Act of Sederunt (Child Care and Maintenance Rules) 1997

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.