), determine whether the child wishes to express his views in relation to the application and, if so, where the child so wishes transmit his views to the sheriff;

(d) make such enquiries so far as relevant to the application as he considers appropriate; and

(e) without delay, and in any event before the hearing on the application, intimate in writing to the sheriff clerk whether or not he intends to become a party to the proceedings.

[F49 (f) whether or not a party, be entitled to receive from the sheriff clerk all interlocutors subsequent to his or her appointment.]

Textual Amendments

F49 Rule 3.8(f) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(11) (with para. 8)

Commencement Information

I12 Rule 3.8 in force at 1.4.1997, see rule 1.1(1)

[F50 Representation of safeguarder] S

3.9—(1) A safeguarder may appear personally in the proceedings or instruct an advocate or solicitor to appear on his behalf.

(2) Where an advocate or a solicitor is appointed to act as a safeguarder, he shall not act also as advocate or solicitor for the child in the proceedings.

Textual Amendments

F50 Rule 3.9 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(12) (with para. 8)

Commencement Information

I13 Rule 3.9 in force at 1.4.1997, see rule 1.1(1)

Provision where safeguarder intimates his intention not to become a party to the proceedings S

F51 3.10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 Rule 3.10 omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(13) (with para. 8)

FIXING OF FIRST HEARING S

Assigning of diet for hearing S

3.11  Except where otherwise provided in these Rules, after the lodging of any application the sheriff clerk shall forthwith assign a diet for the hearing of the application and shall issue a first order or a warrant to cite in Form 32 [F52 , Form 32A] or Form 33, as the case may be.

Textual Amendments

F52 Words in rule 3.11 inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(14) (with para. 8)

Commencement Information

I14 Rule 3.11 in force at 1.4.1997, see rule 1.1(1)

SERVICE, CITATION AND NOTICE S

Service and notice to persons named in application S

3.12—(1) Subject to the provisions of rule 3.4 (service on child), after the issue of the first order or warrant to cite, as the case may be, the applicant shall forthwith give notice of the application by serving a copy of the application and the first order or warrant to cite together with a notice or citation, as the case may be, on the persons named in the application or, as the case may be, a person who should receive notice of the application (subject to paragraph (2)) in–

(a) Form 34 in respect of an application for a child assessment order under Part III of this Chapter;

(b) Form 35 in respect of an application to vary or [F53 terminate] a child protection order in terms of rule 3.33;

(c) Form 36 in respect of an application for an exclusion order in terms of rules 3.34 to 3.39;

(d) Form 37 in respect of an application to vary or recall an exclusion order in terms of rule 3.40;

F54 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F55 (f) subject to subparagraph (g), in Form 39 in respect of an application under section 93(2)(a) or 94(2)(a) of the 2011 Act made under Part VII of this Chapter; or

(g) in Form 39A where a procedural hearing has been fixed in respect of an application under section 94(2)(a) of the 2011 Act made under Part VII of this Chapter.]

(2) Notice of the application shall be given in the case of a safeguarder [F56 or curator ad litem] by serving a copy of the application and the first order or warrant to cite together with notice in Form 40.

Textual Amendments

F53 Word in rule 3.12(1)(b) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(15)(a)(i) (with para. 8)

F54 Rule 3.12(1)(e) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(15)(a)(ii) (with para. 8)

F55 Rule 3.12(1)(f)(g) substituted for rule 3.12(1)(f) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(15)(a)(iii) (with para. 8)

F56 Words in rule 3.12(2) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(15)(b) (with para. 8)

Commencement Information

I15 Rule 3.12 in force at 1.4.1997, see rule 1.1(1)

Period of notice S

3.13—(1) Subject to paragraph (2), citation or notice authorised or required by this Chapter shall be made not later than forty-eight hours, or in the case of postal citation seventy-two hours, before the date of the diet to which the citation or notice relates.

(2) Paragraph (1) shall not apply in relation to citation or notice of the following applications or proceedings–

[F57 (a) an appeal referred to in section 157(1), 160(1), 161(1) or 162(3) of the 2011 Act;]

[F58 (aa) an appeal under section 44A of the CPSA 1995;]

(b) a hearing in respect of an exclusion order where an interim order has been granted in terms of rule 3.36;

[F59 (c) a hearing on an application to vary or terminate a child protection order;]

(d) an application for a child assessment order,

in which cases the period of notice and the method of giving notice shall be as directed by the sheriff.

Textual Amendments

F57 Rule 3.13(2)(a) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(16)(a) (with para. 8)

F58 Rule 3.13(2)(aa) inserted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(6)

F59 Rule 3.13(2)(c) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(16)(b) (with para. 8)

Commencement Information

I16 Rule 3.13 in force at 1.4.1997, see rule 1.1(1)

Citation of witnesses, parties and persons having an interest S

3.14—(1) The following shall be warrants for citation of witnesses, parties and havers:–

(a) the warrant for the [F60 hearing on evidence] in an application;

(b) an interlocutor fixing a diet for the continued hearing of an application; and

(c) an interlocutor assigning a diet for a hearing of an appeal or application.

(2) In an application or an appeal, witnesses or havers may be cited in Form 41.

(3) The certificate of execution of citation of witnesses and havers shall be in Form 42.

Textual Amendments

F60 Words in rule 3.14(1)(a) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(17) (with para. 8)

Commencement Information

I17 Rule 3.14 in force at 1.4.1997, see rule 1.1(1)

Modes of service S

3.15—(1) Service authorised or required by this Chapter shall be made by any mode specified in paragraphs (2) and (3).

(2) It shall be deemed legal service to or on any person if such service is–

(a) delivered to him personally;

(b) left for him at his dwelling-house or place of business with some person resident or employed therein;

(c) where it cannot be delivered to him personally and he has no known dwelling-house or place of business, left for him at any other place at which he may at the time be resident;

(d) where he is the master of, or a seaman or other person employed in, a vessel, left with a person on board or connected with the vessel;

(e) sent by first class recorded delivery post, or the nearest equivalent which the available postal service permits, to his dwelling-house or place of business, or if he has no known dwelling-house or place of business to any other place in which he may at the time be resident;

(f) where the person has the facility to receive facsimile or other electronic transmission, by such facsimile or other electronic transmission; or

(g) where the person has a numbered box at a document exchange, given by leaving at the document exchange.

(3) Where service requires to be made and there is not sufficient time to employ any of the methods specified in paragraph (2), service shall be effected orally or in such other manner as the sheriff directs.

Commencement Information

I18 Rule 3.15 in force at 1.4.1997, see rule 1.1(1)

Persons who may effect service S

3.16—(1) Subject to paragraphs (2) and (3), service shall be effected–

(a) in the case of any of the modes specified in rule 3.15(2), by a sheriff officer;

(b) in the case of any of the modes specified in rule 3.15(2)(e) [F61 to (g)], by a solicitor, the sheriff clerk, the Principal Reporter or an officer of the local authority; or

(c) in the case of any mode specified by the sheriff in terms of rule 3.15(3), by such person as the sheriff directs.

(2) In relation to the citation of witnesses, parties and havers in terms of rule 3.14 or service of any application, “officer of the local authority” in paragraph (1)(b) includes any officer of a local authority authorised to conduct proceedings under these Rules in terms of rule 3.21 (representation).

[F62 (3)  Where required by the sheriff, the sheriff clerk shall cite the Principal Reporter, the authors or compilers of any reports or statements and any other person whom the sheriff may wish to examine under section 155(5) of the 2011 Act (procedure in appeal to sheriff against decision of children’s hearing).]

Textual Amendments

F61 Words in rule 3.16(1)(b) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(18)(a) (with para. 8)

F62 Rule 3.16(3) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(18)(b) (with para. 8)

Commencement Information

I19 Rule 3.16 in force at 1.4.1997, see rule 1.1(1)

Production of certificates of execution of service S

3.17—(1) The production before the sheriff of–

(a) a certificate of execution of service in Form 43; and

(b) additionally in the case of postal service, [F63 a] receipt of the registered or recorded delivery letter,

shall be sufficient evidence that service was duly made.

(2) It shall be sufficient to lodge the execution of service at the hearing, unless the sheriff otherwise directs or on cause shown.

Textual Amendments

F63 Word in rule 3.17(1)(b) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(19) (with para. 8)

Commencement Information

I20 Rule 3.17 in force at 1.4.1997, see rule 1.1(1)

Power to dispense with service S

3.18  Subject to rule 3.3, the sheriff may, on cause shown, dispense with service on any person named.

Commencement Information

I21 Rule 3.18 in force at 1.4.1997, see rule 1.1(1)

MISCELLANEOUS S

Expenses S

3.19  No expenses shall be awarded in any proceedings to which this Chapter applies.

Commencement Information

I22 Rule 3.19 in force at 1.4.1997, see rule 1.1(1)

Record of proceedings S

3.20  Proceedings under this Chapter shall be conducted summarily.

Commencement Information

I23 Rule 3.20 in force at 1.4.1997, see rule 1.1(1)

Representation S

3.21—(1) In any proceedings any party may be represented by an advocate or a solicitor or, subject to paragraphs (2) and (3), other representative authorised by the party.

(2) Such other representative must throughout the proceedings satisfy the sheriff that he is a suitable person to represent the party and that he is authorised to do so.

(3) Such other representative may in representing a party do all such things for the preparation and conduct of the proceedings as may be done by an individual on his own behalf.

Commencement Information

I24 Rule 3.21 in force at 1.4.1997, see rule 1.1(1)

[F64 Applications for evidence by live link S

3.22.— (1) On cause shown, a party may apply in the form prescribed in paragraph (3) for authority for the whole or part of—

(a) the evidence of a witness or party; or

(b) a submission,

to be made through a live link.

(2) In paragraph (1)—

“witness” means a person who has been or may be cited to appear before the sheriff as a witness (including a witness who is outwith Scotland), except in circumstances where such witness is a vulnerable witness within the meaning of section 11(1) of the Vulnerable Witnesses (Scotland) Act 2004;

“submission” means any oral submission which would otherwise be made to the court by the party or such party’s representative in person including an oral submission in support of an application;

“live link” means a live television link or such other arrangement as may be specified in the application by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.

(3) An application under paragraph (1) shall be made—

(a) in Form 44A in the case of a witness or party;

(b) in Form 44B in the case of a submission.

(4) The application shall be lodged with the sheriff clerk prior to the hearing at which the witness is to give evidence or the submission is to be made (except on special cause shown).

(5) The sheriff shall—

(a) order intimation of the application to be made to the other party or parties to the proceedings in such form as he or she prescribes; and

(b) hear the application as soon as reasonably practicable.]

Textual Amendments

F64 Rule 3.22 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(20) (with para. 8)

Orders and transfer of cases S

3.23—(1) The sheriff who hears an application under rule 3.22 shall, after hearing the parties and allowing such further procedure as the sheriff thinks fit, make an order granting or refusing the application.

(2) Where the sheriff grants the application, he may–

(a) transfer the case to be heard in whole; or

(b) hear the case himself or such part of it as he shall determine,

in another sheriff court in the same sheriffdom.

Commencement Information

I25 Rule 3.23 in force at 1.4.1997, see rule 1.1(1)

Exclusion of certain enactments S

3.24  The enactments specified in column (1) of Schedule 3 to this Act of Sederunt (being enactments relating to matters with respect to which this Chapter is made) shall not, to the extent specified in column (3) of that Schedule, apply to an application or appeal.

Commencement Information

I26 Rule 3.24 in force at 1.4.1997, see rule 1.1(1)

PART III S CHILD ASSESSMENT ORDERS

Interpretation S

3.25  In this Part, “ application” means an application for a child assessment order in terms of [F65 section 35(1) of the 2011 Act].

Textual Amendments

F65 Words in rule 3.25 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(21) (with para. 8)

Commencement Information

I27 Rule 3.25 in force at 1.4.1997, see rule 1.1(1)

Form of application S

3.26  An application shall be made in Form 45.

Commencement Information

I28 Rule 3.26 in force at 1.4.1997, see rule 1.1(1)

Orders S

3.27—(1) After hearing parties and allowing such further procedure as he thinks fit, the sheriff shall make an order granting or refusing the application.

(2) Where an order is made granting the application, that order shall be made in Form 46 and shall contain the information specified therein.

(3) Where the sheriff, in terms of [F66 section 36(3) of the 2011 Act], has decided to make a child protection order pursuant to an application, rules 3.31 to 3.33 shall apply.

Textual Amendments

F66 Words in rule 3.27(3) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(22) (with para. 8)

Commencement Information

I29 Rule 3.27 in force at 1.4.1997, see rule 1.1(1)

Intimation S

3.28  The local authority shall intimate the grant or refusal of an application to such persons, if any, as the sheriff directs.

Commencement Information

I30 Rule 3.28 in force at 1.4.1997, see rule 1.1(1)

PART IV S CHILD PROTECTION ORDERS

Interpretation S

3.29  In this Part, “ application” means, except in rule 3.33, an application for a child protection order in terms of [F67 section 37 of the 2011 Act].

Textual Amendments

F67 Words in rule 3.29 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(23) (with para. 8)

Commencement Information

I31 Rule 3.29 in force at 1.4.1997, see rule 1.1(1)

Form of application S

3.30  An application made by a local authority shall be in Form 47 and an application made by any other person shall be in Form 48.

Commencement Information

I32 Rule 3.30 in force at 1.4.1997, see rule 1.1(1)

Determination of application S

3.31—(1) On receipt of an application, the sheriff, having considered the grounds of the application and the supporting evidence, shall forthwith grant or refuse it.

(2) Where an order is granted, it shall be in Form 49 and it shall contain any directions made under [F68 section 40, 41 or 42 of the 2011 Act].

Textual Amendments

F68 Words in rule 3.31(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(24) (with para. 8)

Commencement Information

I33 Rule 3.31 in force at 1.4.1997, see rule 1.1(1)

Intimation of making of order S

3.32  Where an order is granted, the applicant shall forthwith serve a copy of the order on–

(a) the child, along with a notice in Form 50;

[F69 (b) the persons referred to in section 43(1)(a), (c), (d) and (e) of the 2011 Act, along with a notice in Form 51; and

(c) such other persons as the sheriff may direct and in such manner as he or she may direct.]

Textual Amendments

F69 Rule 3.32(b)(c) substituted for rule 3.32(b) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(25) (with para. 8)

Commencement Information

I34 Rule 3.32 in force at 1.4.1997, see rule 1.1(1)

[F70 Application to vary or terminate a child protection order] S

3.33—(1) An application under [F71 section 48 of the 2011 Act] for the variation or [F72 termination] of a child protection order F73 ... shall be made in Form 52.

(2) A person applying under [F74 section 48 of the 2011 Act] for the variation or [F75 termination] of a child protection order shall require to lodge with his application a copy of that order.

(3) Without prejudice to rule 3.5, any person on whom service is made [F76 under section 49 of the 2011 Act] may appear or be represented at the hearing of the application.

(4) F77 ... The sheriff, after hearing parties and allowing such further procedure as he thinks fit, shall grant or refuse the application.

(5) Where an order is made granting the application for variation, that order shall be in Form 53.

(6) Where the sheriff so directs, intimation of the granting or refusing of an application shall be given by the applicant to such person as the sheriff shall direct.

Textual Amendments

F70 Rule 3.33 heading substituted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(26)(e) (with para. 8)

F71 Words in rule 3.33(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(26)(a)(i) (with para. 8)

F72 Word in rule 3.33(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(26)(a)(ii) (with para. 8)

F73 Words in rule 3.33(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(26)(a)(iii) (with para. 8)

F74 Words in rule 3.33(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(26)(b)(i) (with para. 8)

F75 Word in rule 3.33(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(26)(b)(ii) (with para. 8)

F76 Words in rule 3.33(3) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(26)(c) (with para. 8)

F77 Words in rule 3.33(4) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(26)(d) (with para. 8)

Commencement Information

I35 Rule 3.33 in force at 1.4.1997, see rule 1.1(1)

PART V S EXCLUSION ORDERS

Interpretation S

3.34  In this Part, “ application” means, except in rule 3.40, an application by a local authority for an exclusion order in terms of sections 76 to 80 of [F78 the 1995 Act]; and “ancillary order” and “interim order” shall be construed accordingly.

Textual Amendments

F78 Words in rule 3.34 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(27)(a) (with para. 8)

Commencement Information

I36 Rule 3.34 in force at 1.4.1997, see rule 1.1(1)

Form of application S

3.35  An application shall be made in Form 54.

Commencement Information

I37 Rule 3.35 in force at 1.4.1997, see rule 1.1(1)

Hearing following interim order S

3.36  Where an interim order is granted under subsection (4) of section 76 of [F79 the 1995 Act], the hearing under subsection (5) of that section shall take place not later than 3 working days after the granting of the interim order.

Textual Amendments

F79 Words in rule 3.36 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(27)(b) (with para. 8)

Commencement Information

I38 Rule 3.36 in force at 1.4.1997, see rule 1.1(1)

Orders S

3.37—(1) After hearing parties and allowing such further procedure as he thinks fit, the sheriff shall make an order granting or refusing the application.

(2) Where the sheriff grants an order in terms of paragraph (1), it shall be in Form 55 and shall be served forthwith by the local authority on–

(a) the named person;

(b) the appropriate person;

(c) the relevant child; and

(d) the Principal Reporter.

Commencement Information

I39 Rule 3.37 in force at 1.4.1997, see rule 1.1(1)

Certificates of delivery of documents to chief constable S

3.38—(1) After the local authority have complied with section 78(4) of [F80 the 1995 Act], they shall forthwith lodge in process a certificate of delivery in Form 56.

(2) After a person has complied with section 78(5) of [F80 the 1995 Act], he shall lodge in process a certificate of delivery in Form 56.

Textual Amendments

F80 Words in rule 3.38 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(27)(c) (with para. 8)

Commencement Information

I40 Rule 3.38 in force at 1.4.1997, see rule 1.1(1)

[F81 Power to make child protection order in an application for an exclusion order S

3.39   Where the sheriff, in terms of section 76(8) of the 1995 Act, has decided to make a child protection order under Part 5 of the 2011 Act pursuant to an application, rules 3.31 to 3.33 shall apply.]

Textual Amendments

F81 Rule 3.39 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(28) (with para. 8)

Variation or recall of an exclusion order S

3.40—(1) Any application for the variation or recall of an exclusion order and any warrant, interdict, order or direction granted or made under section 77 of [F82 the 1995 Act] shall be in Form 57.

(2) After hearing parties and allowing such further procedure as he thinks fit, the sheriff shall make an order granting or refusing the application.

(3) Where an order is made granting the application for variation, that order shall be in Form 58.

(4) Intimation of the granting or refusing of an application shall be given by the applicant to such persons as the sheriff shall direct.

Textual Amendments

F82 Words in rule 3.40 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(27)(d) (with para. 8)

Commencement Information

I41 Rule 3.40 in force at 1.4.1997, see rule 1.1(1)

F83 PART VI S WARRANT FOR FURTHER DETENTION OF A CHILD

Textual Amendments

F83 Ch. 3 Pt. 6 omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(29) (with para. 8)

Interpretation S

F83 3.41  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of application S

F83 3.42  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders S

F83 3.43  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VII S [F84 PROCEDURE IN APPLICATIONS UNDER SECTION 93(2)(a) OR 94(2)(a) OF THE 2011 ACT]

Textual Amendments

F84 Ch. 3 Pt. 7 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(30) (with para. 8)

Interpretation S

3.44  In this Part, “ application” means an application under [F85 section 93(2)(a) or 94(2)(a) of the 2011 Act].

Textual Amendments

F85 Words in rule 3.44 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(31) (with para. 8)

Commencement Information

I42 Rule 3.44 in force at 1.4.1997, see rule 1.1(1)

Lodging of application, etc. S

3.45— [F86 (1) Within a period of 7 days beginning with the date on which the Principal Reporter was directed in terms of section 93(2)(a) or 94(2)(a) of the 2011 Act to make an application to the sheriff, the Principal Reporter shall lodge an application in Form 60 with the sheriff clerk of the sheriff court district in which the child is habitually resident.

(1A) Paragraph (1) is subject to the terms of section 102(2) of the 2011 Act.

(1B) The sheriff may, on cause shown, remit any application to another sheriff court.

(1C) Not later than 28 days after the day on which the application is lodged the sheriff clerk shall fix a hearing on evidence as required under section 101(2) of the 2011 Act.]

(2) Where a safeguarder has been appointed by F87 ... the children’s hearing, the Principal Reporter shall intimate such appointment to the sheriff clerk and shall lodge along with the application any report made by the safeguarder.

[F88 (3) Paragraphs (4) to (7) apply where an application under paragraph (1) is made by virtue of section 94(2)(a) of the 2011 Act.

(4) The sheriff may fix a procedural hearing to determine whether or not the section 67 grounds in the statement of grounds are accepted by each relevant person.

(5) Such procedural hearing must take place before the expiry of the period of 7 days beginning with the day on which the application is lodged.

(6) The sheriff shall appoint service and intimation of the procedural hearing as the sheriff thinks fit.

(7) Subject to paragraph (9)(a) and (b), subsequent to the procedural hearing the sheriff may discharge the hearing on evidence and determine the application.

(8) Where paragraph (7) applies the sheriff shall make such orders for intimation as the sheriff thinks fit.

(9) Where—

(a) a relevant person does not accept the section 67 grounds in the statement of grounds at the procedural hearing;

(b) section 106(2)(a) or (b) of the 2011 Act applies; or

(c) the sheriff has not fixed a procedural hearing;

a hearing on evidence must take place in accordance with rule 3.47.]

Textual Amendments

F86 Rule 3.45(1)-(1C) substituted for rule 3.45(1) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(32)(a) (with para. 8)

F87 Words in rule 3.45(2) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(32)(b) (with para. 8)

F88 Rule 3.45(3)-(9) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(32)(c) (with para. 8)

Commencement Information

I43 Rule 3.45 in force at 1.4.1997, see rule 1.1(1)

[F89 Withdrawal of application] S

3.46—(1) At any stage of the proceedings before the application is determined the Principal Reporter may [F90 withdraw] the application, either in whole or in part, by lodging a minute to that effect or by motion at the hearing.

(2) The Principal Reporter shall intimate such [F91 withdrawal] to–

(a) the child, except where service on the child has been dispensed with in terms of rule 3.3;

(b) any relevant person whose whereabouts are known to the Principal Reporter; and

(c) any safeguarder [F92 and curator ad litem].

(3) In the event of [F91 withdrawal] in whole in terms of paragraph (1), the sheriff shall dismiss the application and discharge the referral.

Textual Amendments

F89 Rule 3.46 heading substituted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(33)(d) (with para. 8)

F90 Word in rule 3.46(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(33)(a) (with para. 8)

F91 Word in rule 3.46(2)(3) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(33)(b) (with para. 8)

F92 Words in rule 3.46(2)(c) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(33)(c) (with para. 8)

Commencement Information

I44 Rule 3.46 in force at 1.4.1997, see rule 1.1(1)

[F93 Expeditious determination of application S

3.46A.   Prior to or at a hearing on evidence under rule 3.47 (or any adjournment or continuation thereof under rule 3.49), the sheriff may order parties to take such steps as the sheriff deems necessary to secure the expeditious determination of the application, including but not limited to—

(a) instructing a single expert;

(b) using affidavits;

(c) restricting the issues for proof;

(d) restricting witnesses;

(e) applying for evidence to be taken by live link in accordance with rule 3.22.]

Textual Amendments

F93 Rule 3.46A inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(34) (with para. 8)

[F94 Hearing on evidence] S

3.47— [F95 (A1) If, at a hearing on evidence (or any adjournment or continuation thereof under rule 3.49), the section 67 grounds (or as they may be amended) are no longer in dispute, the sheriff may determine the application without hearing evidence.]

(1) In the case of [F96 every section 67 ground], the sheriff shall, in relation to any ground F97 ... which is in dispute, hear evidence tendered by or on behalf of the Principal Reporter, including evidence given pursuant to an application granted under rule 3.23.

(2) At the close of the evidence led by the Principal Reporter in a case where it is disputed that the [F98 ground set out in section 67(2)(j) of the 2011 Act applies], the sheriff shall consider whether sufficient evidence has been led to establish that [F99 ground] and shall give all the parties an opportunity to be heard on the question of sufficiency of evidence.

(3) Where the sheriff is not satisfied that sufficient evidence has been led as mentioned in paragraph (2), he shall make a [F100 determination] to that effect.

[F101 (4) Paragraph (4A) applies where—

(a) paragraph (2) applies and the sheriff is satisfied that sufficient evidence has been led;

(b) any other section 67 ground is in dispute.

(4A) The child, the relevant person and any safeguarder may give evidence and may, with the approval of the sheriff, call witnesses with regard to the ground in question.]

[F102 (5) Where the sheriff excuses the child from attending all or part of the hearing in accordance with section 103(3) of the 2011 Act, the following persons shall be permitted to remain during the absence of the child—

(a) any safeguarder appointed in relation to the child;

(b) any curator ad litem appointed in relation to the child;

(c) any relevant person;

(d) the child’s representative.]

(6) Subject to paragraph (7), the sheriff may exclude any person, including the relevant person, while any child is giving evidence if the sheriff is satisfied that this is necessary in the interests of the child and that–

(a) he must do so in order to obtain the evidence of the child; or

(b) the presence of the person or persons in question is causing, or is likely to cause, significant distress to the child.

(7) Where the relevant person is not legally represented at the hearing and has been excluded under paragraph (6), the sheriff shall inform that relevant person of the substance of any evidence given by the child and shall give that relevant person an opportunity to respond by leading evidence or otherwise.

(8) Where evidence F103 ... has been heard in part and a safeguarder thereafter becomes a party to proceedings, the sheriff may order the evidence to be reheard in whole or in part.

Textual Amendments

F94 Rule 3.47 heading substituted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(h) (with para. 8)

F95 Rule 3.47(A1) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(a) (with para. 8)

F96 Words in rule 3.47(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(b)(i) (with para. 8)

F97 Words in rule 3.47(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(b)(ii) (with para. 8)

F98 Words in rule 3.47(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(c)(i) (with para. 8)

F99 Word in rule 3.47(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(c)(ii) (with para. 8)

F100 Word in rule 3.47(3) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(d) (with para. 8)

F101 Rule 3.47(4)(4A) substituted for rule 3.47(4) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(e) (with para. 8)

F102 Rule 3.47(5) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(f) (with para. 8)

F103 Words in rule 3.47(8) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(35)(g) (with para. 8)

Commencement Information

I45 Rule 3.47 in force at 1.4.1997, see rule 1.1(1)

[F104 Amendment of the statement of grounds] S

3.48  The sheriff may at any time, on the application of any party or of his own motion, allow amendment of any [F105 statement of grounds].

Textual Amendments

F104 Rule 3.48 heading substituted by virtue of (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(36)(b) (with para. 8)

F105 Words in rule 3.48 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(36)(a) (with para. 8)

Commencement Information

I46 Rule 3.48 in force at 1.4.1997, see rule 1.1(1)

Adjournment for inquiry, etc. S

3.49  F106 ... The sheriff on the motion of any party or on his own motion may continue the hearing [F107 fixed under [F108 rule 3.45(1C)]] in order to allow time for further inquiry into any application, in consequence of the amendment of any statement under rule 3.48, or for any other necessary cause, for such reasonable time as he may in the circumstances consider necessary.

Textual Amendments

F106 Words in rule 3.49 omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(37)(a) (with para. 8)

F107 Words in rule 3.49 inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(37)(b) (with para. 8)

F108 Words in rule 3.49 substituted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), paras. 1(2), 5(2)

Commencement Information

I47 Rule 3.49 in force at 1.4.1997, see rule 1.1(1)

Power of sheriff in making findings as to offences S

3.50  Where in a [F109 statement of grounds] it is alleged that an offence has been committed by or against any child, the sheriff may [F110 determine] that any other offence established by the facts has been committed.

Textual Amendments

F109 Words in rule 3.50 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(38)(a) (with para. 8)

F110 Word in rule 3.50 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(38)(b) (with para. 8)

Commencement Information

I48 Rule 3.50 in force at 1.4.1997, see rule 1.1(1)

Decision of sheriff S

3.51—(1) Subject to rule 3.47(3), the sheriff shall give his decision orally at the conclusion of the hearing.

(2) The sheriff clerk shall forthwith send a copy of the interlocutor containing that decision to–

(a) the child, except where service on the child has been dispensed with in terms of rule 3.3;

(b) any relevant person whose whereabouts are known;

(c) any safeguarder [F111 and curator ad litem;]

(d) the Principal Reporter; [F112 and

(e) such other persons as the sheriff may direct.]

(3) The sheriff may, when giving his decision in terms of paragraph (1) or within 7 days thereafter, issue a note of the reasons for his decision and the sheriff clerk shall forthwith send a copy of such a note to the persons referred to in paragraph (2).

Textual Amendments

F111 Words in rule 3.51(2)(c) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(39)(a) (with para. 8)

F112 Rule 3.51(2)(e) and word inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(39)(b) (with para. 8)

Commencement Information

I49 Rule 3.51 in force at 1.4.1997, see rule 1.1(1)

Signature of warrants S

[F113 3.52— (1) Subject to paragraph (3) a warrant granted under the 2011 Act may be signed by the sheriff or the sheriff clerk.

(2) A warrant signed by the sheriff clerk shall be treated for all purposes as if it had been signed by the sheriff.

(3) A warrant to secure attendance must be signed by the sheriff.]

Textual Amendments

F113 Rule 3.52 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(40) (with para. 8)

PART VIII S [F114 PROCEDURE IN APPEALS TO THE SHERIFF AGAINST DECISIONS OF CHILDREN’S HEARINGS]

Textual Amendments

F114 Ch. 3 Pt. 8 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(41) (with para. 8)

Form of appeal S

3.53— [F115 (1) This Part applies to appeals to the sheriff under sections 154(1), 160(1), 161(1) and 162(3) of the 2011 Act.

(1A) An appeal to the sheriff under the sections of the 2011 Act prescribed in paragraph (1B) must be—

(a) made in the form prescribed in paragraph (1B);

(b) accompanied by a copy of the decision complained of and any document relevant to it that was before the children’s hearing; and

(c) lodged with the sheriff clerk of the sheriff court district in which the child is habitually resident or, on cause shown, such other court as the sheriff may direct.

(1B) The prescribed sections and form of appeal are—

(a) in the case of an appeal under section 154(1) (appeal to sheriff against decision of children’s hearing), in Form 61;

(b) in the case of an appeal under section 160(1) (appeal to sheriff against relevant person determination), in Form 62;

(c) in the case of an appeal under section 161(1) (appeal to sheriff against decision affecting contact or permanence order), in Form 63;

(d) in the case of an appeal under section 162(3) (appeal to sheriff against decision to implement secure accommodation authorisation), in Form 63A.]

(2) Subject to paragraph (3), the appeal shall be signed by the appellant or his representative.

(3) An appeal by a child may be signed on his behalf by any safeguarder F116 ....

[F117 (4) Where leave to appeal is required by virtue of section 159(2) of the 2011 Act, such application for leave shall be—

(a) made by letter addressed to the sheriff clerk setting out the grounds on which the application is made;

(b) accompanied by a copy of the decision referred to in section 159(2) of the 2011 Act;

(c) lodged with the sheriff clerk with the relevant form of appeal.

(5) On receipt of such application the sheriff clerk shall forthwith fix a hearing and intimate the application and the date of the hearing to the other parties to the proceedings.

(6) Where leave to appeal is granted, the appeal will proceed in accordance with rule 3.54.]

Textual Amendments

F115 Rule 3.53(1)-(1B) substituted for rule 3.53(1) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(42)(a) (with para. 8)

F116 Words in rule 3.53(3) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(42)(b) (with para. 8)

F117 Rule 3.53(4)-(6) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(42)(c) (with para. 8)

Commencement Information

I50 Rule 3.53 in force at 1.4.1997, see rule 1.1(1)

Appointment and intimation of first diet S

3.54—(1) On the lodging of the appeal, the sheriff clerk shall forthwith assign a date for the hearing and shall at the same time intimate to the appellant or his representative and, together with a copy of the appeal, to–

(a) the Principal Reporter;

(b) subject to the provisions of paragraph (4), the child (if not the appellant);

(c) [F118 any relevant person] (if not the appellant);

(d) any safeguarder F119 ...

(e) any other person the sheriff [F120 considers necessary, including those referred to in section 155(5)(c) and (e) of the 2011 Act].

[F121 (f) in the case of appeals under section 162(3), the chief social work officer of the relevant local authority for the child.]

(2) The sheriff clerk shall endorse on the appeal a certificate of execution of intimation under paragraph (1).

(3) Intimation to a child in terms of paragraph (1)(b) shall be in Form 64.

(4) The sheriff may dispense with intimation to a child in terms of paragraph (1)(b) where he considers that such dispensation is appropriate.

(5) The date assigned for the hearing under paragraph (1) shall be [F122 within the time limits prescribed in, or by virtue of, the 2011 Act and in any event,] no later than 28 days after the lodging of the appeal.

Textual Amendments

F118 Words in rule 3.54(1)(c) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(a)(i) (with para. 8)

F119 Words in rule 3.54(1)(d) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(a)(ii) (with para. 8)

F120 Words in rule 3.54(1)(e) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(a)(iii) (with para. 8)

F121 Rule 3.54(1)(f) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(a)(iv) (with para. 8)

F122 Words in rule 3.54(5) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(43)(b) (with para. 8)

Commencement Information

I51 Rule 3.54 in force at 1.4.1997, see rule 1.1(1)

Answers S

3.55— [F123 (1) Subject to paragraph (1A), if any person on whom service of the appeal has been made wishes to lodge answers to the appeal, he or she must do so not later than 7 days before the diet fixed for the hearing of the appeal.

(1A) Paragraph (1) does not apply to those appeals referred to in section 157(1), 160(1), 161(1) or 162(3) of the 2011 Act.]

(2) Any person who has lodged answers shall forthwith intimate a copy thereof to any other person on whom service has been made under rule 3.54(1).

Textual Amendments

F123 Rule 3.55(1)(1A) substituted for rule 3.55(1) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(44) (with para. 8)

Commencement Information

I52 Rule 3.55 in force at 1.4.1997, see rule 1.1(1)

Procedure at hearing of appeal S

3.56—(1) Before proceeding F124 ... to examine the Principal Reporter and the authors or compilers of any reports or statements, the sheriff shall hear the appellant or his representative and any party to the appeal.

(2) On receipt of [F125 any further report required by the sheriff under or by virtue of the 2011 Act], the sheriff shall direct the Principal Reporter to send a copy of the report to every party to the appeal.

(3) At any appeal the sheriff may hear evidence–

(a) where a ground of the appeal is an alleged irregularity in the conduct of a hearing, as to that irregularity;

(b) in any other circumstances where he considers it appropriate to do so.

(4) Where the nature of the appeal or of any evidence is such that the sheriff is satisfied that it is in the interests of the child that he should not be present at any stage of the appeal, the sheriff may exclude the child from the hearing during that stage and, in that event, any safeguarder appointed and [F126 any relevant person] or representative of the child shall be permitted to remain during the absence of the child.

(5) Subject to paragraph (6), the sheriff may exclude [F127 any relevant person], or that person and any representative of his, or any such representative from any part or parts of the hearing for so long as he considers it is necessary in the interests of any child, where he is satisfied that–

(a) he must do so in order to obtain the views of the child in relation to the hearing; or

(b) the presence of the person or persons in question is causing, or is likely to cause, significant distress to the child.

(6) Where [F128 any relevant person] has been excluded under paragraph (5) the sheriff shall, after that exclusion has ended, explain to him the substance of what has taken place in his absence and shall give him an opportunity to respond to any evidence given by the child by leading evidence or otherwise.

(7) Where an appeal has been heard in part and a safeguarder thereafter becomes a party to the appeal, the sheriff may order the hearing of the appeal to commence of new.

Textual Amendments

F124 Words in rule 3.56(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(45)(a) (with para. 8)

F125 Words in rule 3.56(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(45)(b) (with para. 8)

F126 Words in rule 3.56(4) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(45)(c) (with para. 8)

F127 Words in rule 3.56(5) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(45)(c) (with para. 8)

F128 Words in rule 3.56(6) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(45)(c) (with para. 8)

Commencement Information

I53 Rule 3.56 in force at 1.4.1997, see rule 1.1(1)

[F129 Adjournment or continuation of appeals] S

3.57— [F130 (1)]  The sheriff may, on the motion of any party or on his own motion, adjourn [F131 or continue] the hearing of the appeal for such reasonable time and for such purpose as may in the circumstances be appropriate.

[F132 (2) In the event of such adjournment or continuation the sheriff may make such order as the sheriff deems necessary to secure the expeditious determination of the appeal.]

Textual Amendments

F129 Rule 3.57 heading substituted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(46)(d) (with para. 8)

F130 Rule 3.57 renumbered as rule 3.57(1) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(46)(b) (with para. 8)

F131 Words in rule 3.57 inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(46)(a) (with para. 8)

F132 Rule 3.57(2) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(46)(c) (with para. 8)

Commencement Information

I54 Rule 3.57 in force at 1.4.1997, see rule 1.1(1)

Decision of sheriff in appeals S

3.58—(1) The sheriff shall give his decision orally either at the conclusion of the appeal or on such day as he shall appoint [F133 , subject to the provisions of, or by virtue of, the 2011 Act].

(2) The sheriff may issue a note of the reasons for his decision, and shall require to do so where he [F134 takes any of the steps referred to in section 156(2) or (3) of the 2011 Act].

(3) Any note in terms of paragraph (2) shall be issued at the time the sheriff gives his decision or within 7 days thereafter.

(4) The sheriff clerk shall forthwith send a copy of the interlocutor containing the decision of the sheriff, and where appropriate of the note referred to in paragraph (2), to the Principal Reporter, to the appellant (and to the child or [F135 any relevant person], if not the appellant) [F136 , any safeguarder and such other persons as the sheriff may direct], and shall also return to the Principal Reporter any documents lodged [F137 with the sheriff clerk].

[F138 (5) Where section 159 of the 2011 Act applies the sheriff clerk shall send a copy of the interlocutor containing the decision of the sheriff to the Scottish Legal Aid Board.]

Textual Amendments

F133 Words in rule 3.58(1) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(a) (with para. 8)

F134 Words in rule 3.58(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(b) (with para. 8)

F135 Words in rule 3.58(4) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(c)(i) (with para. 8)

F136 Words in rule 3.58(4) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(c)(ii) (with para. 8)

F137 Words in rule 3.58(4) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(c)(iii) (with para. 8)

F138 Rule 3.58(5) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(d) (with para. 8)

Commencement Information

I55 Rule 3.58 in force at 1.4.1997, see rule 1.1(1)

[F139 PART VIIIA S APPLICATIONS FOR REVIEW BY LOCAL AUTHORITY

Textual Amendments

F139 Ch. 3 Pt. 8A inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(48) (with para. 8)

Review applications by local authority S

3.58A.— (1) This Part of Chapter 3 applies to applications to the sheriff for a review under section 166(2) of the 2011 Act.

(2) An application shall be made in Form 64A and must contain—

(a) the name and address of the local authority;

(b) the name of the child in respect of whom the duty was imposed and the child’s representative (if any);

(c) the name and address of any relevant person in relation to the child and such person’s representative (if any);

(d) the name and address of any safeguarder;

(e) the name and address of any curator ad litem;

(f) the name and address of any other party to the application;

(g) the name and address of any other local authority with an interest;

(h) the date and determination made and the place of the sheriff court which made the determination, or alternatively the date and decision made by the children’s hearing;

(i) the grounds for the making of the application;

(j) any reports, affidavits and productions upon which the applicant intends to rely.

Hearing on application S

3.58B.— (1) After lodging the application in terms of rule 3.58A, the sheriff clerk shall assign a date for hearing the application and shall issue a warrant to cite in Form 64B, which shall require any party to lodge answers if so advised within such time as the sheriff shall appoint.

(2) Subject to the provisions of rule 3.3 (power to dispense with service on child), after the issue of the warrant to cite, the applicant shall forthwith give notice of the application by serving a copy and the warrant on the persons referred to in rule 3.58A.

(3) At the hearing the sheriff may determine the application or allow such further procedure as the sheriff thinks fit.

(4) The provisions of rule 3.51 shall apply to any order made under this Part.]

[F140 PART VIIIB S PROCEDURE IN APPEALS TO THE SHERIFF UNDER SECTION 44A OF THE CPSA 1995

Textual Amendments

F140 Ch. 3 Pt. 8B inserted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(7)

Form of appeal S

3.58C.— (1) An appeal to the sheriff under section 44A of the CPSA 1995 must be—

(a) made in Form 64C;

(b) accompanied by a copy of the decision complained of and any document relevant to it that was taken into account by the local authority when making that decision;

(c) lodged with the sheriff clerk of the sheriff court district in which the child is habitually resident or, on cause shown, such other court as the sheriff may direct.

(2) The appeal must be signed by the appellant or the appellant’s representative.

Appointment and intimation of appeal hearing S

3.58D.— (1) On the lodging of an appeal, the sheriff clerk must—

(a) assign a date for the hearing;

(b) intimate the date of the hearing to the appellant or the appellant’s representative;

(c) intimate the date of the hearing, together with a copy of the appeal, to the persons specified in paragraph (2).

(2) Those persons are—

(a) the child, unless the child is the appellant;

(b) the chief social work officer of the appropriate local authority;

(c) any relevant person, other than a relevant person who is the appellant;

(d) any other person that the sheriff considers necessary.

(3) The sheriff clerk must endorse a certificate of execution on the appeal.

(4) Where an appeal is intimated to a child, that intimation must be in Form 64D.

(5) The sheriff may dispense with intimation to a child if the sheriff considers it appropriate to do so.

Procedure at hearing of appeal S

3.58E.— (1) At any appeal the sheriff may hear evidence where he or she considers it appropriate to do so.

(2) The sheriff must hear the appellant or the appellant’s representative and any party to the appeal before examining—

(a) the chief social work officer;

(b) the authors or compilers of any reports or statements;

(c) the Principal Reporter.

(3) Where the nature of the appeal or of any evidence is such that the sheriff is satisfied that it is in the interests of the child not to be present at any stage of the appeal, the sheriff may exclude the child from the hearing during that stage.

(4) Where the sheriff excludes a child, any relevant person or representative of the child will be permitted to remain during the child’s absence.

(5) Where the sheriff is satisfied that—

(a) it is necessary in order to obtain the views of the child in relation to the hearing; or

(b) the presence of the person or persons in question is causing, or is likely to cause, significant distress to the child,

the sheriff may exclude the persons mentioned in paragraph (6) from the hearing for so long as the sheriff considers it necessary in the interests of the child.

(6) Those persons are—

(a) a relevant person;

(b) any representative of a relevant person.

(7) After the exclusion of any person under paragraph (5), the sheriff must—

(a) explain the substance of what has taken place in that person’s absence;

(b) give that person an opportunity to respond to any evidence given by the child by leading evidence or otherwise.

Adjournment or continuation of appeals S

3.58F.— (1) The sheriff may adjourn or continue the hearing of the appeal on the motion of any party or on the sheriff’s own motion.

(2) Where the sheriff adjourns or continues a hearing, the sheriff may make any order that is necessary to secure the expeditious determination of the appeal.

Decision of sheriff in appeals S

3.58G.— (1) The sheriff must give his or her decision orally, either at the conclusion of the appeal or on such day as the sheriff may appoint.

(2) The sheriff may issue a note of the reasons for his or her decision.

(3) Any note in terms of paragraph (2) must be issued at the time the sheriff’s decision is given or within 7 days after the date of the decision.

(4) The sheriff clerk must immediately send to the persons mentioned in paragraph (5)—

(a) a copy of the interlocutor containing the sheriff’s decision;

(b) where a note of reasons has been issued, a copy of that note.

(5) Those persons are—

(a) the appellant;

(b) the child, unless the child is the appellant;

(c) any relevant person, other than a relevant person who is the appellant;

(d) any other person that the sheriff may direct.

(6) The sheriff clerk must return to the Principal Reporter any documents that the Principal Reporter may have lodged with the sheriff clerk.]

PART IX S [F141 PROCEDURE IN APPEALS BY STATED CASE UNDER PART 15 OF THE 2011 ACT]

Textual Amendments

F141 Ch. 3 Pt. 9 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(49) (with para. 8)

[F142 Appeals: applications for stated case] S

3.59— [F143 (A1) This Part applies to appeals by stated case under section 163(1), 164(1), 165(1) and 167(1) of the 2011 Act.]

[F144 (1) An application to the sheriff to state a case for the purposes of an appeal F145 ... shall specify the point of law upon which the appeal is to proceed or the [F146 procedural irregularity], as the case may be.]

(2) The appellant shall, at the same time as lodging [F147 the application for a stated case], intimate the lodging of an appeal from the decision of the sheriff [F148 to] –

[F149 (a) the Principal Reporter;

(b) the child (if not the appellant), except where service on the child has been dispensed with in terms of rule 3.3;

(c) any relevant person (if not the appellant);

(d) any safeguarder;

(e) any other party to proceedings.]

(3) The sheriff shall, within [F150 21] days of the lodging of [F151 the application for a stated case], issue a draft stated case–

(a) containing findings in fact and law or, where appropriate, a narrative of the proceedings before him;

(b) containing appropriate questions of law or setting out the [F152 procedural] irregularity concerned; and

(c) containing a note stating the reasons for his decisions in law,

and the sheriff clerk shall send a copy of the draft stated case to the appellant and to parties referred to in paragraph (2).

(4) Within 7 days of the issue of the draft stated case–

(a) the appellant or a party referred to in paragraph (2) may lodge with the sheriff clerk a note of any adjustments which he seeks to make;

(b) the appellant or such a party may state any point of law [F153 or procedural irregularity] which he wishes to raise in the appeal; and

(c) the note of adjustment and, where appropriate, point of law [F153 or procedural irregularity] shall be intimated to the appellant and the other such parties.

(5) The sheriff may, on the motion of the appellant or a party referred to in paragraph (2) or of his own accord, and shall where he proposes to reject any proposed adjustment, allow a hearing on adjustments and may provide for such further procedure under this rule prior to the hearing of the appeal as he thinks fit.

(6) The sheriff shall, within 14 days after–

(a) the latest date on which a note of adjustments has been or may be lodged; or

(b) where there has been a hearing on adjustments, that hearing,

and after considering such note and any representations made to him at the hearing, state and sign the case.

(7) The stated case signed by the sheriff shall include–

(a) questions of law, framed by him, arising from the points of law stated by the parties and such other questions of law as he may consider appropriate;

(b) any adjustments, proposed under paragraph (4), which are rejected by him;

(c) a note of the [F154 procedural irregularity] averred by the parties and any questions of law or other issue which he considers arise therefrom,

as the case may be.

F155 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The sheriff may, on an application by any party or of his own motion, reduce any of the periods mentioned in paragraph (3), (4) or (6) to such period or periods as he considers reasonable.

(11) Where the sheriff is temporarily absent from duty for any reason, the sheriff principal may extend any period specified in paragraph (3) or (6) for such period or periods as he considers reasonable.

Textual Amendments

F142 Rule 3.59 heading substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 8(4)(a)(iv) (with para. 20)

F143 Rule 3.59(A1) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(50)(a) (with para. 8)

F144 Rule 3.59(1) substituted (1.9.1998) by Act of Sederunt (Child Care and Maintenance Rules) (Amendment No. 2) 1998 (S.I. 1998/2130), paras. 1(1), 2(2)(a)

F145 Words in rule 3.59(1) omitted (1.1.2016) by virtue of Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 8(4)(a)(i) (with para. 20)

F146 Words in rule 3.59(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(50)(b)(ii) (with para. 8)

F147 Words in rule 3.59(2) substituted (1.9.1998) by Act of Sederunt (Child Care and Maintenance Rules) (Amendment No. 2) 1998 (S.I. 1998/2130), paras. 1(1), 2(2)(b)

F148 Word in rule 3.59(2) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(50)(c)(i) (with para. 8)

F149 Rule 3.59(2)(a)-(e) substituted for rule 3.59(2)(a)-(c) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(50)(c)(ii) (with para. 8)

F150 Word in rule 3.59(3) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(50)(d)(i) (with para. 8)

F151 Words in rule 3.59(3) substituted (1.9.1998) by Act of Sederunt (Child Care and Maintenance Rules) (Amendment No.2) 1998 (S.I. 1998/2130), paras. 1(1), 2(2)(b)

F152 Word in rule 3.59(3)(b) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(50)(d)(ii) (with para. 8)

F153 Words in rule 3.59(4)(b)(c) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(50)(e) (with para. 8)

F154 Words in rule 3.59(7)(c) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(50)(f) (with para. 8)

F155 Rule 3.59(8) omitted (7.7.2016) by virtue of Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/194), paras. 1(2), 4(2)

F156 Rule 3.59(9) omitted (1.1.2016) by virtue of Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 8(4)(a)(iii) (with para. 20)

Commencement Information

I56 Rule 3.59 in force at 1.4.1997, see rule 1.1(1)

[F157 Lodging reports and information in appeals] S

3.60.  Where, in an appeal–

(a) it appears to the sheriff that any report or [F158 information] lodged under [F159 section 155(2) of the 2011 Act] is relevant to any issue which is likely to arise in the stated case; and

(b) the report or [F158 information] has been returned to the Principal Reporter,

the sheriff may require the Principal Reporter to lodge the report or [F158 information] with the sheriff clerk.

Textual Amendments

F157 Rule 3.60 heading substituted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(51)(c) (with para. 8)

F158 Word in rule 3.60 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(51)(a) (with para. 8)

F159 Words in rule 3.60(a) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(51)(b) (with para. 8)

Commencement Information

I57 Rule 3.60 in force at 1.4.1997, see rule 1.1(1)

Hearing S

F160 3.61  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Rule 3.61 omitted (1.1.2016) by virtue of Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 8(4)(b) (with para. 20)

Leave of the sheriff principal to appeal to the Court of Session S

F161 3.61A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161 Rule 3.61A omitted (1.1.2016) by virtue of Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 8(4)(c) (with para. 20)

PART X S [F162 APPLICATIONS FOR REVIEW OF GROUNDS DETERMINATION]

Textual Amendments

F162 Ch. 3 Pt. 10 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(53) (with para. 8)

[F163 Application S

3.62— (1) An application under section 110 of the 2011 Act for a review of a grounds determination made in terms of section 108 of the 2011 Act (determination that grounds for referral established) shall contain—

(a) the name and address of the applicant and his or her representative (if any);

(b) the name and address (if known) of the person who is the subject of the grounds determination (even if that person is no longer a child), if not the applicant;

(c) the name and address of the safeguarder (if any);

(d) the name and address of the curator ad litem (if any);

(e) the name and address of any person who is, or was at the time the grounds determination was made, a relevant person in relation to the child, if not the applicant;

(f) the date and grounds determination made and the place of the sheriff court which made the grounds determination;

(g) the grounds for the making of the application;

(h) specification of the nature of evidence in terms of section 111(3) of the 2011 Act not considered by the sheriff who made the grounds determination;

(i) the explanation for the failure to lead such evidence on the original application; and

(j) any reports, affidavits and productions upon which the applicant intends to rely.

(2) Where the applicant does not wish to disclose the address or whereabouts of the child or any other person to persons receiving notice of the application, the applicant shall set out his or her reasons for this.]

Textual Amendments

F163 Rule 3.62 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(54) (with para. 8)

Hearing on application S

3.63— [F164 (1) Where an application has been lodged in terms of rule 3.62, the sheriff clerk shall—

(a) assign a diet for hearing the application;

(b) issue a warrant to cite in Form 65 requiring the Principal Reporter to lodge answers if so advised within such time as the sheriff shall appoint.]

(2) Subject to the provisions of rule 3.4 (service on child), after the issue of the warrant to cite, the applicant shall forthwith give notice of the application by serving a copy and the warrant on the persons named in rule 3.62 [F165 and such other persons as the sheriff directs].

[F166 (3) After hearing parties and having considered the terms of section 111(3) of the 2011 Act and allowing such further procedure as the sheriff thinks fit to secure the expeditious determination of the application, the sheriff shall make an order as appropriate.

(4) The provisions of rule 3.51 shall apply to any order made under paragraph (3).]

Textual Amendments

F164 Rule 3.63(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(55)(a) (with para. 8)

F165 Words in rule 3.63(2) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(55)(b) (with para. 8)

F166 Rule 3.63(3)(4) substituted for rule 3.63(3) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(55)(c) (with para. 8)

Commencement Information

I58 Rule 3.63 in force at 1.4.1997, see rule 1.1(1)

Hearing to consider the evidence S

F167 3.64  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167 Rule 3.64 omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(56) (with para. 8)

[F168 PART XA S ORDERS UNDER THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011

Textual Amendments

F168 Ch. 3 Pt. 10A inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(57) (with para. 8)

Interim compulsory supervision order S

3.64A.— (1) Where a sheriff makes an interim compulsory supervision order under section 100, 109 or 156(3)(d) of the 2011 Act, such order shall be in Form 65A and, subject to rule 3.3, shall be intimated forthwith to the child by the Principal Reporter in Form 65B.

(2) An application for the extension or extension and variation of an interim compulsory supervision order shall be made to the sheriff in Form 65C.

(3) An application for the further extension or further extension and variation of an interim compulsory supervision order shall be made to the sheriff in Form 65D.

(4) Subject to rule 3.3, an application under paragraph (2) or (3) must be intimated forthwith by the applicant to the child and each relevant person and such other persons as the sheriff determines and in such manner as the sheriff determines.

(5) Where the sheriff grants an application under paragraph (2) or (3), the interlocutor shall state the terms of such extension or extension and variation and subject to rule 3.3, shall be intimated forthwith to the child by the Principal Reporter in Form 65B.

(6) Subject to paragraphs (1) and (5), where the sheriff—

(a) makes an interim compulsory supervision order under paragraph (1); or

(b) grants an application under paragraph (2) or (3),

the Principal Reporter shall intimate the order forthwith to the implementation authority and to such other persons as the sheriff determines in Form 65E.

Compulsory supervision order S

3.64B.   Where a sheriff varies or continues a compulsory supervision order, the interlocutor shall state the terms of such variation or continuation and shall be intimated forthwith by the sheriff clerk to the parties and the relevant implementation authority.

Medical examination order S

3.64C.   Where a sheriff varies or continues a medical examination order, the interlocutor shall state the terms of such variation or continuation and shall be intimated forthwith by the sheriff clerk to the parties and the relevant local authority or establishment.]

[F169 PART XI S VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Textual Amendments

F169 Ch. 3 Pt. 11 inserted (1.4.2005) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/190), paras. 1(1), 2(3)

Interpretation S

3.65.   In this Part–

“the Act of 2004” means the Vulnerable Witnesses (Scotland) Act 2004;

F170 ...

“child witness notice” has the meaning given in section 12(2) of the Act of 2004;

“review application” means an application for review of arrangements for vulnerable witnesses pursuant to section 13 of the Act of 2004.

[F171 “vulnerable witness application” has the meaning given in section 12(6)(a) of the Act of 2004”.]

Textual Amendments

F170 Words in rule 3.65 omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(58) (with para. 8)

F171 Words in rule 3.65 inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(2),

[F172 Extent of application of this Part S

3.66.   This Part of Chapter 3 shall apply to proceedings where—

(a) an application is made to the sheriff under section 93(2)(a), 94(2)(a) or 110 of the 2011 Act;

(b) an appeal is made to the sheriff under Part 15 of the 2011 Act; or

(c) an appeal is made under section 44A of the CPSA 1995.]

Textual Amendments

F172 Rule 3.66 substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(8)

Child Witness Notice S

3.67.   A child witness notice lodged in accordance with section 12(2) of the Act of 2004 shall be in Form 75.

3.68.— (1) The party lodging a child witness notice shall intimate a copy of the child witness notice to all other parties to the proceedings and to any safeguarder F173 ... and complete a certificate of intimation. S

(2) A certificate of intimation referred to in this rule shall be in Form 76 and shall be lodged together with the child witness notice.

Textual Amendments

F173 Words in rule 3.68(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(63)(a) (with para. 8)

3.69.— (1) On receipt of a child witness notice, a sheriff may– S

(a) make an order under section 12(1) of the Act of 2004 without holding a hearing;

(b) require of any of the parties further information before making any further order;

(c) fix a date for a hearing of the child witness notice and grant warrant to cite witnesses and havers.

(2) The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the child is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

(3) An order fixing a hearing for a child witness notice shall be intimated by the sheriff clerk–

(a) on the day the order is made; and

(b) in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

[F174 Vulnerable Witness Application S

3.69A.   A vulnerable witness application made in accordance with section 12(6)(a) of the Act of 2004 shall be in Form 76A.

Textual Amendments

F174 Rules 3.69A-3.69C inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(3)

3.69B.— (1) The party making a vulnerable witness application shall intimate a copy of the vulnerable witness application to all other parties to the proceedings and to any safeguarder F175 ... and complete a certificate of intimation. S

(2) A certificate of intimation referred to in this rule shall be in Form 76B and shall be lodged together with the vulnerable witness application.

Textual Amendments

F174 Rules 3.69A-3.69C inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(3)

F175 Words in rule 3.69B(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(63)(b) (with para. 8)

3.69C.— (1) On receipt of a vulnerable witness application a sheriff may– S

(a) make an order under section 12(6) of the Act of 2004 without holding a hearing;

(b) require of any of the parties further information before making any further order; or

(c) fix a date for a hearing of the vulnerable witness application and grant warrant to cite witnesses and havers.

(2) The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the vulnerable witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

(3) An order fixing a hearing for a vulnerable witness application shall be intimated by the sheriff clerk–

(a) on the day the order is made; and

(b) in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.]

Textual Amendments

F174 Rules 3.69A-3.69C inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(3)

Review of arrangements for vulnerable witnesses S

3.70.— (1) A review application shall be in Form 77.

(2) Where the review application is made during the sheriff’s hearing of the case, the sheriff may dispense with the requirements of paragraph (1).

3.71.— (1) Where a review application is in Form 77, the applicant shall intimate a copy of the review application to all other parties to the proceedings and to any safeguarder F176 ... and complete a certificate of intimation. S

(2) A certificate of intimation referred to in this rule shall be in Form 78 and shall be lodged together with the review application.

Textual Amendments

F176 Words in rule 3.71(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(63)(c) (with para. 8)

3.72.— (1) On receipt of a review application, a sheriff may– S

(a) if he is satisfied that he may properly do so, make an order under section 13(2) of the Act of 2004 without holding a hearing or, if he is not so satisfied, make such an order after giving the parties an opportunity to be heard;

(b) require of any of the parties further information before making any further order;

(c) fix a date for a hearing of the review application and grant warrant to cite witnesses and havers.

(2) The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the [F177 witness] is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

(3) An order fixing a hearing for a review application shall be intimated by the sheriff clerk–

(a) on the day the order is made; and

(b) in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Textual Amendments

F177 Word in rule 3.72(2) substituted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(4)

Determination of special measures S

3.73.   When making an order under section 12(1) [F178 ,12(6)] or 13(2) of the Act of 2004 a sheriff may, in light thereof, make such further orders as he deems appropriate in all the circumstances.

Textual Amendments

F178 Word in rule 3.73 inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(5)

Intimation of an order under section 12(1) or 13(2) S

3.74.   An order under section 12(1) [F179 ,12(6)] or 13(2) of the Act of 2004 shall be intimated by the sheriff clerk–

(a) on the day the order is made; and

(b) in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Textual Amendments

F179 Word in rule 3.74 inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(5)

[F180 Lodging audio and audio-visual recordings and documents] S

3.75.— (1) Where evidence is taken on commission pursuant to an order made under section 12(1) [F181 ,12(6)] or 13(2) of the Act of 2004 the commissioner shall lodge [F182 any audio or audio-visual recording] of the commission and relevant documents with the sheriff clerk.

(2) On [F183 any audio or audio-visual recording] and any documents being lodged the sheriff clerk shall–

(a) note–

(i) the documents lodged;

(ii) by whom they were lodged; and

(iii) the date on which they were lodged, and

(b) intimate what he has noted to all parties concerned.

Textual Amendments

F180 Rule 3.75 heading substituted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(60)(c) (with para. 8)

F181 Word in rule 3.75(1) inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(5)

F182 Words in rule 3.75(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(60)(a) (with para. 8)

F183 Words in rule 3.75(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(60)(b) (with para. 8)

[F184 Custody of audio or audio-visual recordings and documents] S

3.76.— (1) [F185 The audio or audio-visual recording] and documents referred to in rule 3.75 shall, subject to paragraph (2), be kept in the custody of the sheriff clerk.

(2) Where [F186 the audio or audio-visual recording] of the evidence of a witness is in the custody of the sheriff clerk under this rule and where intimation has been given to that effect under rule 3.75(2), the name and address of that witness and the record of his evidence shall be treated as being in the knowledge of the parties; and no party shall be required, notwithstanding any enactment to the contrary–

(a) to include the name of that witness in any list of witnesses; or

(b) to include the record of his evidence in any list of productions.]

Textual Amendments

F184 Rule 3.76 heading substituted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(61)(c) (with para. 8)

F185 Words in rule 3.76(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(61)(a) (with para. 8)

F186 Words in rule 3.76(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(61)(b) (with para. 8)

[F187 PART XIA S CASES INVOLVING SEXUAL BEHAVIOUR

Textual Amendments

F187 Ch. 3 Pt. 11A inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(62) (with para. 8)

Interpretation and application of this Part S

3.76A.— (1) This Part of Chapter 3 applies to proceedings where—

(a) an application is made to the sheriff under section 93(2)(a), 94(2)(a) or 110 of the 2011 Act or an appeal is made under Part 15 of the 2011 Act; and

(b) the section 67 ground involves sexual behaviour engaged in by any person.

(2) In the case of relevant appeals the provisions of sections 173 to 175 of the 2011 Act shall be deemed to apply as they apply to applications.

(3) The evidence referred to in section 173(2) of the 2011 Act may be in writing or take the form of an audio or audio-visual recording.

(4) In this Part an “admission application” means an application to the sheriff for an order as to evidence pursuant to section 175(1) of the 2011 Act.]

Application for admission of restricted evidence S

3.77.—(1) An admission application shall be in Form 79.

(2) Where an admission application is made during the sheriff’s hearing of the case, the sheriff may dispense with the requirements of paragraph (1).

3.78.—(1) Where an admission application [F188 is made under rule 3.77], the applicant shall intimate a copy of the admission application to all other parties to the proceedings and to any safeguarder F189 ... and complete a certificate of intimation. S

(2) A certificate of intimation referred to in this rule shall be in Form 80 and shall be lodged together with the admission application.

Textual Amendments

F188 Words in rule 3.78(1) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(64) (with para. 8)

F189 Words in rule 3.78(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(63)(d) (with para. 8)

3.79.—(1) On receipt of an admission application, a sheriff may– S

[F190 (a) grant the admission application in whole or in part;]

(b) require of any of the parties further information before making any further order;

(c) fix a date for a hearing of the admission application and grant warrant to cite witnesses and havers.

(2) The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing to which the admission application relates and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

(3) An order fixing a hearing for an admission application shall be intimated by the sheriff clerk–

(a) on the day the order is made; and

(b) in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Textual Amendments

F190 Rule 3.79(1)(a) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(65) (with para. 8)

3.80.—(1) When making an order pursuant to rule 3.79(1)(a) a sheriff may, in light thereof, make such further orders as he deems appropriate in all the circumstances. S

3.81.—(1) An order made pursuant to rule 3.79(1)(a) shall be intimated by the sheriff clerk– S

(a) on the day the order is made; and

(b) in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

[F191 Lodging restricted evidence S

3.81A.— (1) Where the sheriff makes an order under section 175(1)(or (c) of the 2011 Act, the applicant shall lodge any relevant recording and documents with the sheriff clerk.

(2) On the recording and documents being lodged the sheriff clerk shall—

(a) note—

(i) the evidence lodged;

(ii) by whom they were lodged;

(iii) the date on which they were lodged; and

(b) intimate what he or she has noted to all parties concerned.

(3) The recording and documents referred to in paragraph (1) shall, subject to paragraph (4), be kept in the custody of the sheriff clerk.

(4) Where the recording of the evidence of a witness is in the custody of the sheriff clerk under this rule and where intimation has been given to that effect under paragraph (2), the name and address of that witness and the record of his or her evidence shall be treated as being in the knowledge of the parties; and no party shall be required, notwithstanding any enactment to the contrary—

(a) to include the name of that witness in any list of witnesses; or

(b) to include the record of his or her evidence in any list of productions.]

Textual Amendments

F191 Rule 3.81A inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(66) (with para. 8)

CHAPTER 4 S REGISTRATION OF CHILD CUSTODY ORDERS

Interpretation S

4.1  In this Chapter, unless the context otherwise requires–

“the Act” means the Family Law Act 1986(13);

“appropriate court” means the High Court in England and Wales or the High Court in Northern Ireland or, in relation to a specified dependant territory, the corresponding court of that territory, as the case may be;

“appropriate register” means the sheriff court book in which there is registered the action in which the Part I order was made;

“corresponding court”, in relation to a specified dependent territory, means the corresponding court specified in relation to that territory in Schedule 3 to the Family Law Act 1986 (Dependent Territories) Order 1991(14);

“Part I order” has the meaning assigned to it by sections 1, 32, 42(5) and 42(6) of the Act(15);

“proper officer” means the Secretary of the Principal Registry of the Family Division of the High Court in England and Wales or the Master (Care and Protection) of the High Court in Northern Ireland or, in relation to a specified dependent territory, the corresponding officer of the appropriate court in that territory, as the case may be; and

“specified dependent territory” means a territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Dependent Territories) Order 1991.

Commencement Information

I59 Rule 4.1 in force at 1.4.1997, see rule 1.1(1)

Applications for registration of Part I order in another court S

4.2—(1) An application under section 27 of the Act (registration) to register a Part I order made by a sheriff court in an appropriate court shall be made by letter to the sheriff clerk of the court in which the order was made.

(2) An application under paragraph (1) of this rule shall be accompanied by–

(a) a copy of the letter of application;

(b) an affidavit by the applicant;

(c) a copy of that affidavit;

(d) a certified copy of the interlocutor making the Part I order and any variation thereto which is still in force; and

(e) any other document relevant to the application together with a copy of it.

(3) The affidavit required under this rule shall set out–

(a) the name and address of the applicant and his right under the Part I order;

(b) the name and date of birth of the child in respect of whom the Part I order was made, the present whereabouts or suspected whereabouts of the child and the name of any person with whom he is alleged to be;

(c) the name and address of any other person who has an interest in the Part I order;

(d) the appropriate court in which it is sought to register the Part I order;

(e) whether the Part I order is in force;

(f) whether the Part I order is already registered and, if so, where it is registered; and

(g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the Part I order is to be registered.

Commencement Information

I60 Rule 4.2 in force at 1.4.1997, see rule 1.1(1)

Transmission of application for registration S

4.3—(1) Unless it appears to the court that the Part I order is no longer in force, the sheriff clerk shall send the documents mentioned in section 27(3) of the Act to the proper officer of the court in which the Part I order is to be registered.

(2) For the purposes of section 27(3) of the Act the prescribed particulars of any variation of a Part I order which is in force shall be a certified copy of the interlocutor making any such variation.

(3) On sending an application under paragraph (1) of this rule, the sheriff clerk shall record the date and particulars of the application and the Part I order in the appropriate register.

(4) On receiving notification from the appropriate court that the Part I order has been registered in that court under section 27(4) of the Act, the sheriff clerk shall record the date of registration in the appropriate register.

Commencement Information

I61 Rule 4.3 in force at 1.4.1997, see rule 1.1(1)

Notification of refusal of application S

4.4  Where the court refuses to send an application under rule 4.2 to the appropriate court on the ground that the Part I order is no longer in force, the sheriff clerk shall notify the applicant in writing of the court’s decision.

Commencement Information

I62 Rule 4.4 in force at 1.4.1997, see rule 1.1(1)

Retention of application and related documents S

4.5  The sheriff clerk shall retain the letter of application under rule 4.2 together with any documents which accompanied it and which are not transmitted to the appropriate court under section 27(3) of the Act.

Commencement Information

I63 Rule 4.5 in force at 1.4.1997, see rule 1.1(1)

Cancellation or variation of registered Part I order S

4.6—(1) Where the court revokes, recalls or varies a Part I order which it has made and which has been registered under section 27(4) of the Act, the sheriff clerk shall–

(a) send a certified copy of the appropriate interlocutor to the proper officer of the court in which the Part I order is registered;

(b) record the transmission of the certified copy in the appropriate register; and

(c) record the revocation, recall or variation in the appropriate register.

(2) On receiving notification from the court in which the Part I order is registered that the revocation, recall or variation has been recorded, the sheriff clerk shall record that fact in the appropriate register.

Commencement Information

I64 Rule 4.6 in force at 1.4.1997, see rule 1.1(1)

CHAPTER 5 S MAINTENANCE ORDERS

PART I S GENERAL

Interpretation S

5.1  In this Chapter, unless the context otherwise requires–

“the 1950 Act” means the Maintenance Orders Act 1950(16);

“the 1958 Act” means the Maintenance Orders Act 1958(17);

“the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972(18);

“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982(19);

[F192 “2011 Regulations” means the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;]

[F193 “2012 Regulations” means the International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012;]

“clerk of court” means the clerk to the magistrates' court in England or Northern Ireland and, in relation to a county court in England or Northern Ireland, means the registrar of that court;

“clerk of the magistrates' court” means the clerk to the magistrates' court in England or Northern Ireland as the case may be;

[F193 “Contracting State” means a State bound by the Convention other than an EU Member State;]

[F193 “the Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;]

[F193 “Convention Maintenance Decision” means a decision, or part of a decision, to which Chapter V of the Convention applies by virtue of Article 19(1) made by—

(a)

a court in a Contracting State; or

(b)

a sheriff;]

“Court in a Hague Convention Country” includes any judicial or administrative authority in a Hague Convention Country;

F194 ...

F195 ...

“Hague Convention Country” [F196 means a country or territory specified in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993];

[F192 “Maintenance Decision” has the meaning given to “decision” by Article 2(1) of the Maintenance Regulation;]

[F192 “Maintenance Regulation” means Council Regulation (EC) No 4/2009 of 18th December 2008 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;]

[F192 “Maintenance Regulation State” in the application of any provision in relation to the Maintenance Regulation, refers to any of the Member States;]

“order” includes decree;

“reciprocating country” has the meaning assigned to it by section 1 of the 1972 Act; F197 ...

“the Registrar”, in relation to the High Court in England, means the Senior Registrar of the principal Registry of the Family Division of the High Court in England [F198 ; and

F194 ...]

Textual Amendments

F192 Words in rule 5.1 inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(2)(a) (with para. 10)

F193 Words in rule 5.1 inserted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), paras. 1(2), 4(2)

F194 Words in rule 5.1 omitted (2.3.2009) by virtue of Act of Sederunt (Child Care and Maintenance Rules) Amendment 2009 (S.S.I. 2009/29), paras. 1(1), 2(2)

F195 Words in rule 5.1 omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(2)(b) (with para. 10)

F196 Words in rule 5.1 substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(2)(c) (with para. 10)

F197 Word in rule 5.1 omitted (20.11.2000) by Act of Sederunt (Child Care and Maintenance Rules) Amendment 2000 (S.S.I. 2000/388), paras. 1(2), 2(2)(b)

F198 Words in rule 5.1 inserted (20.11.2000) by Act of Sederunt (Child Care and Maintenance Rules) Amendment 2000 (S.S.I. 2000/388), paras. 1(2), 2(2)(c)

Commencement Information

I65 Rule 5.1 in force at 1.4.1997, see rule 1.1(1)

Application S

5.2—(1) Part II of this Chapter shall have effect in relation to the registration in other parts of the United Kingdom of orders granted by the sheriff to which the 1950 and 1958 Acts apply and such orders are referred to in this Chapter as “outgoing orders under the 1950 Act”.

(2) Part III of this Chapter shall have effect in relation to the registration outwith the United Kingdom of orders to which the 1972 Act, or the 1972 Act as amended by any order in Council made under Part III of the 1972 Act, applies and such orders are referred to as “outgoing orders under the 1972 Act”.

(3) Part IV of this Chapter shall have effect in relation to the registration in the sheriff court of orders made by courts in other parts of the United Kingdom to which the 1950 Act applies and such orders are referred to in this Chapter as “incoming orders under the 1950 Act”.

(4) Part V of this Chapter shall have effect in relation to the registration in the sheriff court of orders made by courts outwith the United Kingdom to which the 1972 Act, or the 1972 Act as amended by any Order in Council made under Part III of the 1972 Act, applies and such orders are referred to in this Chapter as “incoming orders under the 1972 Act”.

(5) Part VI of this Chapter shall have effect in relation to the registration in the sheriff court of orders made by courts outwith the United Kingdom to which the 1982 Act applies and such orders are referred to in this Chapter as “incoming orders under the 1982 Act”.

[F199 (6) Part VII of this Chapter shall have effect in relation to a Maintenance Decision.

(7) Part VIII of this Chapter shall have effect only in relation to—

(a) a Maintenance Decision made by a court in Denmark; and

(b) a Maintenance Decision to which sections 2 and 3 of Chapter IV of the Maintenance Regulation apply by virtue of Article 75(2)(a) or (b) of that Regulation.]

[F200 (8) Part IX of this Chapter shall have effect in relation to a Convention Maintenance Decision.]

Textual Amendments

F199 Rule 5.2(6)(7) inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(3) (with para. 10)

F200 Rule 5.2(8) inserted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), paras. 1(2), 4(3)

Commencement Information

I66 Rule 5.2 in force at 1.4.1997, see rule 1.1(1)

Prescribed officer S

5.3—(1) The sheriff clerk shall be–

(a) the prescribed officer for the purposes of the 1950, 1958 and 1972 Acts, the 1972 Act as amended by any Order in Council, [F201 the 1982 Act and the 2011 Regulations]; and

(b) the proper officer for the purposes of Schedules 6 and 7 to the 1982 Act (enforcement of U.K. judgments).

(2) Unless otherwise provided, all communications which the prescribed officer is required to send to–

(a) an addressee in the United Kingdom shall be sent by first class recorded delivery post; and

(b) an addressee outwith the United Kingdom shall be sent registered letter or the nearest equivalent which the available postal service permits.

Textual Amendments

F201 Words in rule 5.3(1)(a) substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(4) (with para. 10)

Commencement Information

I67 Rule 5.3 in force at 1.4.1997, see rule 1.1(1)

Maintenance Orders Register S

5.4—(1) The sheriff clerk shall maintain a Register called “the Maintenance Orders Register” for the purpose of the 1950, 1958 and 1972 Acts, the 1972 Act as amended by any Order in Council, [F202 the 1982 Act [F203 , the Maintenance Regulation and the 2012 Regulations,]] Part I of which shall relate to outgoing orders and Part II to incoming orders.

(2) The sheriff clerk shall make appropriate entries in the Maintenance Orders Register in respect of any action taken by him or notified to him in accordance with [F204 the relevant provisions], and shall keep in such manner as he considers appropriate any documents sent to him in connection with any such action.

(3) Every entry registering a maintenance order shall specify [F205 the relevant provision including] and where appropriate any Order in Council under which the maintenance order in question is registered.

(4) When a registered maintenance order is varied, revoked or cancelled, the sheriff clerk shall make an appropriate entry against the entry for the original order.

Textual Amendments

F202 Words in rule 5.4(1) substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(5)(a) (with para. 10)

F203 Words in rule 5.4(1) substituted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), paras. 1(2), 4(4)

F204 Words in rule 5.4(2) substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(5)(b) (with para. 10)

F205 Words in rule 5.4(3) substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(5)(c) (with para. 10)

Commencement Information

I68 Rule 5.4 in force at 1.4.1997, see rule 1.1(1)

Inspection S

5.5—(1) The sheriff clerk shall, on an application by–

(a) any person entitled to, or liable to make, payments under an order in respect of which any entry has been made in the Maintenance Orders Register; or

(b) a solicitor acting on behalf of any such person,

permit that person or his solicitor, as the case may be, to inspect any such entry and any document in his possession relating to that entry and to take copies of any such entry or document.

(2) On an application by or on behalf of any other person, the sheriff clerk may, on being satisfied of that person’s interest, grant that person or his solicitor permission to inspect or take copies of any such entry or document.

Commencement Information

I69 Rule 5.5 in force at 1.4.1997, see rule 1.1(1)

PART II S OUTGOING ORDERS UNDER THE 1950 ACT

Commencement of proceedings S

5.6—(1) Every writ by which proceedings are begun in a sheriff court having jurisdiction under or by virtue of Part I of the 1950 Act against a person residing in another part of the United Kingdom, and all parts of process (other than productions) lodged in any proceedings taken in a sheriff court under or by virtue of the 1950 Act or the 1958 Act, shall be headed “Maintenance Orders Act 1950” or as the case may be “Maintenance Orders Act 1958”.

(2) The warrant of citation granted upon any writ which by virtue of those Acts is to be served upon a person residing in another part of the United Kingdom shall proceed upon a period of notice of 21 days, and such warrant of citation may be signed by the sheriff clerk.

(3) In connection with the service under section 15 of the 1950 Act (service of process) of a writ from a sheriff court the expressions “initial writ”, “writ” and “summons” in the said section and in the forms contained in the Second Schedule to that Act shall include the warrant of citation relative thereto.

Commencement Information

I70 Rule 5.6 in force at 1.4.1997, see rule 1.1(1)

Application for registration S

5.7—(1) An application for registration in a magistrates' court in England or Northern Ireland of an order granted by a sheriff court to which the 1950 Act applies shall be made by lodging with the sheriff clerk–

(a) a letter of application;

(b) an affidavit by the applicant;

(c) a copy of that affidavit; and

(d) a certified copy of the order.

(2) An affidavit under this rule shall include–

(a) the name and address of the person liable to make payments under the order;

(b) details of any arrears due under the order and the date to which they are calculated;

(c) the reason for the application; and

(d) a statement that the order is not already registered under the 1950 Act.

Commencement Information

I71 Rule 5.7 in force at 1.4.1997, see rule 1.1(1)

Transmission S

5.8  On the grant of an application under rule 5.7, the sheriff clerk shall send to the clerk of the magistrates' court–

(a) the affidavit of the applicant;

(b) the certified copy of the order; and

(c) a letter requesting registration of the order.

Commencement Information

I72 Rule 5.8 in force at 1.4.1997, see rule 1.1(1)

Application to adduce evidence S

5.9—(1) An application to a sheriff court under section 22(5) of the 1950 Act to adduce evidence in connection with an order granted by that court and registered in a court in England or Northern Ireland shall be made by initial writ.

(2) Any evidence adduced in pursuance of such an application shall be recorded in such manner as the sheriff shall direct and the record of evidence certified by the sheriff shall be the transcript or summary of the evidence adduced, and shall be signed by the deponent, together with any documentary productions referred to therein.

(3) Where the sheriff clerk of a court in which an order was granted receives a transcript or summary of evidence connected with that order adduced, under section 22(5) of the 1950 Act, in the court where the order was registered, he shall lodge such transcript or summary in the process containing that order.

Commencement Information

I73 Rule 5.9 in force at 1.4.1997, see rule 1.1(1)

Re-registration in the High Court S

5.10—(1) When an order has been registered in the magistrates' court, an application to the sheriff court for the re-registration of that order in the High Court in England under the 1958 Act shall be made by lodging with the sheriff clerk–

(a) a letter of application;

(b) an affidavit by the applicant;

(c) a certified copy of that affidavit; and

(d) a certified copy of the order.

(2) An affidavit under this rule shall include–

(a) the name and address of the person liable to make payments under the order;

(b) details of any arrears due under the order and the date to which they are calculated;

(c) the reason for the application;

(d) the date and place of the original registration;

(e) where the order has been re-registered, the date and place of the last re-registration and whether or not that has been cancelled, or where any of these facts is not known a statement to that effect; and

(f) a declaration that no process remains in force for the enforcement of the registered order.

Commencement Information

I74 Rule 5.10 in force at 1.4.1997, see rule 1.1(1)

Transmission for re-registration S

5.11  If an application under rule 5.10 is granted, the sheriff clerk shall send to the Registrar–

(a) the affidavit of the applicant; and

(b) a letter stating that the application has been granted and requesting him to take steps to have the order registered in the High Court.

Commencement Information

I75 Rule 5.11 in force at 1.4.1997, see rule 1.1(1)

Discharge and variation S

5.12  Where an interlocutor is pronounced in the sheriff court varying or discharging an order registered under the 1950 Act or the 1958 Act, the sheriff clerk shall send to the clerk of the magistrates' court and, as the case may be, to the Registrar–

(a) a certified copy of the interlocutor; and

(b) a letter requesting the clerk of the magistrates' court and, as the case may be, the Registrar to take the appropriate action under those Acts, in accordance with the interlocutor, and to notify him of the result.

Commencement Information

I76 Rule 5.12 in force at 1.4.1997, see rule 1.1(1)

Cancellation of registration S

5.13—(1) An application under section 24(2) of the 1950 Act (cancellation of registration)(20) in connection with an order granted by a sheriff court and registered in a court in England or Northern Ireland shall be made by lodging with the sheriff clerk an affidavit by the person liable to make payments under the order stating the facts on which the application is founded.

(2) Where it appears to the sheriff clerk that the applicant has ceased to reside in England or Northern Ireland, as the case may be, the sheriff clerk shall send notice to that effect to the clerk of the magistrates' court and the Registrar, as the case may be, of any court in which the order is registered.

Commencement Information

I77 Rule 5.13 in force at 1.4.1997, see rule 1.1(1)

PART III S OUTGOING ORDERS UNDER THE 1972 ACT

Application for transmission of order for enforcement in a reciprocating country S

5.14—(1) An application for the transmission of a maintenance order for enforcement in a reciprocating country shall be made by letter addressed to the sheriff clerk.

(2) There shall be lodged with any such application–

(a) a certified copy of the relevant order;

(b) a statement signed by the applicant or his solicitor of any arrears outstanding in respect of the order;

(c) a statement signed by the applicant or his solicitor giving such information as to the whereabouts of the payer as he possesses;

(d) a statement signed by the applicant or his solicitor giving such information as the applicant possesses for facilitating the identification of the payer;

(e) where available, a photograph of the payer.

Commencement Information

I78 Rule 5.14 in force at 1.4.1997, see rule 1.1(1)

Application for transmission of order for enforcement in the Republic of Ireland S

F206 5.15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F206 Rule 5.15 omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(6)(a) (with para. 10)

Application for transmission of order to Hague Convention Country S

5.16—(1) An application for the transmission of a maintenance order to a Court in a Hague Convention Country for registration and enforcement shall be made by letter addressed to the sheriff clerk.

(2) There shall be lodged with any such application–

(a) a certified copy of the relevant order;

(b) a statement signed by the applicant or his solicitor of any arrears outstanding in respect of that order;

(c) a statement signed by the applicant or his solicitor giving such information as to the whereabouts of the payer as he possesses;

(d) a statement signed by the applicant or his solicitor giving such information as the applicant possesses for facilitating the identification of the payer;

(e) where available, a photograph of the payer;

(f) a statement signed by the applicant or his solicitor which establishes that notice of the order was sent to the payer;

(g) if the payee received legal aid in the proceedings, a statement to that effect; and

(h) if the payer did not appear in the proceedings in which the maintenance order was made, the original or a certified true copy of a document which establishes that notice of the institution of the proceedings was served on the payer.

Commencement Information

I79 Rule 5.16 in force at 1.4.1997, see rule 1.1(1)

[F207 Application for transmission of order for enforcement F208 ... in the USA S

5.16A.— (1) An application for the transmission of a maintenance order to F209 ... the United States of America for F209 ... enforcement shall be made by letter addressed to the sheriff clerk.

(2) There shall be lodged with any such application–

(a) three certified copies of the maintenance order;

(b) a certificate of arrears signed by the applicant or his solicitor;

(c) a sworn statement signed by the payee–

(i) giving the address of the payee;

(ii) giving such information as is known as to the whereabouts of the payer; and

(iii) giving a description, so far as is known, of the nature and location of any assets of the payer available for execution; and

(d) a statement signed by the applicant giving such information as the applicant possesses for facilitating the identification of the payer including a photograph if available.]

Textual Amendments

F207 Rule 5.16A inserted (20.11.2000) by Act of Sederunt (Child Care and Maintenance Rules) Amendment 2000 (S.S.I. 2000/388), paras. 1(2), 2(3)

F208 Words in rule 5.16A heading omitted (2.3.2009) by virtue of Act of Sederunt (Child Care and Maintenance Rules) Amendment 2009 (S.S.I. 2009/29), paras. 1(1), 2(3)

F209 Words in rule 5.16A(1) omitted (2.3.2009) by virtue of Act of Sederunt (Child Care and Maintenance Rules) Amendment 2009 (S.S.I. 2009/29), paras. 1(1), 2(4)

Service on defender in Hague Convention Country S

5.17  For the purposes of section 4(4) of the 1972 Act as applied in respect of a defender in a Hague Convention Country(21), service on such a defender shall be effected in accordance with the Ordinary Cause Rules.

Commencement Information

I80 Rule 5.17 in force at 1.4.1997, see rule 1.1(1)

[F210 Service of notice of proceedings on payer residing in USA S

5.17A.   Where service of a document is executed in accordance with section 5(4)(a) of the 1972 Act as applied to the United States of America, the Scottish Ministers shall obtain and lodge with the sheriff clerk a certificate by a person who is conversant with the law of the United States of America and who practises or who has practised law in that country or is a duly accredited representative of the Government of the United States of America, stating that the method of service employed is in accordance with the law of the place where service was executed.]

Textual Amendments

F210 Rule 5.17A inserted (2.3.2009) by Act of Sederunt (Child Care and Maintenance Rules) Amendment 2009 (S.S.I. 2009/29), paras. 1(1), 2(5)

Provisional order made with a view to transmission to a reciprocating country S

5.18  A certificate signed by the sheriff clerk in terms of section 3(5)(c) of the 1972 Act (certificate of grounds), as read with section 4(6) thereof, shall also be signed by the sheriff.

Commencement Information

I81 Rule 5.18 in force at 1.4.1997, see rule 1.1(1)

Evidence adduced prior to confirmation of provisional order S

5.19—(1) Where under section 5(9) of the 1972 Act it appears to the sheriff that a provisional order ought not to have been made, the sheriff clerk shall send by first class recorded delivery a notice on Form 66 to the person on whose application the order was made.

(2) Where such a person wishes to make representations, he shall lodge with the sheriff clerk within 21 days of the date of posting of the notice a minute narrating the representations and the further evidence which he intends to adduce.

(3) On the expiry of the period of 21 days, the cause shall be enrolled before the sheriff who shall appoint a diet for the hearing of further evidence or make such other order as may be appropriate.

Commencement Information

I82 Rule 5.19 in force at 1.4.1997, see rule 1.1(1)

Provisions in relation to intimation and entering appearance S

5.20—(1) Where the 1972 Act provides that on intimation to a payee of the receipt by the Court of a provisional order the payee is to enter appearance within a prescribed period, intimation shall be given in Form 67 and the period shall be–

(a) 21 days from the date of posting where the payee is resident in Europe; and

(b) 42 days from the date of posting where the payee is resident outside Europe.

(2) To enter appearance in terms of section 5(6) of the 1972 Act, the payee shall lodge an application–

(a) stating that he opposes confirmation of the order; and

(b) setting forth averments in answer to the case upon which the provisional order was made, supported by the appropriate pleas-in-law.

(3) Where the payee enters appearance in terms of section 5(6) of the 1972 Act, the sheriff shall appoint a diet for the hearing of evidence or make such other order as may be appropriate to enable the court to proceed in accordance with the procedure and practice in ordinary civil proceedings in the sheriff court as if the application for the variation or revocation of the maintenance order had been made to it.

Commencement Information

I83 Rule 5.20 in force at 1.4.1997, see rule 1.1(1)

Authentication of documents S

5.21  Where the 1972 Act provides that a document is to be authenticated in a prescribed manner, it shall be authenticated by a certificate signed by the sheriff clerk declaring that the document is authentic.

Commencement Information

I84 Rule 5.21 in force at 1.4.1997, see rule 1.1(1)

Application under section 4 or 5 of the 1972 Act S

5.22  An application for a provisional order under section 4 of the 1972 Act(22) or an application under section 5 of that Act for variation or revocation of a maintenance order shall [F211 proceed as an ordinary cause in accordance with the terms of Chapter 33 (family actions) or 33A (civil partnership actions), as the case may be, of the Ordinary Cause Rules].

Textual Amendments

F211 Words in rule 5.22 substituted (2.3.2009) by Act of Sederunt (Child Care and Maintenance Rules) Amendment 2009 (S.S.I. 2009/29), paras. 1(1), 2(6)

Commencement Information

I85 Rule 5.22 in force at 1.4.1997, see rule 1.1(1)

[F212 Representations or evidence by payer residing in the USA S

5.22A.— (1) Where notices are provided in accordance with section 5(4) of the 1972 Act as applied to the United States of America, the sheriff clerk shall notify the recipients of the notices that if the payer wishes the court in Scotland to take into account any representations made by him or any evidence adduced by him or on his behalf, then such representations or evidence must be lodged with the sheriff clerk not later than 21 days before the date fixed for the hearing.

(2) Where such representations are lodged, or such evidence is lodged, the sheriff clerk shall serve a copy of the representations or evidence–

(a) where the payee is represented by a solicitor, on that solicitor, by–

(i) personal delivery;

(ii) facsimile transmission;

(iii) first class ordinary post; or

(iv) delivery to a document exchange; and

(b) where the payee is not represented by a solicitor, on the payee, by any of the methods of service provided for in Chapter 5 of the Ordinary Cause Rules (citation, service and intimation).

Textual Amendments

F212 Rules 5.22A, 5.22B inserted (2.3.2009) by Act of Sederunt (Child Care and Maintenance Rules) Amendment 2009 (S.S.I. 2009/29), paras. 1(1), 2(7)

Application by payer residing in the USA for variation or revocation of order S

5.22B.— (1) Where an application is made in accordance with section 5(6) of the 1972 Act as applied to the United States of America, the sheriff clerk shall give notice of institution of the proceedings, including notice of the substance of the application, in accordance with subparagraph (2) or (3).

(2) Where the payee is represented by a solicitor, the document referred to in subparagraph (1) shall be served on that solicitor by–

(a) personal delivery;

(b) facsimile transmission;

(c) first class ordinary post; or

(d) delivery to a document exchange.

(3) Where the payee is not represented by a solicitor, the document referred to in subparagraph (1) shall be served on the payee by any of the methods of service provided for in Chapter 5 of the Ordinary Cause Rules (citation, service and intimation).]

Textual Amendments

F212 Rules 5.22A, 5.22B inserted (2.3.2009) by Act of Sederunt (Child Care and Maintenance Rules) Amendment 2009 (S.S.I. 2009/29), paras. 1(1), 2(7)

Evidence S

5.23—(1) Where any request to take evidence is made by or on behalf of a court in terms of section 14 of the 1972 Act, or the Act as amended by any Order in Council made under Part III of that Act, or by the Secretary of State in terms of section 38 thereof, such evidence shall be taken before a sheriff of the sheriffdom in which the witness resides and shall be taken down by a shorthand writer, or where the sheriff so directs, by the sheriff, and the extended notes of evidence certified by the sheriff shall be the notes of the evidence taken.

(2) Where a provisional order is made under section 4 or 5 of the 1972 Act and evidence has been taken by a shorthand writer, the applicant or his solicitor shall provide the sheriff clerk with a copy of the extended notes of evidence.

Commencement Information

I86 Rule 5.23 in force at 1.4.1997, see rule 1.1(1)

PART IV S INCOMING ORDERS UNDER THE 1950 ACT

Registration S

5.24—(1) On receiving a certified copy of a maintenance order made by a court in England or Northern Ireland, the sheriff clerk shall–

(a) retain any certificate or affidavit sent with the certified copy of the order as to the amount of any arrears due under the order;

(b) endorse on the certified copy order a declaration in Form 68 and retain such certified copy order and declaration; and

(c) notify the clerk of the court which made the order that it has been registered.

(2) The sheriff clerk may issue an extract of the order with the declaration thereon, and such extract shall have the same force and effect as, and may be enforced in all respects as if it was, an extract decree of the sheriff court in which the certified copy is registered.

Commencement Information

I87 Rule 5.24 in force at 1.4.1997, see rule 1.1(1)

Variation of rate of payment S

5.25  An application to a sheriff court under section 22(1) of the 1950 Act(23) for variation of the rate of payment under a maintenance order made by a court in England or Northern Ireland and registered in that sheriff court shall be made by initial writ.

Commencement Information

I88 Rule 5.25 in force at 1.4.1997, see rule 1.1(1)

Application to adduce evidence S

5.26—(1) An application to a sheriff court under section 22(5) of the 1950 Act to adduce evidence in connection with a maintenance order made by a court in England or Northern Ireland and registered in that sheriff court shall be made by initial writ.

(2) Any evidence adduced in pursuance of such an application shall be recorded in such manner as the sheriff shall direct and the record of evidence certified by the sheriff shall be the transcript or summary of the evidence adduced.

(3) Where the sheriff clerk of a court in which an order is registered receives a transcript or summary of evidence connected with that order adduced under section 22(5) of the 1950 Act in the court where that order was made, he shall lodge such transcript or summary in the process of any proceedings for variation of the order before the sheriff court.

Commencement Information

I89 Rule 5.26 in force at 1.4.1997, see rule 1.1(1)

Discharge and variation S

5.27—(1) Where a maintenance order made by a court in England or Northern Ireland and registered under the 1950 Act in a sheriff court is varied by that sheriff court, the sheriff clerk shall give notice of the variation to the clerk of the court by which the order was made by sending him a certified copy of the interlocutor varying the order.

(2) Where a maintenance order made by a court in England or Northern Ireland and registered in a sheriff court is discharged or varied by any court other than that sheriff court, the sheriff clerk shall on receipt of a certified copy of the order discharging or varying the registered order notify the clerk of the appropriate court that the discharge or variation has been entered in the Maintenance Orders Register.

(3) Paragraphs (1)(a) and (b) and (2) of rule 5.24 shall apply to an order varying a registered order as they apply to the registered order.

Commencement Information

I90 Rule 5.27 in force at 1.4.1997, see rule 1.1(1)

Cancellation of registration S

5.28—(1) An application under section 24(1) of the 1950 Act for the cancellation of the registration of a maintenance order made by a court in England or Northern Ireland and registered in a sheriff court shall be made by lodging with the sheriff clerk–

(a) an application for that purpose which shall state the date of the registration of the order; and

(b) a copy of the order the registration of which is sought to be cancelled.

(2) Where under section 24(1) or (2) of the 1950 Act the sheriff clerk cancels the registration of a maintenance order, he shall–

(a) notify the clerk of the court by which the order was made; and

(b) notify the person liable to make payments under the order.

Commencement Information

I91 Rule 5.28 in force at 1.4.1997, see rule 1.1(1)

PART V S INCOMING ORDERS UNDER THE 1972 ACT

Provisions in relation to intimation and entering appearance S

5.29—(1) Where the 1972 Act provides that on intimation to a payer of the receipt by the court of a provisional order the payer is to enter appearance within a prescribed period, intimation shall be given in Form 67 and the period shall be–

(a) 21 days from the date of posting where the payer is resident in Europe; and

(b) 42 days from the date of posting where the payer is resident outside Europe.

(2) To enter appearance in terms of section 7(4) or 9(7) of the 1972 Act, the payer shall lodge an application–

(a) stating that he opposes confirmation of the order; and

(b) setting forth averments in answer to the case upon which the provisional order was made, supported by appropriate pleas-in-law.

(3) Where the payer enters appearance in terms of section 7(4) of the 1972 Act, the sheriff shall appoint a diet for the hearing of evidence or make such other order as may be appropriate to enable the court to proceed in accordance with the procedure and practice in ordinary civil proceedings in the sheriff court as if an application for a maintenance order against the payer had been made to it.

(4) Where the payer enters appearance in terms of section 9(7) of the 1972 Act, the sheriff shall appoint a diet for the hearing of evidence or make such other order as may be appropriate to enable the court to proceed in accordance with the procedure and practice in ordinary civil proceedings in the sheriff court as if an application for the variation of the maintenance order had been made to it.

Commencement Information

I92 Rule 5.29 in force at 1.4.1997, see rule 1.1(1)

Authentication of documents S

5.30  Where the 1972 Act provides that a document is to be authenticated in a prescribed manner, it shall be authenticated by a certificate signed by the sheriff clerk declaring that the document is authentic.

Commencement Information

I93 Rule 5.30 in force at 1.4.1997, see rule 1.1(1)

Application under sections 9 and 20 of the 1972 Act S

5.31—(1) An application under section 9 of the 1972 Act (variation and revocation of maintenance orders)(24) for variation or revocation of a maintenance order shall be brought as an ordinary cause.

(2) An application under section 20 of the 1972 Act (restriction on enforcement of arrears) for leave to enforce the payment of any arrears due under a maintenance order registered in Scotland shall be made by lodging a minute in the process.

Commencement Information

I94 Rule 5.31 in force at 1.4.1997, see rule 1.1(1)

Information to be provided where payer has ceased to reside in Scotland S

5.32—(1) Where the registration of an order is cancelled in the circumstances set out in section 10(2) of the 1972 Act, the payee or his solicitor shall provide the sheriff clerk so far as is possible with information to enable the sheriff clerk to prepare the certificate and statement referred to in section 10(7) of the 1972 Act(25).

(2) Where the sheriff clerk is required in terms of section 32(1) of the 1972 Act (transfer of orders) to send to the Secretary of State the related documents specified in section 32(8) of that Act, the payee or his solicitor shall provide the sheriff clerk so far as possible with information to enable the sheriff clerk to prepare the certificate and statement to be included among those documents.

Commencement Information

I95 Rule 5.32 in force at 1.4.1997, see rule 1.1(1)

Evidence S

5.33  Where a provisional order is made under section 9 of the 1972 Act and evidence has been taken by a shorthand writer, the applicant or his solicitor shall provide the sheriff clerk with a copy of the extended notes of evidence.

Commencement Information

I96 Rule 5.33 in force at 1.4.1997, see rule 1.1(1)

Intimation of registration of, or of decision not to register, an order made in the Republic of Ireland S

F213 5.34  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F213 Rule 5.34 omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(6)(b) (with para. 10)

Application to set aside registration of, or to set aside decision not to register, an order made in the Republic of Ireland S

F214 5.35  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F214 Rule 5.35 omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(6)(c) (with para. 10)

Intimation of registration of, or refusal to register, an order made in a Hague Convention Country S

5.36—(1) Intimation of the registration of a maintenance order in terms of section 6 of the 1972 Act as applied to an order made in a Hague Convention Country shall be given by the sheriff clerk–

(a) to the payer, by sending an intimation in Form 72; and

(b) to the payee, by sending a notice in Form 70.

(2) Notice of a refusal to register a maintenance order on any of the grounds set out in section 6(5), (6) or (7) of the 1972 Act as applied to an order made in a Hague Convention Country shall be given by the sheriff clerk to the payee, by sending a notice in Form 71.

Commencement Information

I97 Rule 5.36 in force at 1.4.1997, see rule 1.1(1)

Application to set aside registration of, or to set aside decision not to register, an order made in a Hague Convention Country S

5.37  Application to the court under section 6(9) or (12) of the 1972 Act as applied to an order made in a Hague Convention Country(26) shall be made by summary application setting out the grounds of the application.

Commencement Information

I98 Rule 5.37 in force at 1.4.1997, see rule 1.1(1)

PART VI S INCOMING ORDERS UNDER THE 1982 ACT

[F215 Applications under section 5A of the 1982 Act] S

5.38—(1)  [F216 Applications] under [F217 section 5A] of the 1982 Act shall be in writing addressed to [F218 the Scottish Ministers], signed by the applicant, or a solicitor or professional person qualified to act in such matters in the Contracting State of origin on his behalf, and shall specify–

(a) an address within Scotland for service on the applicant;

(b) the usual and last known address of the person against whom judgement was granted;

(c) the place where the applicant seeks to enforce the judgement;

(d) whether at the date of the application the judgement has been satisfied in whole or in part;

(e) whether interest is recoverable under the judgement in accordance with the law of the country in which it was granted and, if so, the rate of interest and the date from which interest became due; and

(f) whether the time for bringing an appeal against the judgement has expired without an appeal having been brought or whether an appeal has been brought against the judgement and is pending or has been finally disposed of.

(2) An application under paragraph (1) shall be accompanied by–

(a) a copy of the judgement authenticated by the court which made the order;

(b) documents which establish that, according to the law of the country in which the judgement has been given, the judgement is enforceable and has been served;

(c) in the case of a judgement given in default, documents which establish that the party in default was served with the documents instituting the proceedings;

(d) where appropriate, a document showing that the applicant is in receipt of legal aid in the country in which the judgement was given; and

(e) where the judgement or any of the documents specified in sub-paragraphs (b) to (d) are in a language other than English, a translation into English certified by a person qualified to do so in one of the Contracting States.

(3) Where the applicant does not produce a document required under paragraph (2)(c) or (d), the sheriff clerk may–

(a) fix a time within which the document is to be produced;

(b) accept an equivalent document; or

(c) dispense with production of the document.

Textual Amendments

F215 Rule 5.38 heading substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(7)(b) (with para. 10)

F216 Word in rule 5.38(1) substituted (1.1.2010) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (No.2) 2009 (S.S.I. 2009/449), paras. 1(1), 2(2)(a)

F217 Words in rule 5.38(1) substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(7)(a) (with para. 10)

F218 Words in rule 5.38(1) substituted (1.1.2010) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (No.2) 2009 (S.S.I. 2009/449), paras. 1(1), 2(2)(c)

Commencement Information

I99 Rule 5.38 in force at 1.4.1997, see rule 1.1(1)

Address of applicant’s solicitor for service S

5.39  Where the sheriff clerk is informed by a solicitor practising in Scotland that he is acting on behalf of the applicant, the business address of the solicitor shall thereafter be treated as the address for service on the applicant.

Commencement Information

I100 Rule 5.39 in force at 1.4.1997, see rule 1.1(1)

Notice of determination of application S

5.40  Immediately after determination of an application for the recognition or enforcement of an order, the sheriff clerk shall serve, in accordance with the Ordinary Cause Rules so far as not inconsistent with the terms of this Chapter, a notice in Form 73 on the applicant and on the person against whom enforcement is sought.

Commencement Information

I101 Rule 5.40 in force at 1.4.1997, see rule 1.1(1)

Appeal by party against whom enforcement is authorised S

5.41—(1) Where enforcement of a maintenance order is authorised to any extent, the party against whom enforcement is authorised may appeal by way of summary application to the sheriff against the decision of the sheriff clerk–

(a) within one month from the date of service of the notice under rule 5.40; or

(b) if the person against whom enforcement is sought is domiciled in a Contracting State other than the United Kingdom, within two months from the date of service of such notice.

(2) The determination of the sheriff of such a summary application shall be subject to a final appeal on a point of law to the Inner House of the Court of Session in accordance with the Ordinary Cause Rules.

Commencement Information

I102 Rule 5.41 in force at 1.4.1997, see rule 1.1(1)

Appeal by applicant S

5.42—(1) Where the application for enforcement of a maintenance order is refused, the applicant may appeal by way of summary application to the sheriff within one month from the date of service of the notice under rule 5.40.

(2) The determination of the sheriff of such a summary application shall be subject to a final appeal on a point of law to the Inner House of the Court of Session in accordance with the Ordinary Cause Rules.

Commencement Information

I103 Rule 5.42 in force at 1.4.1997, see rule 1.1(1)

Enforcement of registered order S

5.43  The applicant may obtain an extract of a registered order and proceed to arrest in execution, to intimate the order (for the purposes of section 54(1) of the Debtors (Scotland) Act 1987(27)), to inhibit and to charge and [F219 attach] thereon, but may not proceed to an action of furthcoming in respect of an arrestment, serve a current maintenance arrestment schedule, make application for a conjoined arrestment order, proceed to adjudication in respect of inhibition or [F220 auction in respect of an attachment] until the time for appeal against the determination of the sheriff under rules 5.41 or 5.42 has elapsed and any appeal has been disposed of.

Textual Amendments

F219 Word in rule 5.43 substituted (30.12.2002) by Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002 (S.S.I. 2002/560), para. 1(1)(b), sch. 3 para. 7(a)

F220 Words in rule 5.43 substituted (30.12.2002) by Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002 (S.S.I. 2002/560), para. 1(1)(b), sch. 3 para. 7(b)

Commencement Information

I104 Rule 5.43 in force at 1.4.1997, see rule 1.1(1)

[F221 PART VII S MAINTENANCE DECISIONS UNDER THE MAINTENANCE REGULATION

Textual Amendments

F221 Ch. 5 Pts. 7, 8 inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(8) (with para. 10)

Application for transmission of a Maintenance Decision to another Maintenance Regulation State S

5.44.— (1) This rule applies to applications under Article 40 of the Maintenance Regulation to enforce a Maintenance Decision of a sheriff in another Maintenance Regulation State.

(2) On receipt of an application in the form of a letter, the sheriff clerk will provide the applicant with a certified copy of the Maintenance Decision and a completed extract from the decision in the form of Annex I or II to the Maintenance Regulation as the case may be.

(3) The letter must be addressed to the sheriff clerk and must include—

(a) the name and National Insurance number (if known) of the parties to the proceedings;

(b) the date, or approximate date, of the proceedings in which the Maintenance Decision was made and the nature of those proceedings;

(c) the Maintenance Regulation State in which the application for recognition or enforcement has been made or is to be made; and

(d) the postal address of the applicant.

Enforcement of a Maintenance Decision made by a court in a Maintenance Regulation State other than Denmark S

5.45.   The “enforcing court” under paragraph 4(2) of Schedule 1 to the 2011 Regulations, means the sheriff court having jurisdiction in the matter in accordance with Schedule 8 to the 1982 Act.

PART VIII S RECOGNITION AND ENFORCEMENT OF MAINTENANCE DECISIONS MADE BY COURTS IN DENMARK ETC.

Recognition and enforcement of a Maintenance Decision made in Denmark etc. S

5.46.   The “registering court” under paragraph 6(2) of Schedule 1 to the 2011 Regulations, means the sheriff court having jurisdiction in the matter in accordance with Schedule 8 to the 1982 Act.

Intimation of registration of, or refusal to register, a Maintenance Decision made in Denmark etc. S

5.47.— (1) Intimation of the registration of a Maintenance Decision in accordance with Article 31 of the Maintenance Regulation shall be given by the sheriff clerk—

(a) to the payer, by sending an intimation in Form 73A; and

(b) to the payee, by sending a notice in Form 73B.

(2) Notice of a refusal to register a Maintenance Decision shall be given by the sheriff clerk to the payee, by sending a notice in Form 73C.

Application to set aside registration of, or to set aside decision not to register, a Maintenance Decision made in Denmark etc. S

5.48.   An application under Article 32 of the Maintenance Regulation shall be by summary application setting out the grounds of the application.

Sist of proceedings S

5.49.   An application under Article 35 of the Maintenance Regulation shall be made by motion.]

[F222 PART IX S RECOGNITION AND ENFORCEMENT OF CONVENTION MAINTENANCE DECISIONS

Textual Amendments

F222 Ch. 5 Pt. 9 inserted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), paras. 1(2), 4(5)

Application for transmission of Convention Maintenance Decision to a Contracting State S

5.50.— (1) This rule applies to an application under Article 10(1) of the Convention to enforce a Convention Maintenance Decision of a sheriff in another Contracting State.

(2) On receipt of an application in the form of a letter, the sheriff clerk must provide the applicant with a certified copy of the Convention Maintenance Decision.

(3) The letter must be addressed to the sheriff clerk and must include—

(a) the name and National Insurance number (if known) of the parties to the proceedings;

(b) the date, or approximate date, of the proceedings in which the Convention Maintenance Decision was made and the nature of those proceedings;

(c) the Contracting State in which the application for recognition or enforcement has been made or is to be made; and

(d) the postal address of the applicant.

Intimation of registration of, or refusal to register, a Convention Maintenance Decision S

5.51.— (1) Intimation of the registration of a Convention Maintenance Decision in accordance with Article 23 of the Convention shall be given by the sheriff clerk—

(a) to the payer, by sending an intimation in Form 73D; and

(b) to the payee, by sending a notice in Form 73E.

(2) Notice of a refusal to register a Convention Maintenance Decision shall be given by the sheriff clerk to the payee, by sending a notice in Form 73F.]

CHAPTER 6 S APPLICATIONS UNDER THE SOCIAL SECURITY ADMINISTRATION ACT 1992

Interpretation S

6.1  In this Chapter “the Act” means the Social Security Administration Act 1992(28) and, unless the context otherwise requires, expressions used in this Chapter which are also used in that Act shall have the meaning assigned to them by the Act.

Commencement Information

I105 Rule 6.1 in force at 1.4.1997, see rule 1.1(1)

Applications under section 106 of the Act S

6.2—(1) An application to the sheriff under section 106(1) of the Act (recovery of expenditure on benefit from person liable for maintenance) shall be by summary application.

(2) Where, in such an application, a sum is craved which represents or includes a personal allowance element, that element shall be identified in the application.

Commencement Information

I106 Rule 6.2 in force at 1.4.1997, see rule 1.1(1)

Transfer of rights under section 107 of the Act S

6.3—(1) The sheriff clerk, on receiving notice from the Secretary of State of a transfer of rights to an order by virtue of section 107(3) or (8) of the Act, shall endorse on the interlocutor sheet a certificate in Form 74.

(2) Where, following a transfer by virtue of section 107(3) or (8) of the Act, the dependent parent or the Secretary of State requests an extract of the order originally granted, the sheriff clerk shall issue an extract with a certified copy of the latest certificate referred to in paragraph (1) endorsed on it.

Commencement Information

I107 Rule 6.3 in force at 1.4.1997, see rule 1.1(1)

Notice to Secretary of State under section 108(5) of the Act S

6.4  The notice required to be given to the Secretary of State by the sheriff clerk under section 108(5) of the Act (notice of application to vary etc. a maintenance order), as read with regulation 3 of the Income Support (Liable Relatives) Regulations 1990(29)), shall–

(a) be in writing;

(b) specify any date assigned for the hearing of the application;

(c) be accompanied by a copy of the application; and

(d) be sent by recorded delivery post.

Commencement Information

I108 Rule 6.4 in force at 1.4.1997, see rule 1.1(1)

Notice to Secretary of State of making of maintenance order S

6.5  Where an order granted by the sheriff in favour of the Secretary of State under section 106(2) of the Act has been transferred to the dependent parent in accordance with section 107(3) of that Act and a maintenance order is subsequently granted by the sheriff in favour of the dependent relative, the sheriff clerk shall forthwith notify the Secretary of State in writing and by recorded delivery post of the granting of the maintenance order.

Commencement Information

I109 Rule 6.5 in force at 1.4.1997, see rule 1.1(1)

Rodger of Earlsferry

Lord President, IPD

Edinburgh

6th February 1997

Rule 1.2(3)

SCHEDULE 1 S

Commencement Information

I110 Sch. 1 in force at 1.4.1997, see rule 1.1(1)

Rule 2.5(1)

FORM 1 S APPLICATION FOR AN ORDER DECLARING A CHILD FREE FOR ADOPTION UNDER SECTION 18 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.6(1)

FORM 2 S FORM OF PARENTAL AGREEMENT UNDER SECTION 18(1)(a) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.6(1)

FORM 3 S FORM OF PARENTAL CONSENT UNDER SECTION 18(2) OF THE ADOPTION (SCOTLAND) ACT 1978

Rules 2.6(1) and 2.23(1)

FORM 4 S FORM OF CONSENT UNDER SECTION 12(8) OR 18(8) OF THE ADOPTION (SCOTLAND) ACT 1978

Rules 2.10(1) and 2.13(3)

FORM 5 S DECLARATION UNDER SECTION 18(6) OR SECTION 19(4) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.10(5)

FORM 6 S WITHDRAWAL OF DECLARATION UNDER SECTION 18(6) OR SECTION 19(4) OF THE ADOPTION (SCOTLAND) ACT 1978

Rules 2.11(2) and 2.28(3) and (4)

FORM 7 S FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 12 OR SECTION 18 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.15(1)

FORM 8 S APPLICATION TO REVOKE AN ORDER FREEING A CHILD FOR ADOPTION UNDER SECTION 20(1) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.19(1)

FORM 9 S APPLICATION (FOR LEAVE OF COURT) TO PLACE CHILD FOR ADOPTION UNDER SECTION 20(2) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.20

FORM 10 S FURTHER APPLICATION BY FORMER PARENT TO REVOKE AN ORDER FREEING A CHILD FOR ADOPTION UNDER SECTION 20(5) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.21(1)

F223 F224 F225 FORM 11 S PETITION FOR ADOPTION ORDER UNDER SECTION 12 OF THE ADOPTION (SCOTLAND) ACT 1978

Textual Amendments

F223 Sch. 1 Form 11: para. h. substituted (18.8.2006) by Act of Sederunt (Child Care and Maintenance Rules 1997) (Amendment) (Adoption and Children Act 2002) 2006 (S.S.I. 2006/411), paras. 1(1), 2(8)(a)(i)

F224 Sch. 1 Form 11: words “(*Delete as appropriate)” where they appear after para. i. omitted (18.8.2006) by virtue of Act of Sederunt (Child Care and Maintenance Rules 1997) (Amendment) (Adoption and Children Act 2002) 2006 (S.S.I. 2006/411), paras. 1(1), 2(8)(a)(ii)

F225 Sch. 1 Form 11: paras. l.-n. and words inserted (18.8.2006) by Act of Sederunt (Child Care and Maintenance Rules 1997) (Amendment) (Adoption and Children Act 2002) 2006 (S.S.I. 2006/411), paras. 1(1), 2(8)(a)(iii)

Rule 2.36C]

[F226 FORM 11A S PETITION FOR CONVENTION ADOPTION ORDER UNDER SECTION 17 OF THE ADOPTION (SCOTLAND) ACT 1978

Textual Amendments

F226 Sch. 1 Form 11A inserted (1.6.2003) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (1993 Hague Convention Adoption) 2003 (S.S.I. 2003/44), para. 1(1), sch.

Rule 2.21(1)

FORM 12 S PETITION FOR ADOPTION ORDER UNDER SECTION 49 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.23(1)

FORM 13 S FORM OF PARENTAL AGREEMENT UNDER SECTION [F227 16(1)(b)(i)] OF THE ADOPTION (SCOTLAND) ACT 1978

Textual Amendments

F227 Sch. 1 Form 13 heading: word substituted (18.8.2006) by Act of Sederunt (Child Care and Maintenance Rules 1997) (Amendment) (Adoption and Children Act 2002) 2006 (S.S.I. 2006/411), paras. 1(1), 2(8)(b)

Rule 2.23(1)

FORM 14 S FORM OF PARENTAL AGREEMENT UNDER 15(1)(aa) and [F228 16(1)(b)(i)] OF THE ADOPTION (SCOTLAND) ACT 1978

Textual Amendments

F228 Sch. 1 Form 14 heading: word substituted (18.8.2006) by Act of Sederunt (Child Care and Maintenance Rules 1997) (Amendment) (Adoption and Children Act 2002) 2006 (S.S.I. 2006/411), paras. 1(1), 2(8)(b)

Rule 2.36(3)

FORM 15 S FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 27, 28, 29 OR 30 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.38(1)

FORM 16 S APPLICATION FOR A PARENTAL RESPONSIBILITIES ORDER

Rule 2.38(2)

FORM 17 S FORM OF AGREEMENT OF RELEVANT PERSON UNDER SECTION 86 (2) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.42(2)

FORM 18 S FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 86 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.43(2)

FORM 19 S PARENTAL RESPONSIBILITIES ORDER Section 86 of the Children (Scotland) Act 1995

Rule 2.44(6)

FORM 20 S FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 86 (5) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.44(7)

FORM 21 S FORM OF DISCHARGE OR VARIATION OF PARENTAL RESPONSIBILITIES ORDER UNDER SECTION 86 (5) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.46(1)

F229 F230 F231 F232 [F233 FORM 22 S Form of petition for parental order under section 54 [F234 or 54A] of the Human Fertilisation and Embryology Act 2008]

Textual Amendments

F229 Sch. 1 Form 22 para. 7: words “who is not one of the petitioners” substituted for words “other than the female petitioner” (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 13(2)

F230 Sch. 1 Form 22: words “[or 54A]” inserted after “section 54” (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(a)(ii)

F231 Sch. 1 Form 22 crave 4: words “[or 54A]” inserted after “section 54” (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(a)(iii)

F232 Sch. 1 Form 22: words inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(a)(iv)

F233 Sch. 1 Forms 22-25 substituted (6.4.2010) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Human Fertilisation and Embryology Act 2008) 2010 (S.S.I. 2010/137), para. 1(1), sch.

F234 Sch. 1 Form 22 heading: words inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(a)(i)

Rule 2.48(1)

F235 [F233 FORM 23 S Form of agreement to a parental order under section 54(6) [F236 or 54A(5)] of the Human Fertilisation and Embryology Act 2008]

Textual Amendments

F235 Sch. 1 Form 23: words inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(b)(ii)

F236 Sch. 1 Form 23 heading: words inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(b)(i)

Rule 2.54(3)

F237 F238 F239 [F233 FORM 24 S Form of intimation of diet of the hearing of application for a parental order under section 54 [F240 or 54A] of the Human Fertilisation and Embryology Act 2008]

Textual Amendments

F237 Sch. 1 Form 24: words “or 54A” inserted after “section 54” (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(c)(ii)

F238 Sch. 1 Form 24: words “[or petitioner]” inserted after “the petitioners” (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(c)(iii)

F239 Sch. 1 Form 24: words inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(c)(iv)

F240 Sch. 1 Form 24 heading: words inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(7)(c)(i)

Rule 2.55(3)

[F233 FORM 25 S Form of intimation of diet of the hearing of application under sections 22(1) or 24 of the Human Fertilisation and Embryology Act 2008]

Rule 3.4(1)(a)

F241 F242 F243 FORM 26 S [F244 Notice to child of application for a Child Assessment Order under section 35 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F241 Sch. 1 Form 26: words “Court ref. no.:” substituted for words “CASE NUMBER” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(2)(a) (with para. 8)

F242 Sch. 1 Form 26: words “0800 328 8970” substituted for words “0800 317 500” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(2)(b) (with para. 8)

F243 Sch. 1 Form 26: words “9.30am and 4.00pm” substituted for words “9.00am and 5.00pm” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(2)(c) (with para. 8)

F244 Sch. 1 Form 26 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(2)(d) (with para. 8)

Rule 3.4(1)(b)

F245 F246 F247 FORM 27 S [F248 Notice to child of application to vary or terminate a Child Protection Order – section 48 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F245 Sch. 1 Form 27: words “Court ref. no.:” substituted for words “CASE NUMBER” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(3)(a) (with para. 8)

F246 Sch. 1 Form 27: words “0800 328 8970” substituted for words “0800 317 500” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(3)(b) (with para. 8)

F247 Sch. 1 Form 27: words “9.30am and 4.00pm” substituted for words “9.00am and 5.00pm” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(3)(c) (with para. 8)

F248 Sch. 1 Form 27 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(3)(d) (with para. 8)

Rule 3.4(1)(c)

F249 F250 F251 FORM 28 S NOTICE TO CHILD OF APPLICATION FOR AN EXCLUSION ORDERSECTION 76 OF THE CHILDREN (SCOTLAND) ACT 1995.

Textual Amendments

F249 Sch. 1 Form 28: words “Court ref. no.:” substituted for words “CASE NUMBER” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(4)(a) (with para. 8)

F250 Sch. 1 Form 28: words "0800 328 8970" substituted for words “0800 317 500” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(4)(b) (with para. 8)

F251 Sch. 1 Form 28: words “9.30am and 4.00pm” substituted for words “9.00am and 5.00pm” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(4)(c) (with para. 8)

Rule 3.4(1)(d)

F252 F253 F254 FORM 29 S NOTICE TO CHILD OF APPLICATION TO VARY AN EXCLUSION ORDERSECTION 79(3) OF THE CHILDREN (SCOTLAND) ACT 1995.

Textual Amendments

F252 Sch. 1 Form 29: words “Court ref. no.:” substituted for words “CASE NUMBER” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(5)(a) (with para. 8)

F253 Sch. 1 Form 29: words “0800 328 8970” substituted for words “0800 317 500” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(5)(b) (with para. 8)

F254 Sch. 1 Form 29: words “9.30am and 4.00pm” substituted for words “9.00am and 5.00pm” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(5)(c) (with para. 8)

Rule 3.4(1)(e)

F255 FORM 30 S NOTICE TO CHILD OF APPLICATION FOR A FURTHER DETENTION WARRANTSECTION 67 OF THE CHILDREN (SCOTLAND) ACT 1995.

Textual Amendments

F255 Sch. 1 Form 30 revoked (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(44)(a) (with para. 8)

F255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 3.4(1)(f)

[F256 FORM 31 S CITATION OF CHILD IN APPLICATION UNDER SECTION 93(2)(a) or 94(2)(a) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011 (NO PROCEDURAL HEARING FIXED)]

Textual Amendments

F256 Sch. 1 Forms 31, 31A, 31B substituted for Sch. 1 Form 31 (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(6), sch. (with para. 8)

Rule 3.4(1)(g)

[F256 FORM 31A S CITATION OF CHILD IN APPLICATION UNDER 94(2)(a) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011 (PROCEDURAL HEARING FIXED)]

Rule 3.4(1)(h)

[F256 FORM 31B S NOTICE TO CHILD OF APPLICATION FOR REVIEW OF GROUNDS DETERMINATION UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Rule 3.11

F257 F258 F259 F260 F261 FORM 32 S FORM OF FIRST ORDER UNDER THE CHILDREN (SCOTLAND) ACT 1995

Textual Amendments

F257 Sch. 1 Form 32: words “Court ref. no.:” inserted after the title (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(7)(a) (with para. 8)

F258 Sch. 1 Form 32: words “SECTION 55 (Application for Child Assessment Order),” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(7)(b)(i) (with para. 8)

F259 Sch. 1 Form 32: words “SECTION 60 (Application to vary or set aside Child Protection Order),” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(7)(b)(ii) (with para. 8)

F260 Sch. 1 Form 32: words “SECTION 67 (Application for warrant for further detention of child)” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(7)(b)(iii) (with para. 8)

F261 Sch. 1 Form 32 Note: words “of the Children (Scotland) Act 1995” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(7)(c) (with para. 8)

Rule 3.11

[F262 FORM 32A S Form of First Order under the Children's Hearings (Scotland) Act 2011]

Textual Amendments

F262 Sch. 1 Form 32A inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(8), sch. (with para. 8)

Rule 3.11

F263 F264 F265 F266 FORM 33 S [F267 Form of warrant to cite child and to give notice/intimate to relevant person(s), curator ad litem and safeguarder in applications under section 93(2)(a) or 94(2)(a) of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F263 Sch. 1 Form 33: words “Court ref. no.:” inserted after the title (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(9)(a) (with para. 8)

F264 Sch. 1 Form 33 para. 1: words “*[and fixes a procedural hearing to take place on [insert date] at [insert time] within [name court] in chambers at [place]]” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(9)(b) (with para. 8)

F265 Sch. 1 Form 33 para. 2: words “(within the meaning of Rule 3.1(1))” inserted after “insert name of relevant person or persons” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(9)(c)(i) (with para. 8)

F266 Sch. 1 Form 33 para. 2: words “[CD] (name and design) the safeguarder *[and [EF] (name and design) the curator ad litem]” substituted for words “[AB] (name and design) the safeguarder appointed by the sheriff” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(9)(c)(ii) (with para. 8)

F267 Sch. 1 Form 33 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(9)(d) (with para. 8)

Rule 3.12(1)(a)

F268 F269 FORM 34 S [F270 Notice of application for a Child Assessment Order to a person named in an application under section 35(1) of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F268 Sch. 1 Form 34: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(10)(a) (with para. 8)

F269 Sch. 1 Form 34: words “under section 35 of the Children’s Hearings (Scotland) Act 2011” substituted for words “under section 55 of the Children (Scotland) Act 1995” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(10)(b) (with para. 8)

F270 Sch. 1 Form 34 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(10)(c) (with para. 8)

Rule 3.12(1)(b)

F271 F272 F273 FORM 35 S [F274 Notice of application to vary or terminate a Child Protection Order to person named in application under section 48 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F271 Sch. 1 Form 35: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(11)(a) (with para. 8)

F272 Sch. 1 Form 35: word “terminate” substituted for word “recall” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(11)(b) (with para. 8)

F273 Sch. 1 Form 35: words “section 48 of the Children’s Hearings (Scotland) Act 2011” substituted for words “section 60 of the Children (Scotland) Act 1995” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(11)(c) (with para. 8)

F274 Sch. 1 Form 35 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(11)(d) (with para. 8)

Rule 3.12(1)(c)

F275 FORM 36 S NOTICE OF APPLICATION FOR AN EXCLUSION ORDER TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

Textual Amendments

F275 Sch. 1 Form 36: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(12) (with para. 8)

Rule 3.12(1)(d)

F276 FORM 37 S NOTICE OF APPLICATION TO VARY OR RECALL AN EXCLUSION ORDER TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

Textual Amendments

F276 Sch. 1 Form 37: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(13) (with para. 8)

Rule 3.12(1)(e)

F277 FORM 38 S NOTICE OF APPLICATION FOR FURTHER DETENTION OF CHILD TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

Textual Amendments

F277 Sch. 1 Form 38 revoked (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(44)(b) (with para. 8)

F277 . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 3.12(1)(f)

F278 F279 FORM 39 S [F280 Notice to relevant person in application under section 93(2)(a) or 94(2)(a) of the Children’s Hearings (Scotland) Act 2011 (no procedural hearing)]

Textual Amendments

F278 Sch. 1 Form 39: words “Court ref. no.:” inserted after the title (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(14)(a) (with para. 8)

F279 Sch. 1 Form 39: words “(within the meaning of Rule 3.1(1))” inserted after “of relevant person” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(14)(b) (with para. 8)

F280 Sch. 1 Form 39 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(14)(c) (with para. 8)

Rule 3.12(1)(g)]

[F281 FORM 39A S Notice to relevant person in application under section 94(2)(a) of the Children's Hearings (Scotland) Act 2011 (procedural hearing fixed)

Textual Amendments

F281 Sch. 1 Form 39A inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(15), sch. (with para. 8)

Rule 3.12(2)

F282 F283 F284 F285 F286 F287 FORM 40 S [F288 Notice to safeguarder/curator ad litem in application under section 93(2)(a) or 94(2)(a) of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F282 Sch. 1 Form 40: words “Court ref. no.:” inserted after the title (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(16)(a) (with para. 8)

F283 Sch. 1 Form 40: words “and/or curator ad litem” inserted after word “safeguarder” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(16)(b) (with para. 8)

F284 Sch. 1 Form 40: words “evidence in respect of” inserted after words “hearing of” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(16)(c) (with para. 8)

F285 Sch. 1 Form 40: words “*(In addition, a procedural hearing has been fixed to take place on [insert date] at [insert time] within [name court] in chambers at [place])” inserted after the line “Time of hearing” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(16)(d) (with para. 8)

F286 Sch. 1 Form 40: words “rules 3.6 to 3.9 of the” substituted for words “rules 3.6 - 3.10” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(16)(e) (with para. 8)

F287 Sch. 1 Form 40: words “(*delete as appropriate)” inserted at the end (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(16)(f) (with para. 8)

F288 Sch. 1 Form 40 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(16)(g) (with para. 8)

Rule 3.14(2)

F289 F290 FORM 41 S [F291 Citation of witness or haver under the Children’s Hearings (Scotland) Act 2011 or the Children (Scotland) Act 1995]

Textual Amendments

F289 Sch. 1 Form 41: words “Court ref. no.:” inserted after the title (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(17)(a) (with para. 8)

F290 Sch. 1 Form 41: words “determination of whether the section 67 grounds in the case of [insert name of child] are established” substituted for words “finding as to grounds for the referral of the case of [name of child] to a children’s hearing]” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(17)(b) (with para. 8)

F291 Sch. 1 Form 41 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(17)(c) (with para. 8)

[F296 Rule 3.14(3)]

F292 F293 [F294 FORM 42] S [F295 Certificate of execution of citation under the Children’s Hearings (Scotland) Act 2011 or the Children (Scotland) Act 1995]

Textual Amendments

F292 Sch. 1 Form 42: words “Court ref. no.:” inserted after the title (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(19)(c) (with para. 8)

F293 Sch. 1 Form 42: each reference to “post office” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(19)(d) (with para. 8)

F294 Sch. 1 Form 43 renumbered as Sch. 1 Form 42 (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(19)(a) (with para. 8)

F295 Sch. 1 Form 42 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(19)(e) (with para. 8)

F296 Words in Sch. 1 Form 42 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(19)(b) (with para. 8)

[F301 Rule 3.17(1)]

F297 F298 [F299 FORM 43] S [F300 Certificate of execution of service under the Children’s Hearings (Scotland) Act 2011 or the Children (Scotland) Act 1995]

Textual Amendments

F297 Sch. 1 Form 43: words “Court ref. no.:” inserted after the title (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(18)(c) (with para. 8)

F298 Sch. 1 Form 43: each reference to “post office” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(18)(d) (with para. 8)

F299 Sch. 1 Form 42 renumbered as Sch. 1 Form 43 (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(18)(a) (with para. 8)

F300 Sch. 1 Form 43 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(18)(e) (with para. 8)

F301 Words in Sch. 1 Form 43 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(18)(b) (with para. 8)

Rule 3.22(3)(a)

[F302 FORM 44A S Application for authorisation of the giving of evidence by a witness or party by means of a live link]

Textual Amendments

F302 Sch. 1 Forms 44A, 44B substituted for Sch. 1 Form 44 (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(20), sch. (with para. 8)

Rule 3.22(3)(b)

[F302 FORM 44B S Application for authorisation of the making of a submission by means of a live link]

Rule 3.26

F303 F304 F305 F306 F307 F308 F307 F309 F310 F311 F312 F313 F314 F315 FORM 45 S [F316 Application for a Child Assessment Order under section 35 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F303 Sch. 1 Form 45: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(a) (with para. 8)

F304 Sch. 1 Form 45: before Part 1 words “section 35 of the Children’s Hearings (Scotland) Act 2011)” substituted for words “section 55 of the Children (Scotland) Act 1995” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(b) (with para. 8)

F305 Sch. 1 Form 45 Pt. 1: words “Rule 3.1(1)” substituted for words “section 93(2)(b) of the Act” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(c)(i) (with para. 8)

F306 Sch. 1 Form 45 Pt. 1: in the entry for “SAFEGUARDER” words “appointed by a children’s hearing or court in respect of the child” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(c)(ii) (with para. 8)

F307 Sch. 1 Form 45 Pt. 3: words “section 35(2)” substituted for words “section 55(3)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(d)(i) (with para. 8)

F308 Sch. 1 Form 45 Pt. 1: in the entry for “PRINCIPAL REPORTER” word “name,” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(c)(iii) (with para. 8)

F309 Sch. 1 Form 45 Pt. 3 para. (a): substituted with words “The type of assessment is [provide details of the type of assessment that is sought including information on the child’s health or development or the way in which the child has been or is being treated or neglected].” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(d)(ii) (with para. 8)

F310 Sch. 1 Form 45 Pt. 3: at the end of para. (b) words “(which must be no later than 24 hours after the order is granted).” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(d)(iii) (with para. 8)

F311 Sch. 1 Form 45: at the end of para. (c) words “(which must not exceed the maximum period of 3 days).” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(d)(iv) (with para. 8)

F312 Sch. 1 Form 45 Pt. 3: words “section 35(3)” substituted for words “section 55(4) or (5)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(d)(v) (with para. 8)

F313 Sch. 1 Form 45 Pt. 3: words “section 35(3)(b)” substituted for words “section 55(4)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(d)(vi) (with para. 8)

F314 Sch. 1 Form 45 Pt. 3: words “at that place or any other place for [specify period]” substituted for words “there for [insert number of days] days” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(d)(vii) (with para. 8)

F315 Sch. 1 Form 45 Pt. 3: words “section 35(3)(c)” substituted for words “section 55(5)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(d)(viii) (with para. 8)

F316 Sch. 1 Form 45 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(21)(e) (with para. 8)

Rule 3.27(2)

F317 F318 F319 F320 F321 F322 F323 FORM 46 S [F324 Child Assessment Order under section 35 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F317 Sch. 1 Form 46: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(22)(a) (with para. 8)

F318 Sch. 1 Form 46: words “This order has effect from [insert time and date (to be no later than 24 hours after the order is granted)] until [insert time and date (not exceeding 3 days from time the order took effect)].” substituted for words “The assessment is to begin on [insert date] and shall have effect for [insert number of days] from that date.” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(22)(b) (with para. 8)

F319 Sch. 1 Form 46: words “In terms of section 35(3)(b) the sheriff permits the child to be taken to [insert details of the place] for the purpose of the assessment, and authorises the child to be kept at that place or any other place for [specify period].” substituted for words “In terms of section 55(4) the sheriff permits the child to be taken to [insert details of the place] for the purpose of the assessment, and authorises the child to be kept there for [insert number of days] days” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(22)(c) (with para. 8)

F320 Sch. 1 Form 46: words “section 35(3)(c)” substituted for words “section 55(5)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(22)(d) (with para. 8)

F321 Sch. 1 Form 46: words substituted for the paragraph starting “For the purpose of enforcing this order warrant etc.” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(22)(e) (with para. 8)

F322 Sch. 1 Form 46 signing provisions: word “Sheriff” substituted for words “Sheriff at” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(22)(f)(i) (with para. 8)

F323 Sch. 1 Form 46 signing provisions: line “Time………………………………………” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(22)(f)(ii) (with para. 8)

F324 Sch. 1 Form 46 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(22)(g) (with para. 8)

Rule 3.30

F325 F326 F327 F328 F329 F330 F331 F332 F333 F334 F335 F336 F337 F338 FORM 47 S [F339 Application for a Child Protection Order by local authority under section 37 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F325 Sch. 1 Form 47: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(a) (with para. 8)

F326 Sch. 1 Form 47: words “section 37(1) of the Children’s Hearings (Scotland) Act 2011” substituted for words “section 57(2) of the Children (Scotland) Act 1995” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(b) (with para. 8)

F327 Sch. 1 Form 47 Pt. 1: words “Rule 3.1(1)” substituted for words “section 93(2)(b) of the Act” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(c)(i) (with para. 8)

F328 Sch. 1 Form 47 Pt. 1: in the entry for “SAFEGUARDER” words “appointed by a children’s hearing or court in respect of the child” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(c)(ii) (with para. 8)

F329 Sch. 1 Form 47 Pt 1: in the entry for “THE PRINCIPAL REPORTER” word “name,” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(c)(iii) (with para. 8)

F330 Sch. 1 Form 47 Pt. 2: words “sections 38(2) and 39(2)” substituted for words “sections 57(1) and (2)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(d) (with para. 8)

F331 Sch. 1 Form 47 Pt. 3: words “*TERMS AND CONDITIONS TO BE ATTACHED TO ORDER” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(e)(i) (with para. 8)

F332 Sch. 1 Form 47 Pt. 3: words “section 37” substituted for words “section 57(4)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(e)(ii) (with para. 8)

F333 Sch. 1 Form 47 Pt. 3: words “including details of the specified person (if appropriate)” inserted after words “insert details of the order sought” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(e)(iii) (with para. 8)

F334 Sch. 1 Form 47 Pt. 3: words “section 42(1)” substituted for words “section 58(4) or (5)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(e)(iv) (with para. 8)

F335 Sch. 1 Form 47 Pt. 3: words substituted for words “*ANY OTHER ORDER(S)” to “service of restricted documents on child.]” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(e)(v) (with para. 8)

F336 Sch. 1 Form 47 Pt. 3 heading becomes “DETAILS OF ORDER AND DIRECTION(S) ETC. SOUGHT” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(e)(vi) (with para. 8)

F337 Sch. 1 Form 47 Pt. 4 para. (a): words “including any authorisation, requirement or direction set out in Part 3 of the application.” substituted for words “on the terms and conditions” to the end (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(f)(i) (with para. 8)

F338 Sch. 1 Form 47 Pt. 4 para. (b)(ii): word “other” inserted after word “the” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(f)(ii) (with para. 8)

F339 Sch. 1 Form 47 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(23)(g) (with para. 8)

Rule 3.30

F340 F341 F342 F343 F344 F345 F346 F347 F348 F349 F350 F351 F352 F353 FORM 48 S [F354 Application for a Child Protection Order (other than by local authority) under section 37 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F340 Sch. 1 Form 48: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(a) (with para. 8)

F341 Sch. 1 Form 48: words “section 37(1) of the Children’s Hearings (Scotland) Act 2011” substituted for words “section 57(1) of the Children (Scotland) Act 1995” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(b) (with para. 8)

F342 Sch. 1 Form 48 Pt. 1: words “Rule 3.1(1)” substituted for words “section 93(2)(b) of the Act” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(c)(i) (with para. 8)

F343 Sch. 1 Form 48 Pt. 1: in the entry for “SAFEGUARDER” words “appointed by a children’s hearing or court in respect of the child” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(c)(ii) (with para. 8)

F344 Sch. 1 Form 48 Pt. 1: in the entry for “PRINCIPAL REPORTER” word “name,” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(c)(iii) (with para. 8)

F345 Sch. 1 Form 48 Pt. 2: words “section 39(2)” substituted for words “section 57(1)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(d) (with para. 8)

F346 Sch. 1 Form 48 Pt. 3: words “*TERMS AND CONDITIONS TO BE ATTACHED TO ORDER” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(e)(i) (with para. 8)

F347 Sch. 1 Form 48 Pt. 3: words “section 37” substituted for words “section 57(4)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(e)(ii) (with para. 8)

F348 Sch. 1 Form 48 Pt. 3: words “including details of the specified person (if appropriate)” inserted after words “insert details of the order sought” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(e)(iii) (with para. 8)

F349 Sch. 1 Form 48 Pt. 3: words “section 42(1)” substituted for words “section 58(4) or (5)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(e)(iv) (with para. 8)

F350 Sch. 1 Form 48 Pt. 3: words substituted for the words “*ANY OTHER ORDER(S)” to “service of restricted documents on child.]” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(e)(v) (with para. 8)

F351 Sch. 1 Form 48 Pt. 3 heading becomes “DETAILS OF ORDER AND DIRECTION(S) ETC. SOUGHT” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(f) (with para. 8)

F352 Sch. 1 Form 48 Pt. 4 para. (a): words “including any authorisation, requirement or direction set out in Part 3 of the application.” substituted for words “on the terms and conditions” to the end (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(g)(i) (with para. 8)

F353 Sch. 1 Form 48 Pt. 4 para. (b)(ii): word “other” inserted after word “the” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(g)(ii) (with para. 8)

F354 Sch. 1 Form 48 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(24)(h) (with para. 8)

Rule 3.31(2)

F355 F356 F357 F358 F359 F360 F361 F362 F363 F364 F365 F366 FORM 49 S [F367 Child Protection Order under section 37 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F355 Sch. 1 Form 49: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(a) (with para. 8)

F356 Sch. 1 Form 49: words “unless an information non-disclosure direction made” substituted for words “unless order made re non disclosure” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(b) (with para. 8)

F357 Sch. 1 Form 49: words “TERMS AND CONDITIONS” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(c) (with para. 8)

F358 Sch. 1 Form 49: words “to a specified person [insert name and address of the specified person]” substituted for words “to the applicant [insert name and address of the applicant]” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(d) (with para. 8)

F359 Sch. 1 Form 49: words “by the specified person” substituted for words “by the applicant” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(e) (with para. 8)

F360 Sch. 1 Form 49: para. starting “*The sheriff orders that the locality of the place of safety” substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(f) (with para. 8)

F361 Sch. 1 Form 49: words inserted under the heading “DIRECTIONS” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(g) (with para. 8)

F362 Sch. 1 Form 49: words “section 41” substituted for words “section 58(1) and (2)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(h) (with para. 8)

F363 Sch. 1 Form 49: words “section 42” substituted for words “section 58(4), (5) or (6)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(i) (with para. 8)

F364 Sch. 1 Form 49: para. starting “For the purpose of enforcing this order” substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(j) (with para. 8)

F365 Sch. 1 Form 49: in the signing provisions word “Sheriff” substituted for words “Sheriff at” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(k)(i) (with para. 8)

F366 Sch. 1 Form 49: in the signing provisions line “Time………………………………………” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(k)(ii) (with para. 8)

F367 Sch. 1 Form 49 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(25)(l) (with para. 8)

Rule 3.32(A)

F368 F369 F370 F371 F372 FORM 50 S [F373 Notice of Child Protection Order to a child in terms of section 37 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F368 Sch. 1 Form 50: words “Court ref. no.:” inserted after “ARRANGEMENTS TO KEEP YOU SAFE” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(26)(a) (with para. 8)

F369 Sch. 1 Form 50: words “order or any authorisation, requirement or direction” substituted for words “order or any directions” on each occasion (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(26)(b) (with para. 8)

F370 Sch. 1 Form 50: words “0800 328 8970” substituted for words “0800 317 500” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(26)(c) (with para. 8)

F371 Sch. 1 Form 50: words “9.30am and 4.00pm” substituted for words “9.00am and 5.00pm” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(26)(d) (with para. 8)

F372 Sch. 1 Form 50: words “[a copy of the application which was made to the court (delete if appropriate)]” substituted for words “a copy of the application which was made to the court” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(26)(e) (with para. 8)

F373 Sch. 1 Form 50 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(26)(f) (with para. 8)

Rule 3.32(b)

F374 F375 F376 F377 FORM 51 S [F378 Notice of Child Protection Order to a named person under section 37 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F374 Sch. 1 Form 51: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(27)(a) (with para. 8)

F375 Sch. 1 Form 51: words “section 37 of the Children’s Hearings (Scotland) Act 2011” substituted for words “section 57 of the Children (Scotland) Act 1995” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(27)(b) (with para. 8)

F376 Sch. 1 Form 51: words “ORDER AND ANY AUTHORISATION, REQUIREMENT OR DIRECTION” substituted for words “ORDER AND ANY DIRECTIONS” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(27)(c) (with para. 8)

F377 Sch. 1 Form 51: words “SECTION 59 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011” substituted for words “SECTION 81 OF THE CHILDREN (SCOTLAND) ACT 1995” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(27)(d) (with para. 8)

F378 Sch. 1 Form 51 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(27)(e) (with para. 8)

Rule 3.33(1)

F379 F380 F381 F382 F383 F384 F385 F386 F387 F388 F389 F390 FORM 52 S [F391 Application to vary or terminate a Child Protection Order under section 48 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F379 Sch. 1 Form 52: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(a) (with para. 8)

F380 Sch. 1 Form 52: words “or terminate a Child Protection Order under section 48 of the Children’s Hearings (Scotland) Act 2011” substituted for words “or recall a Child Protection Order under section 60(7) of the Children (Scotland) Act 1995” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(b) (with para. 8)

F381 Sch. 1 Form 52 Pt. 1: in the entry for “SAFEGUARDER” words “appointed by a children’s hearing or court in respect of the child” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(c)(i) (with para. 8)

F382 Sch. 1 Form 52 Pt. 1: in the entry for “THE PRINCIPAL REPORTER” word “name,” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(c)(ii) (with para. 8)

F383 Sch. 1 Form 52 Pt. 1: words “Rule 3.1(1)” substituted for words “section 93(2)(b) of the Act” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(c)(iii) (with para. 8)

F384 Sch. 1 Form 52 Pt. 1: words inserted after the entry for “RELEVANT PERSON” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(c)(iv) (with para. 8)

F385 Sch. 1 Form 52 Pt. 1: words “any person who applied for the child protection order or any person specified in the order under section 37(2)(a), unless the person is the applicant” inserted after words “at the time of the application being made,” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(c)(v) (with para. 8)

F386 Sch. 1 Form 52 Pt. 2: words “order, including any authorisation, requirement or direction” substituted for words “order and conditions” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(d)(i) (with para. 8)

F387 Sch. 1 Form 52 Pt. 2: words “ORDER(S), INCLUDING ANY AUTHORISATION, REQUIREMENT OR DIRECTION THE VARIATION OR TERMINATION OF WHICH ARE SOUGHT” substituted for words “ORDER(S) OR CONDITIONS THE VARIATION OR RECALL OF WHICH ARE SOUGHT” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(d)(ii) (with para. 8)

F388 Sch. 1 Form 52 Pt. 2: word “termination” substituted for words “setting aside” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(d)(iii) (with para. 8)

F389 Sch. 1 Form 52 Pt. 3 para. (b)(iv): word “other” inserted after word “The” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(e)(i) (with para. 8)

F390 Sch. 1 Form 52 Pt. 3: word “terminate” substituted for word “recall” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(e)(ii) (with para. 8)

F391 Sch. 1 Form 52 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(28)(f) (with para. 8)

Rule 3.33(5)

F392 F393 F394 F395 F396 F397 F398 F399 F400 F401 F402 F403 FORM 53 S [F404 Variation or termination of Child Protection Order under section 48 of the Children’s Hearings (Scotland) Act 2011]

Textual Amendments

F392 Sch. 1 Form 53: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(a) (with para. 8)

F393 Sch. 1 Form 53: word “terminate” substituted for word “recall” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(b) (with para. 8)

F394 Sch. 1 Form 53: words “AUTHORISATIONS, REQUIREMENTS AND DIRECTIONS” substituted for words “TERMS AND CONDITIONS” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(c) (with para. 8)

F395 Sch. 1 Form 53: words “to the specified person [insert name and address of the specified person]” substituted for words “to the applicant [insert name and address of the applicant]” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(d) (with para. 8)

F396 Sch. 1 Form 53: words “by the specified person” substituted for words “by the applicant” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(e) (with para. 8)

F397 Sch. 1 Form 53: para. starting “*The locality of the place of safety” substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(f) (with para. 8)

F398 Sch. 1 Form 53: words inserted under the heading “DIRECTIONS” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(g) (with para. 8)

F399 Sch. 1 Form 53: words “section 41 the sheriff gives” substituted for words “section 58(1) and (2) the sheriff has given” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(h) (with para. 8)

F400 Sch. 1 Form 53: words “section 42 the sheriff gives” substituted for words “section 58(4), (5) or (6) the sheriff has given” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(i) (with para. 8)

F401 Sch. 1 Form 53: para. starting “For the purpose of enforcing any of these orders” substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(j) (with para. 8)

F402 Sch. 1 Form 53: in the signing provisions word “Sheriff” substituted for words “Sheriff at” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(k)(i) (with para. 8)

F403 Sch. 1 Form 53: in the signing provisions line “Time………………………………………” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(k)(ii) (with para. 8)

F404 Sch. 1 Form 53 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(29)(l) (with para. 8)

Rule 3.35

F405 F406 F407 FORM 54 S APPLICATION FOR EXCLUSION ORDER BY LOCAL AUTHORITY

Textual Amendments

F405 Sch. 1 Form 54: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(30)(a) (with para. 8)

F406 Sch. 1 Form 54: words “Rule 3.1(1)” substituted for words “section 93(2)(b) of the Act” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(30)(b) (with para. 8)

F407 Sch. 1 Form 54: in the entry for “THE PRINCIPAL REPORTER” words “name and” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(30)(c) (with para. 8)

Rule 3.37(2)

F408 F409 F410 FORM 55 S EXCLUSION ORDER

Textual Amendments

F408 Sch. 1 Form 55: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(31)(a) (with para. 8)

F409 Sch. 1 Form 55: in the signing provisions word “Sheriff” substituted for words “Sheriff at” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(31)(b)(i) (with para. 8)

F410 Sch. 1 Form 55: in the signing provisions line “Time………………………………………” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(31)(b)(ii) (with para. 8)

Rule 3.38(1) and (2)

F411 F412 F413 FORM 56 S CERTIFICATE OF DELIVERY TO THE CHIEF CONSTABLE

Textual Amendments

F411 Sch. 1 Form 56: words “the chief constable of the Police Service of Scotland” substituted for words “(insert name and address) Chief Constable of (insert name of constabulary)” (27.5.2013) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2013 (S.S.I. 2013/135), paras. 1(1), 5(2)

F412 Sch. 1 Form 56: words “Court ref. no.:” inserted after the title (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(32)(a) (with para. 8)

F413 Sch. 1 Form 56: words “the chief constable of the Police Service of Scotland” substituted for words “(insert name and address) Chief Constable of (insert name of constabulary)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(32)(b) (with para. 8)

Rule 3.40(1)

F414 F415 F416 FORM 57 S APPLICATION TO VARY OR RECALL AN EXCLUSION ORDER

Textual Amendments

F414 Sch. 1 Form 57: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(33)(a) (with para. 8)

F415 Sch. 1 Form 57: words inserted after the entry for “APPROPRIATE PERSON(S)” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(33)(b) (with para. 8)

F416 Sch. 1 Form 57: in the entry for “THE PRINCIPAL REPORTER” word “name,” omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(33)(c) (with para. 8)

Rule 3.40(3)

F417 F418 F419 FORM 58 S VARIATION OF EXCLUSION ORDER

Textual Amendments

F417 Sch. 1 Form 58: words “Court ref. no.:” substituted for words “Case No” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(34)(a) (with para. 8)

F418 Sch. 1 Form 58: in the signing provisions word “Sheriff” substituted for words “Sheriff at” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(34)(b)(i) (with para. 8)

F419 Sch. 1 Form 58: in the signing provisions line “Time………………………………………” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(34)(b)(ii) (with para. 8)

Rule 3.42

F420 FORM 59 S APPLICATION BY PRINCIPAL REPORTER FOR FURTHER DETENTION OF CHILD

Textual Amendments

F420 Sch. 1 Form 59 revoked (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(44)(c) (with para. 8)

F420 . . . . . . . . . . . . . . . . . . . . . . . . .

Rule 3.45(1)

[F421 FORM 60 S FORM OF APPLICATION TO SHERIFF UNDER SECTION 93(2)(a) OR 94(2)(a) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Textual Amendments

F421 Sch. 1 Form 60 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), para. 1(1), sch. (with para. 8)

Rule 3.53(1B)(a)

[F422 FORM 61 S APPEAL TO SHERIFF UNDER SECTION 154(1) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Textual Amendments

F422 Sch. 1 Form 61 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), para. 1(1), sch. (with para. 8)

Rule 3.53(1B)(b)

[F423 FORM 62 S APPEAL TO SHERIFF UNDER SECTION 160(1) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Textual Amendments

F423 Sch. 1 Form 62 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), para. 1(1), sch. (with para. 8)

Rule 3.53(1B)(c)

[F424 FORM 63 S APPEAL TO SHERIFF UNDER SECTION 161(1) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Textual Amendments

F424 Sch. 1 Forms 63, 63A substituted for Sch. 1 Form 63 (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172)), para. 1(1), sch. (with para. 8)

Rule 3.53(1B)(c)

[F424 FORM 63A S APPEAL TO SHERIFF UNDER SECTION 162(3) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Rule 3.54(3)

[F425 FORM 64 S INTIMATION TO CHILD IN RESPECT OF APPEALS TO THE SHERIFF UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Textual Amendments

F425 Sch. 1 Forms 64, 64A, 64B substituted for Sch. 1 Form 64 (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), para. 1(1), sch. (with para. 8)

Rule 3.58A(2)

[F425 FORM 64A S FORM OF APPLICATION UNDER SECTION 166(2) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Rule 3.58B(1)

[F425 FORM 64B S APPLICATION UNDER SECTION 166(2) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011FORM OF WARRANT TO CITE]

Rule 3.58C(1)(a)

[F426 FORM 64C S APPEAL TO SHERIFF UNDER SECTION 44A OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995

Textual Amendments

F426 Sch. 1 Forms 64C, 64D inserted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(10)(a), sch.

Rule 3.58D(4)]

FORM 64D S INTIMATION TO CHILD IN RESPECT OF APPEAL TO SHERIFF UNDER SECTION 44A OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995

Rule 3.63(1)

F427 F428 F429 F430 F431 F432 FORM 65 S [F433 Application under section 110 of the Children’s Hearings (Scotland) Act 2011: Form of warrant to cite Principal Reporter]

Textual Amendments

F427 Sch. 1 Form 65: words “Court ref. no.:” inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(37)(a) (with para. 8)

F428 Sch. 1 Form 65 para. 2: word “Applicant” substituted for word “Appellant” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(37)(b) (with para. 8)

F429 Sch. 1 Form 65 para. 3: word “Applicant” substituted for word “Appellant” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(37)(c)(i) (with para. 8)

F430 Sch. 1 Form 65 para. 3(i): words “(within the meaning of Rule 3.1(1) (if not the Applicant))” inserted after words “relevant person or persons” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(37)(c)(ii) (with para. 8)

F431 Sch. 1 Form 65: words “[YZ] (name and design) any curator ad litem” inserted as para. 3(iia) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(37)(c)(iii) (with para. 8)

F432 Sch. 1 Form 65: words “[CD]* (insert name of child (if not the Applicant))” inserted as para. 3(iv) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(37)(c)(iv) (with para. 8)

F433 Sch. 1 Form 65 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(37)(d) (with para. 8)

Rule 3.64A(1)

F434 [F435 FORM 65A S INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Textual Amendments

F434 Sch. 1 Form 65A para. 2(d) substituted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), paras. 1(2), 5(3)

F435 Sch. 1 Forms 65A-65E inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172)), para. 1(1), sch. (with para. 8)

Rule 3.64A

[F435 FORM 65B S NOTICE TO CHILD OF AN INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Rule 3.64A(2)

[F435 FORM 65C S APPLICATION TO EXTEND OR EXTEND AND VARY AN INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Rule 3.64A(3)

[F435 FORM 65D S APPLICATION TO FURTHER EXTEND OR FURTHER EXTEND AND VARY AN INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Rule 3.64A(6)

[F435 FORM 65E S NOTICE OF INTIMATION OF AN INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011]

Rule 5.19(1)

FORM 66 S

Rule 5.20(1) AND 5.29(1)

FORM 67 S MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ACT 1972

Rule 5.24(1)(b)

FORM 68 S FORM OF DECLARATION

Rule 5.34(1)(a)

F436 FORM 69 S NOTICE OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN THE REPUBLIC OF IRELAND

Textual Amendments

F436 Sch. 1 Form 69 Form omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(a) (with para. 10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules 5.34(1)(b) and 5.36(1)(b)

F437 F438 F439 FORM 70 S [F440 Notice of registration for the purposes of enforcement in Scotland of a maintenance order made in a Hague Convention Country]

Textual Amendments

F437 Sch. 1 Form 70: words “in the Maintenance Orders Register” substituted for words “of the Maintenance Orders (Reciprocal Enforcement) Act 1972 Registers” (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(b)(i) (with para. 10)

F438 Sch. 1 Form 70: words “Republic of Ireland or” omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(b)(ii) (with para. 10)

F439 Sch. 1 Form 70: words “as the case may be” omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(b)(iii) (with para. 10)

F440 Sch. 1 Form 70 heading substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(b)(iv) (with para. 10)

Rules 5.34(2) and 5.36(2)

F441 F442 F443 FORM 71 S [F444 Notice of a decision not to register, for the purposes of the enforcement in Scotland, a Maintenance Order made in a Hague Convention Country]

Textual Amendments

F441 Sch. 1 Form 71: words “Republic of Ireland or” omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(c)(i) (with para. 10)

F442 Sch. 1 Form 71: words “as the case may be” omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(c)(ii) (with para. 10)

F443 Sch. 1 Form 71: words “(Reciprocal Enforcement) Act 1972” omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(c)(iii) (with para. 10)

F444 Sch. 1 Form 71 heading substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(c)(iv) (with para. 10)

Rule 5.36(1)(a)

F445 FORM 72 S INTIMATION OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN A HAGUE CONVENTION COUNTRY

Textual Amendments

F445 Sch. 1 Form 72: words “(Reciprocal Enforcement) Act 1972” omitted (28.11.2011) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(d) (with para. 10)

Rule 5.40

FORM 73 S [F446 Notice of determination by sheriff clerk of application under section 5A of the Civil Jurisdiction and Judgements Act 1982]

Textual Amendments

F446 Sch. 1 Form 73 heading substituted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 9(9)(e) (with para. 10)

Rule 5.47(1)(a)]

[F447 FORM 73A S Intimation of registration for enforcement in Scotland of a Maintenance Decision made by a Court in Denmark etc.

Textual Amendments

F447 Sch. 1 Form 73A inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), para. 1(1), sch. Pt. 2 (with para. 10)

Rule 5.47(1)(b)]

[F448 FORM 73B S Notice of registration for the purposes of enforcement in Scotland of a Maintenance Decision made by a Court in Denmark etc.

Textual Amendments

F448 Sch. 1 Form 73B inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), para. 1(1), sch. Pt. 2 (with para. 10)

Rule 5.47(2)]

[F449 FORM 73C S Notice of a decision not to register, for the purposes of the enforcement in Scotland, a Maintenance Decision made by a Court in Denmark etc.

Textual Amendments

F449 Sch. 1 Form 73C inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), para. 1(1), sch. Pt. 2 (with para. 10)

Rule 5.51(1)(a)]

[F450 FORM 73D S INTIMATION OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A CONVENTION MAINTENANCE DECISION

Textual Amendments

F450 Sch. 1 Form 73D inserted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), para. 1(2), sch.

Rule 5.51(1)(b)]

[F451 FORM 73E S NOTICE OF REGISTRATION FOR THE PURPOSES OF ENFORCEMENT IN SCOTLAND OF A CONVENTION MAINTENANCE DECISION

Textual Amendments

F451 Sch. 1 Form 73E inserted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), para. 1(2), sch.

Rule 5.51(2)]

[F452 FORM 73F S NOTICE OF A DECISION NOT TO REGISTER, FOR THE PURPOSES OF ENFORCEMENT IN SCOTLAND, A CONVENTION MAINTENANCE DECISION

Textual Amendments

F452 Sch. 1 Form 73F inserted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), para. 1(2), sch.

Rule 6.3(1)

FORM 74 S FORM OF CERTIFICATE OF A TRANSFER OF RIGHTS TO AN ORDER BY VIRTUE OF SECTION 107 OF THE ACT

Rule 3.67

F453 F454 F455 [F456 FORM 75 S VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Textual Amendments

F453 Sch. 1 Form 75 para. 1 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(39) (with para. 8)

F454 Sch. 1 Form 73 para. 3: word “eighteen” substituted for word “sixteen” (1.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 3) (Miscellaneous) 2015 (S.S.I. 2015/283), paras. 1(2), 4(2)

F455 Sch. 1 Form 75 para. 1: words “or [an appeal under section 44A of the Criminal Procedure (Scotland) Act 1995]” inserted after “[an appeal under Part 15 of the 2011 Act]” (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(10)(b)

F456 Sch. 1 Forms 75–80 inserted (1.4.2005) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/190), para. 1(1), sch.

Section 12]

Rule 3.68

[F456 FORM 76 S VULNERABLE WITNESSES (SCOTLAND) ACT 2004CERTIFICATE OF INTIMATION

Section 12]

Rule 3.69A

F457 F458 [F459 Form 76A S VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Textual Amendments

F457 Sch. 1 Form 76A para. 1 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(40) (with para. 8)

F458 Sch. 1 Form 76A para. 1: words “or [an appeal under section 44A of the Criminal Procedure (Scotland) Act 1995]” inserted after “[an appeal under Part 15 of the 2011 Act]” (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(10)(c)

F459 Sch. 1 Forms 76A, 76B inserted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), para. 1(1), sch. 1

Section 12]

Rule 3.69B]

[F459 Form 76B S VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Rule 3.70

F460 F461 F462 F463 [F456 FORM 77 S VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Textual Amendments

F460 Sch. 1 Form 77 para. 3: word “vulnerable”substituted for word “child” (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(6)(b)(i)

F461 Sch. 1 Form 77 para. 6 substituted (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(6)(b)(ii)

F462 Sch. 1 Form 77 para. 1 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(41) (with para. 8)

F463 Sch. 1 Form 77 para. 1: words “or [an appeal under section 44A of the Criminal Procedure (Scotland) Act 1995]” inserted after “[an appeal under Part 15 of the 2011 Act]” (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(10)(d)

Section 13]

Rule 3.71(2)

F464 [F456 FORM 78 S VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Textual Amendments

F464 Sch. 1 Form 78: word “witness” substituted for word “child” (1.4.2006) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006 (S.S.I. 2006/75), paras. 1(1), 2(6)(c)

Section 13]

Rule 3.77

F465 F466 F467 F468 F469 F470 F471 F472 [F456 FORM 79 S [F473 Application to sheriff for order as to evidence under section 175 of the Children’s Hearings (Scotland) Act 2011]]

Textual Amendments

F465 Sch. 1 Form 79 para. 1 substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(a) (with para. 8)

F466 Sch. 1 Form 79 para. 3: words “or enable to be taken by commissioner,” inserted after words “designed to elicit,” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(b)(i) (with para. 8)

F467 Sch. 1 Form 79 para. 3: words “[other person]” substituted for words “[other witness]” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(b)(ii) (with para. 8)

F468 Sch. 1 Form 79 para. 3: words “statement of grounds” substituted for words “ground of referral” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(b)(iii) (with para. 8)

F469 Sch. 1 Form 79 para. 3: words “*has, at any time (other than shortly before, at the same time as or shortly after the acts which form part of the subject-matter of the ground), engaged in behaviour (not being sexual behaviour), that might found an inference that the person is not credible or the person’s evidence is not reliable;” substituted for third bullet point (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(b)(iv) (with para. 8)

F470 Sch. 1 Form 79 para. 4: words “section 175 of the 2011 Act” substituted for words “section 68B(1)(a), (b) and (c) of the Act” (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(c) (with para. 8)

F471 Sch. 1 Form 79 para. 3: words “*has, at any time, been subject to any condition or predisposition that might found the inference that the person is not credible or the person’s evidence is not reliable.” substituted for fourth bullet point (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(b)(v) (with para. 8)

F472 Sch. 1 Form 79: words “(*delete as appropriate)” inserted at the end of the Form (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(d) (with para. 8)

F473 Sch. 1 Form 79 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(42)(e) (with para. 8)

Rule 3.78

[F456 FORM 80 S [F474 Certificate of intimation under section 175 of the Children’s Hearings (Scotland) Act 2011]]

Textual Amendments

F474 Sch. 1 Form 80 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 4(43) (with para. 8)

Rule 1.4(1)

SCHEDULE 2 S REVOCATIONS

Commencement Information

I111 Sch. 2 in force at 1.4.1997, see rule 1.1(1)

(1)	(2)	(3)
Act of Sederunt revoked	Reference	Extension of revocation
Act of Sederunt (Social Work) (Sheriff Court Procedure Rules) 1971	S.I. 1971/92	The whole Act of Sederunt
Act of Sederunt (Social Work) (Sheriff Court Procedure Rules Amendment) 1972	S.I. 1972/1671	The whole Act of Sederunt
Act of Sederunt (Maintenance Orders (Reciprocal Enforcement) Act 1972 Rules) 1974	S.I. 1974/939	In rule 1(2) the words “ “Sheriff Clerk” includes Sheriff Clerk depute”; in rule 2 the words from “and the provisions” to the end; in rule 3(1) the words “and the Sheriff Clerk shall be the “prescribed officer” for the Sheriff Court”, rule 3(1A) and Part III
Act of Sederunt (Maintenance Orders (Reciprocal Enforcement) Act 1972 Amendment Rules) 1975	S.I. 1975/474	The whole Act of Sederunt
Act of Sederunt (Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1974 Rules) 1975	S.I. 1975/475	In rule 1(2) the words “ “Sheriff Clerk” includes Sheriff Clerk Depute”; in rule 2 the words “and the provisions of Part III of this Act of Sederunt shall apply for the purposes of the Act to orders may be or registered in the Sher iff Court”; in rule 3(1) the words “and the Sheriff Clerk shall be the “prescribed officer” for the Sheriff Court”; and Part III
Act of Sederunt (Reciprocal Enforcement of Maintenance Orders) in (Hague Convention Countries) 1980	S.I. 1980/291	In rule 2(1) the words “ “Sheriff Clerk” includes the Sheriff Clerk Depute”; rule 3(2); rule 4(1)(b); rule 4(2) the words “and the Sheriff Clerk”; and Part III
Act of Sederunt (Reciprocal Maintenance Orders (America)) Rules 1980	S.I. 1980/423	The whole Act of Sederunt
Act of Sederunt (Social Work) (Sheriff Court Procedure Rules Amendment) 1980	S.I. 1980/1443	The whole Act of Sederunt
Act of Sederunt (Maintenance Orders Acts, Rules) 1980	S.I. 1980/1732	The whole Act of Sederunt
Act of Sederunt (Adoption of Children) 1984	S.I. 1984/1013	The whole Act of Sederunt
Act of Sederunt (Social Work (Scotland) Act 1968) (Safeguarders) 1985	S.I. 1985/780	The whole Act of Sederunt
Act of Sederunt (Social Work) (Sheriff Court Procedure Rules 1971) (Amendment) 1985	S.I. 1985/781	The whole Act of Sederunt
Act of Sederunt (Social Work) (Sheriff Court Procedure Rules 1971) (Amendment No.2) 1985	S.I. 1985/1976	The whole Act of Sederunt
Act of Sederunt (Enforcement of Judgments under the Civil Jurisdiction and Judgments Act 1982) 1986	S.I. 1986/1947	Paragraph 6 and Form 6
Act of Sederunt (Rules for the Registration of Custody Orders of the Sheriff Court) 1988	S.I. 1988/613	The whole Act of Sederunt
Act of Sederunt (Applications under the Social Security Act 1986) 1990	S.I. 1990/2238	The whole Act of Sederunt
Act of Sederunt (Rules for the Registration of Custody Orders of the Sheriff Court) (Amendment) 1991	S.I. 1991/2205	The whole Act of Sederunt
Act of Sederunt (Adoption of Children) (Amendment) 1992	S.I. 1992/1076	The whole Act of Sederunt
Act of Sederunt (Sheriff Court Parental Orders (Human Fertilisation and Embryology) Rules) 1994	S.I. 1994/2805	The whole Act of Sederunt

Rule 3.24

SCHEDULE 3 S EXCLUSION OF ENACTMENTS

Commencement Information

I112 Sch. 3 in force at 1.4.1997, see rule 1.1(1)

Column (1)	Column (2)	Column (3)
Enactment excluded	Reference	Extent of exclusion
The Citation Act 1592	1592 c. 59 (S. )	The whole Act
The Citation Act 1686	1686 c. 5 (S. )	The whole Act
The Debtors (Scotland) Act 1838, section 32 (as applied by the Citation (Scotland) Act 1846(30))	1838 c. 114	The words “and more than one witness shall not be required for service or execution thereof”
The Citation Amendment (Scotland) Act 1882	1882 c. 77	The whole Act
The Sheriff Courts (Scotland) Act 1907, section 39 and the First Schedule	1907 c. 51	The whole section; the whole Schedule except rule 29.10 (failure of witness to attend) [F475 and Chapter 45 (Vulnerable Witnesses (Scotland) Act 2004)] [F476 and Chapter 50 (lodging recordings of children)]

Textual Amendments

F475 Words in Sch. 3 inserted (1.11.2007) by Act of Sederunt (Child Care and Maintenance Rules 1997) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/468), paras. 1(1), 2(3)

F476 Words in Sch. 3 inserted (1.11.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 4(3)

Explanatory Note

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

This Act of Sederunt consolidates with minor and drafting amendments rules of the sheriff court relating to proceedings under the Adoption (Scotland) Act 1978, the Family Law Act 1986, the Maintenance Orders Acts 1950 and 1958, the Maintenance Orders (Reciprocal Enforcement) Act 1972 (“the 1972 Act”), the 1972 Act as applied by the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 and by the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993, section 5 of the Civil Jurisdiction and Judgments Act 1982 and sections 106 to 108 of the Social Security Administration Act 1992. It also provides rules for proceedings in the sheriff court under the Children (Scotland) Act 1995.

The consolidated rules revoke the Acts of Sederunt formerly applicable to these proceedings. The consolidated rules are arranged as follows:–

• Chapter 1: Preliminary;

• Chapter 2: Adoption of Children. This Chapter replaces the Act of Sederunt (Adoption of Children) 1984;

• Chapter 3: Children (Scotland) Act 1995. This Chapter provides new rules for proceedings under this Act;

• Chapter 4: Registration of Child Custody Orders. This Chapter replaces the Act of Sederunt (Rules for the Registration of Custody Orders of the Sheriff Court) 1988;

• Chapter 5: Maintenance Orders. This Chapter replaces the Act of Sederunt (Maintenance Orders (Reciprocal Enforcement) Act 1972 Rules) 1974, the Act of Sederunt (Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1974 Rules) 1975, the Act of Sederunt (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) 1980, and the Act of Sederunt (Enforcement of Judgments under the Civil Jurisdiction and Judgments Act 1982) 1986;

• Chapter 6: Applications under the Social Security Administration Act 1992. This Chapter replaces the Act of Sederunt (Applications under the Social Security Act 1986) 1990.

(1)

1950 c. 37; section 22 was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2, paragraph 14; section 23 was substituted by the Administration of Justice Act 1977 (c. 38), Schedule 3, paragraph 8; section 24 was amended by the Administration of Justice Act 1977, Schedule 3, paragraph 9 and the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 12, Part III, paragraph 1(4); section 28(1) contains a relevant definition of “prescribed”.

(2)

1958 c. 39; section 2A was inserted by the Civil Jurisdiction and Judgments Act 1982, Schedule 11, Part II, paragraph 6(2); section 21(1) contains a relevant definition of “prescribed”.

(3)

1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4) and the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2).

(4)

1978 c. 28; section 59 was amended by the Children (Scotland) Act 1995, Schedule 2, paragraph 27.

(5)

1990 c. 37.

(6)

S.I. 1994/2804.

(7)

1982 c. 27; section 48 was amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), Schedule 2, paragraph 23.

(8)

1986 c. 55; section 42(1) contains a relevant definition of “prescribed”.

(9)

1995 c. 36.

(10)

1907 c. 51, the First Schedule was substituted by S.I. 1993/1956.

(11)

1978 c. 28.

(12)

1995 c. 36.

(13)

1986 c. 55.

(14)

S.I. 1991/1723.

(15)

Section 1 was amended by the Children Act 1989 (c. 41), Schedule 13, paragraph 63 and Schedule 15, the Age of Legal Capacity (Scotland) Act 1991 (c. 50) Schedule 1, paragraph 44, and the Children (Scotland) Act 1995, Schedule 4, paragraph 41(2); section 42(6) was amended by the Children Act 1989, Schedule 13, paragraph 71(2) and Schedule 15.

(16)

1950 c. 37.

(17)

1958 c. 39.

(18)

1972 c. 18.

(19)

1982 c. 27.

(20)

Section 24(2) was amended by the Administration of Justice Act 1977 (c. 38), Schedule 3, paragraph 9.

(21)

See S.I. 1993/593.

(22)

Section 4 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 12, Part II, paragraph 3 and the Children (Scotland) Act 1995, Schedule 5.

(23)

Section 22(1) was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2, paragraph 14.

(24)

Section 9 was amended by the Civil Jurisdiction and Judgments Act 1982, Schedule 11, paragraphs 4 and 12.

(25)

Section 10(7) was amended by the Civil Jurisdiction and Judgments Act 1982, Schedule 11, paragraph 13.

(26)

Sections 6(9) and 6(12) provide a time limit of one month from service of notice of registration or decision not to register.

(27)

1987 c. 18.

(28)

1992 c. 5.

(29)

S.I. 1990/1777.

(30)

1846 c. 67.