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Act of Sederunt (Child Care and Maintenance Rules) 1997

Type Statutory-Instrument
Publication 1997-02-06
Last updated 2021-09-30
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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CHAPTER 5 — MAINTENANCE ORDERS

PART I — GENERAL

Interpretation

5.1

In this Chapter, unless the context otherwise requires–

  • “the 1950 Act” means the Maintenance Orders Act 1950[^f00037];
  • “the 1958 Act” means the Maintenance Orders Act 1958[^f00038];
  • “the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972[^f00039];
  • “the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982[^f00040];
  • “2011 Regulations” means the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;
  • “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;
  • “Contracting State” means a State bound by the Convention other than an EU Member State;
  • “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;
  • “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 court in a Contracting State; ora sheriff;
  • “Court in a Hague Convention Country” includes any judicial or administrative authority in a Hague Convention Country;
  • ...
  • ...
  • “Hague Convention Country” means a country or territory specified in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993;
  • “Maintenance Decision” has the meaning given to “decision” by Article 2(1) of the Maintenance Regulation;
  • “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;
  • “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; ...
  • “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 ; and
  • ...

Application

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”.
  • (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.
  • (8) Part IX of this Chapter shall have effect in relation to a Convention Maintenance Decision.

Prescribed officer

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, 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.

Maintenance Orders Register

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, the 1982 Act , 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 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 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.

Inspection

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.

PART II — OUTGOING ORDERS UNDER THE 1950 ACT

Commencement of proceedings

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.

Application for registration

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.

Transmission

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.

Application to adduce evidence

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.

Re-registration in the High Court

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.

Transmission for re-registration

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.

Discharge and variation

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.

Cancellation of registration

5.13
  • (1) An application under section 24(2) of the 1950 Act (cancellation of registration)[^f00042] 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.

PART III — OUTGOING ORDERS UNDER THE 1972 ACT

Application for transmission of order for enforcement in a reciprocating country

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.

Application for transmission of order for enforcement in the Republic of Ireland

5.15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for transmission of order to Hague Convention Country

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.

Service on defender in Hague Convention Country

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[^f00044], service on such a defender shall be effected in accordance with the Ordinary Cause Rules.

Provisional order made with a view to transmission to a reciprocating country

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.

Evidence adduced prior to confirmation of provisional order

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.

Provisions in relation to intimation and entering appearance

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.

Authentication of documents

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.

Application under section 4 or 5 of the 1972 Act

5.22

An application for a provisional order under section 4 of the 1972 Act[^f00045] or an application under section 5 of that Act for variation or revocation of a maintenance order shall 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.

Evidence

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.

PART IV — INCOMING ORDERS UNDER THE 1950 ACT

Registration

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.

Variation of rate of payment

5.25

An application to a sheriff court under section 22(1) of the 1950 Act[^f00046] 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.

Application to adduce evidence

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.

Discharge and variation

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.

Cancellation of registration

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.

PART V — INCOMING ORDERS UNDER THE 1972 ACT

Provisions in relation to intimation and entering appearance

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.

Authentication of documents

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.

Application under sections 9 and 20 of the 1972 Act

5.31
  • (1) An application under section 9 of the 1972 Act (variation and revocation of maintenance orders)[^f00047] 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.

Information to be provided where payer has ceased to reside in Scotland

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[^f00048].
  • (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.

Evidence

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.

Intimation of registration of, or of decision not to register, an order made in the Republic of Ireland

5.34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to set aside registration of, or to set aside decision not to register, an order made in the Republic of Ireland

5.35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Intimation of registration of, or refusal to register, an order made in a Hague Convention Country

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.

Application to set aside registration of, or to set aside decision not to register, an order made in a Hague Convention Country

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[^f00050] shall be made by summary application setting out the grounds of the application.

PART VI — INCOMING ORDERS UNDER THE 1982 ACT

Applications under section 5 of the 1982 Act

5.38
  • (1) Applications under section 5A of the 1982 Act shall be in writing addressed to 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.

Address of applicant’s solicitor for service

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.

Notice of determination of application

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.

Appeal by party against whom enforcement is authorised

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.

Appeal by applicant

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.

Enforcement of registered order

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[^f00051]), to inhibit and to charge and 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 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.

CHAPTER 6 — APPLICATIONS UNDER THE SOCIAL SECURITY ADMINISTRATION ACT 1992

Interpretation

6.1

In this Chapter “the Act” means the Social Security Administration Act 1992[^f00052] 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.

Applications under section 106 of the Act

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.

Transfer of rights under section 107 of the Act

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.

Notice to Secretary of State under section 108(5) of the Act

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[^f00053]), 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.

Notice to Secretary of State of making of maintenance order

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.

SCHEDULE

FORM 1

APPLICATION FOR AN ORDER DECLARING A CHILD FREE FOR ADOPTION UNDER SECTION 18 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.5(1)

FORM 2

FORM OF PARENTAL AGREEMENT UNDER SECTION 18(1)(a) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.6(1)

FORM 3

Rule 2.6(1)

FORM 4

Rules 2.6(1) and 2.23(1)

FORM 5

DECLARATION UNDER SECTION 18(6) OR SECTION 19(4) OF THE ADOPTION (SCOTLAND) ACT 1978

Rules 2.10(1) and 2.13(3)

FORM 6

WITHDRAWAL OF DECLARATION UNDER SECTION 18(6) OR SECTION 19(4) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.10(5)

FORM 7

FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 12 OR SECTION 18 OF THE ADOPTION (SCOTLAND) ACT 1978

Rules 2.11(2) and 2.28(3) and (4)

FORM 8

APPLICATION TO REVOKE AN ORDER FREEING A CHILD FOR ADOPTION UNDER SECTION 20(1) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.15(1)

FORM 9

APPLICATION (FOR LEAVE OF COURT) TO PLACE CHILD FOR ADOPTION UNDER SECTION 20(2) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.19(1)

FORM 10

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 2.20

FORM 11

PETITION FOR ADOPTION ORDER UNDER SECTION 12 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.21(1)

FORM 12

PETITION FOR ADOPTION ORDER UNDER SECTION 49 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.21(1)

FORM 13

FORM OF PARENTAL AGREEMENT UNDER SECTION 16(1) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.23(1)

FORM 14

FORM OF PARENTAL AGREEMENT UNDER 15(1)(aa) and 16(1) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.23(1)

FORM 15

FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 27, 28, 29 OR 30 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.36(3)

FORM 16

APPLICATION FOR A PARENTAL RESPONSIBILITIES ORDER

Rule 2.38(1)

FORM 17

FORM OF AGREEMENT OF RELEVANT PERSON UNDER SECTION 86 (2) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.38(2)

FORM 18

FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 86 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.42(2)

FORM 19

PARENTAL RESPONSIBILITIES ORDER Section 86 of the Children (Scotland) Act 1995

Rule 2.43(2)

FORM 20

FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 86 (5) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.44(6)

FORM 21

FORM OF DISCHARGE OR VARIATION OF PARENTAL RESPONSIBILITIES ORDER UNDER SECTION 86 (5) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.44(7)

FORM 22

Form of petition for parental order under section 30 of the Human Fertilisation and Embryology Act 1990

Rule 2.46(1)

FORM 23

Form of agreement for parental order under Section 30(r) of the Human Fertilisation and Embryology Act 1990

Rule 2.48(1)

FORM 24

Form of intimation of diet of hearing of application for a parental order under section 30 of the Human Fertilisation and Embryology Act 1990

Rule 2.54(3)

FORM 25

Form of intimation of diet of hearing of application under section 27(1) or 29 of the Act of 1978 as modified and applied in relation to parental orders

Rule 2.55(3)

FORM 26

NOTICE TO CHILD OF APPLICATION FOR A CHILD ASSESSMENT ORDER

SECTION 55 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.4(1)(a)

FORM 27

NOTICE TO CHILD OF APPLICATION TO VARY OR SET ASIDE CHILD PROTECTION ORDER

SECTION 60 OF THE CHILDREN (SCOTLAND) ACT 1995.

Rule 3.4(1)(b)

FORM 28

NOTICE TO CHILD OF APPLICATION FOR AN EXCLUSION ORDER

SECTION 76 OF THE CHILDREN (SCOTLAND) ACT 1995.

Rule 3.4(1)(c)

FORM 29

NOTICE TO CHILD OF APPLICATION TO VARY AN EXCLUSION ORDER

SECTION 79(3) OF THE CHILDREN (SCOTLAND) ACT 1995.

Rule 3.4(1)(d)

FORM 30

NOTICE TO CHILD OF APPLICATION FOR A FURTHER DETENTION WARRANT

SECTION 67 OF THE CHILDREN (SCOTLAND) ACT 1995.

Rule 3.4(1)(e)

FORM 31

CITATION OF CHILD IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.4(1)(f)

FORM 32

FORM OF FIRST ORDER UNDER THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.11

FORM 33

IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995

FORM OF WARRANT TO CITE CHILD AND TO GIVE NOTICE/INTIMATE TO RELEVANT PERSON(S) AND SAFEGUARDER

Rule 3.11

FORM 34

NOTICE OF APPLICATION FOR A CHILD ASSESSMENT ORDER TO A PERSON NAMED IN APPLICATION

Rule 3.12(1)(a)

FORM 35

NOTICE OF APPLICATION TO VARY OR RECALL CHILD PROTECTION ORDER TO PERSON NAMED IN APPLICATION

Rule 3.12(1)(b)

FORM 36

NOTICE OF APPLICATION FOR AN EXCLUSION ORDER TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

Rule 3.12(1)(c)

FORM 37

NOTICE OF APPLICATION TO VARY OR RECALL AN EXCLUSION ORDER TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

Rule 3.12(1)(d)

FORM 38

NOTICE OF APPLICATION FOR FURTHER DETENTION OF CHILD TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

Rule 3.12(1)(e)

FORM 39

NOTICE TO RELEVANT PERSON IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.12(1)(f)

FORM 40

NOTICE TO SAFEGUARDER IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.12(2)

FORM 41

CITATION OF WITNESS OR HAVER UNDER THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.14(2)

FORM 42

*CERTIFICATE OF EXECUTION OF CITATION OF OR NOTICE TO CHILD

*CERTIFICATE OF EXECUTION OF NOTICE TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

UNDER THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.14(3)

FORM 43

CERTIFICATE OF CITATION OF WITNESS OR HAVER UNDER THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.17(1)

FORM 44

Rule 3.22(2)

FORM 45

APPLICATION FOR A CHILD ASSESSMENT ORDER

Rule 3.26

FORM 46

CHILD ASSESSMENT ORDER

Rule 3.27(2)

FORM 47

APPLICATION FOR A CHILD PROTECTION ORDER BY LOCAL AUTHORITY

Rule 3.30

FORM 48

APPLICATION FOR A CHILD PROTECTION ORDER BY ANY PERSON (OTHER THAN A LOCAL AUTHORITY)

Rule 3.30

FORM 49

CHILD PROTECTION ORDER

Rule 3.31(2)

FORM 50

NOTICE OF CHILD PROTECTION ORDER TO CHILD IN TERMS OF SECTION 57 OF THE CHILDREN (SCOTLAND) ACT 1995.

Rule 3.32(A)

FORM 51

NOTICE OF CHILD PROTECTION ORDER TO A NAMED PERSON

Rule 3.32(b)

FORM 52

APPLICATION TO VARY OR RECALL A CHILD PROTECTION ORDER

Rule 3.33(1)

FORM 53

VARIATION OF CHILD PROTECTION ORDER

Rule 3.33(5)

FORM 54

APPLICATION FOR EXCLUSION ORDER BY LOCAL AUTHORITY

Rule 3.35

FORM 55

EXCLUSION ORDER

Rule 3.37(2)

FORM 56

CERTIFICATE OF DELIVERY TO THE CHIEF CONSTABLE

Rule 3.38(1) and (2)

FORM 57

APPLICATION TO VARY OR RECALL AN EXCLUSION ORDER

Rule 3.40(1)

FORM 58

VARIATION OF EXCLUSION ORDER

Rule 3.40(3)

FORM 59

APPLICATION BY PRINCIPAL REPORTER FOR FURTHER DETENTION OF CHILD

Rule 3.42

FORM 60

FORM OF APPLICATION TO SHERIFF UNDER SECTION 65 OF THE ACT

Rule 3.45(1)

FORM 61

APPEAL TO SHERIFF UNDER SECTION 51(1) OF THE ACT AGAINST DECISION OF CHILDREN'S HEARING IN RELATION TO A SUPERVISION REQUIREMENT

Rule 3.53(1)

FORM 62

APPEAL TO SHERIFF AGAINST ISSUE OF WARRANT BY CHILDREN'S HEARING UNDER SECTION 51(1) AND (8) OF THE ACT

Rule 3.53(1)

FORM 63

APPEAL TO SHERIFF AGAINST A REQUIREMENT BY THE CHILDREN'S HEARING UNDER SECTION 51(1) OF THE ACT

Rule 3.53(1)

FORM 64

INTIMATION TO CHILD IN APPLICATION UNDER SECTION 51 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.54(3)

FORM 65

IN APPLICATION UNDER SECTION 85 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.63(1)

FORM 66

Rule 5.19(1)

FORM 67

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ACT 1972

Rule 5.20(1) AND 5.29(1)

FORM 68

FORM OF DECLARATION

Rule 5.24(1)(b)

FORM 69

NOTICE OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN THE REPUBLIC OF IRELAND

Rule 5.34(1)(a)

FORM 70

NOTICE OF REGISTRATION FOR THE PURPOSES OF ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN *THE REPUBLIC OF IRELAND/A HAGUE CONVENTION COUNTRY

Rules 5.34(1)(b) and 5.36(1)(b)

FORM 71

NOTICE OF A DECISION NOT TO REGISTER, FOR THE PURPOSES OF ENFORCEMENT IN SCOTLAND, A MAINTENANCE ORDER MADE IN *THE REPUBLIC OF IRELAND/A HAGUE CONVENTION COUNTRY

Rules 5.34(2) and 5.36(2)

FORM 72

INTIMATION OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN A HAGUE CONVENTION COUNTRY

Rule 5.36(1)(a)

FORM 73

NOTICE OF DETERMINATION BY SHERIFF CLERK OF APPLICATION UNDER SECTION 5 OF THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982

Rule 5.40

FORM 74

FORM OF CERTIFICATE OF A TRANSFER OF RIGHTS TO AN ORDER BY VIRTUE OF SECTION 107 OF THE ACT

Rule 6.3(1)

SCHEDULE 2 — REVOCATIONS

(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

SCHEDULE 3 — EXCLUSION OF ENACTMENTS

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[^f00054]) 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) and Chapter 45 (Vulnerable Witnesses (Scotland) Act 2004) and Chapter 50 (lodging recordings of children)

Signed

Rodger of Earlsferry — Lord President, IPD — 6th February 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.

Footnotes

[^f00001]: 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”.

[^f00002]: 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”.

[^f00003]: 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).

[^f00004]: 1978 c. 28; section 59 was amended by the Children (Scotland) Act 1995, Schedule 2, paragraph 27.

[^f00005]: 1990 c. 37.

[^f00006]: S.I. 1994/2804.

[^f00007]: 1982 c. 27; section 48 was amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), Schedule 2, paragraph 23.

[^f00008]: 1986 c. 55; section 42(1) contains a relevant definition of “prescribed”.

[^f00009]: 1995 c. 36.

[^f00010]: 1907 c. 51, the First Schedule was substituted by S.I. 1993/1956.

[^f00011]: 1978 c. 28.

[^f00012]: 1995 c. 36.

[^f00034]: 1986 c. 55.

[^f00035]: S.I. 1991/1723.

[^f00036]: 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.

[^f00037]: 1950 c. 37.

[^f00038]: 1958 c. 39.

[^f00039]: 1972 c. 18.

[^f00040]: 1982 c. 27.

[^f00042]: Section 24(2) was amended by the Administration of Justice Act 1977 (c. 38), Schedule 3, paragraph 9.

[^f00044]: See S.I. 1993/593.

[^f00045]: 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.

[^f00046]: Section 22(1) was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2, paragraph 14.

[^f00047]: Section 9 was amended by the Civil Jurisdiction and Judgments Act 1982, Schedule 11, paragraphs 4 and 12.

[^f00048]: Section 10(7) was amended by the Civil Jurisdiction and Judgments Act 1982, Schedule 11, paragraph 13.

[^f00050]: Sections 6(9) and 6(12) provide a time limit of one month from service of notice of registration or decision not to register.

[^f00051]: 1987 c. 18.

[^f00052]: 1992 c. 5.

[^f00053]: S.I. 1990/1777.

[^f00054]: 1846 c. 67.

SCHEDULE 1

FORM 1

APPLICATION FOR AN ORDER DECLARING A CHILD FREE FOR ADOPTION UNDER SECTION 18 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.5(1)

FORM 2

FORM OF PARENTAL AGREEMENT UNDER SECTION 18(1)(a) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.6(1)

FORM 3

Rule 2.6(1)

FORM 4

Rules 2.6(1) and 2.23(1)

FORM 5

DECLARATION UNDER SECTION 18(6) OR SECTION 19(4) OF THE ADOPTION (SCOTLAND) ACT 1978

Rules 2.10(1) and 2.13(3)

FORM 6

WITHDRAWAL OF DECLARATION UNDER SECTION 18(6) OR SECTION 19(4) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.10(5)

FORM 7

FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 12 OR SECTION 18 OF THE ADOPTION (SCOTLAND) ACT 1978

Rules 2.11(2) and 2.28(3) and (4)

FORM 8

APPLICATION TO REVOKE AN ORDER FREEING A CHILD FOR ADOPTION UNDER SECTION 20(1) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.15(1)

FORM 9

APPLICATION (FOR LEAVE OF COURT) TO PLACE CHILD FOR ADOPTION UNDER SECTION 20(2) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.19(1)

FORM 10

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 2.20

FORM 11

PETITION FOR ADOPTION ORDER UNDER SECTION 12 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.21(1)

FORM 11A

PETITION FOR CONVENTION ADOPTION ORDER UNDER SECTION 17 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.36C

FORM 12

PETITION FOR ADOPTION ORDER UNDER SECTION 49 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.21(1)

FORM 13

FORM OF PARENTAL AGREEMENT UNDER SECTION 16(1)(b)(i) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.23(1)

FORM 14

FORM OF PARENTAL AGREEMENT UNDER 15(1)(aa) and 16(1)(b)(i) OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.23(1)

FORM 15

FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 27, 28, 29 OR 30 OF THE ADOPTION (SCOTLAND) ACT 1978

Rule 2.36(3)

FORM 16

APPLICATION FOR A PARENTAL RESPONSIBILITIES ORDER

Rule 2.38(1)

FORM 17

FORM OF AGREEMENT OF RELEVANT PERSON UNDER SECTION 86 (2) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.38(2)

FORM 18

FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 86 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.42(2)

FORM 19

PARENTAL RESPONSIBILITIES ORDER Section 86 of the Children (Scotland) Act 1995

Rule 2.43(2)

FORM 20

FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 86 (5) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.44(6)

FORM 21

FORM OF DISCHARGE OR VARIATION OF PARENTAL RESPONSIBILITIES ORDER UNDER SECTION 86 (5) OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 2.44(7)

FORM 22

Form of petition for parental order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008

Rule 2.46(1)

FORM 23

Form of agreement to a parental order under section 54(6) or 54A(5) of the Human Fertilisation and Embryology Act 2008

Rule 2.48(1)

FORM 24

Form of intimation of diet of the hearing of application for a parental order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008

Rule 2.54(3)

FORM 25

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 2.55(3)

FORM 26

Notice to child of application for a Child Assessment Order under section 35 of the Children’s Hearings (Scotland) Act 2011

Rule 3.4(1)(a)

FORM 27

Notice to child of application to vary or terminate a Child Protection Order – section 48 of the Children’s Hearings (Scotland) Act 2011

Rule 3.4(1)(b)

FORM 28

NOTICE TO CHILD OF APPLICATION FOR AN EXCLUSION ORDER

SECTION 76 OF THE CHILDREN (SCOTLAND) ACT 1995.

Rule 3.4(1)(c)

FORM 29

NOTICE TO CHILD OF APPLICATION TO VARY AN EXCLUSION ORDER

SECTION 79(3) OF THE CHILDREN (SCOTLAND) ACT 1995.

Rule 3.4(1)(d)

FORM 30

NOTICE TO CHILD OF APPLICATION FOR A FURTHER DETENTION WARRANT

SECTION 67 OF THE CHILDREN (SCOTLAND) ACT 1995.

Rule 3.4(1)(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FORM 31

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)

Rule 3.4(1)(f)

FORM 31A

CITATION OF CHILD IN APPLICATION UNDER 94(2)(a) OF THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011 (PROCEDURAL HEARING FIXED)

Rule 3.4(1)(g)

FORM 31BNOTICE TO CHILD OF APPLICATION FOR REVIEW OF GROUNDS DETERMINATION UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011Rule 3.4(1)(h)[image omitted][image omitted]

FORM 32

FORM OF FIRST ORDER UNDER THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.11

FORM 32A

Form of First Order under the Children's Hearings (Scotland) Act 2011

Rule 3.11

FORM 33

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

Rule 3.11

FORM 34

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

Rule 3.12(1)(a)

FORM 35

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

Rule 3.12(1)(b)

FORM 36

NOTICE OF APPLICATION FOR AN EXCLUSION ORDER TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

Rule 3.12(1)(c)

FORM 37

NOTICE OF APPLICATION TO VARY OR RECALL AN EXCLUSION ORDER TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

Rule 3.12(1)(d)

FORM 40

NOTICE TO SAFEGUARDER IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995

Rule 3.12(2)

FORM 39

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)

Rule 3.12(1)(f)

FORM 39A

Notice to relevant person in application under section 94(2)(a) of the Children's Hearings (Scotland) Act 2011 (procedural hearing fixed)

Rule 3.12(1)(g)

FORM 40

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

Rule 3.12(2)

FORM 41

Citation of witness or haver under the Children’s Hearings (Scotland) Act 2011 or the Children (Scotland) Act 1995

Rule 3.14(2)

FORM 42

Certificate of execution of citation under the Children’s Hearings (Scotland) Act 2011 or the Children (Scotland) Act 1995

Rule 3.14(3)

FORM 43

Certificate of execution of service under the Children’s Hearings (Scotland) Act 2011 or the Children (Scotland) Act 1995

Rule 3.17(1)

FORM 44A

Rule 3.22(3)(a)

FORM 44B

Rule 3.22(3)(b)

FORM 45

Application for a Child Assessment Order under section 35 of the Children’s Hearings (Scotland) Act 2011

Rule 3.26

FORM 46

Child Assessment Order under section 35 of the Children’s Hearings (Scotland) Act 2011

Rule 3.27(2)

FORM 47

Application for a Child Protection Order by local authority under section 37 of the Children’s Hearings (Scotland) Act 2011

Rule 3.30

FORM 48

Application for a Child Protection Order (other than by local authority) under section 37 of the Children’s Hearings (Scotland) Act 2011

Rule 3.30

FORM 49

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