SCHEDULEAMENDMENT TO ORDINARY CAUSE RULES 1993
4
In rule 33.1 (interpretation of Chapter 33)–
a
for paragraph (1)(h), substitute the following paragraph:–
h
an action or application for, or in respect of, an order under section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.), except–
i
an application for the appointment of a judicial factor mentioned in section 11(2)(g) of the Act of 1995 to which Part I of the Act of Sederunt (Judicial Factors Rules) 1992 applies; and
ii
an application for the appointment or removal of a person as a guardian mentioned in section 11(2)(h) of the Act of 1995 to which paragraph 4 of the Act of Sederunt (Family Proceedings in the Sheriff Court) 1996 applies;
b
in paragraph (2)–
i
after the definition of “the Act of 1985”, insert the following definitions:–
“the Act of 1995” means the Children (Scotland) Act 1995;
“contact order” has the meaning assigned in section 11(2)(d) of the Act of 1995;
ii
omit the definition of “child”;
iii
for the definition of “local authority”, substitute the following definition–
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19946;
iv
for the definition of “parental rights”, substitute the following definitions–
“parental responsibilities” has the meaning assigned in section 1(3) of the Act of 1995;
“parental rights” has the meaning assigned in section 2(4) of the Act of 1995;
“residence order” has the meaning assigned in section 11(2)(c) of the Act of 1995;
“section 11 order” means an order under section 11 of the Act of 1995.
c
in paragraph (3), for the word “custody”, substitute the words “section 11 order”.