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”.