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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
PDF Download
articles Not indexed
Reform history JSON API

[^key-e508e91b31918af8b9762fb978c65cc2]: 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)

[^M_F_c3635684-e2a7-4156-f889-888b616cc4c1]: 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)

[^M_F_2a415f9e-a205-4a26-8a0c-5917a02f98f0]: 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)

[^key-23e3ad055c4271ab275c45748fc5093e]: 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)

[^M_F_5bc01c09-deba-43a0-b06d-8fb0e857db82]: 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)

[^key-b5ddd866b5d8aad0da8fda6811fbc50c]: 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.

[^key-1af1292b804df3d06f17e4e910ae5649]: 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.

[^key-81f1edcc16624080228f75680fe14071]: 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.

[^key-8d27db9c4604fbb6a177d77a5a4ea95e]: 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)

[^key-8049f009e1b42258760dc9e8c79d3d9e]: 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)

[^key-047a2ac7dc06bf697b8cd4235924611e]: 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)

[^key-60b388c93c4b82b5eb8dde698d26a88f]: 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)

[^key-fc362c22cda13284105d13cb80dfaf94]: 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)

[^key-68fdcf4251f499beea661fe31ca4411b]: 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)

[^key-9bf2746def87e22608cbc17479cd7f59]: 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)

[^key-0f790a70f40abeebedc9d40cd4a40895]: 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)

[^key-05007153b9924d94a45ee2775fd684d8]: 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)

[^key-ac70b32eeb370b467809f25a7dec8156]: 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)

[^key-b21f64c0247c4641ddd7b158e1b8673c]: 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)

[^key-a6dd4a2b9f1a904260fa56f2715d005c]: 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)

[^key-39ec891c0b1f9847944955347a31f33d]: 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)

[^key-367106343bd772c880ef4ba72c9699cb]: 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)

[^key-2b6e59d348895334c299bd0669dfa968]: 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)

[^key-22f246367955ec7e0fb41c60d4fc4ba3]: 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.

[^key-65109f2e3a5803b39654544096ffbf7b]: 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)

[^M_F_3c728be7-df9b-4e80-bcee-b740298c0074]: 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)

[^M_F_b74054bd-be89-4f68-87d0-7ecf9b21cbcf]: 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)

[^M_F_72b5c10f-c106-40e7-a769-4804bc7feb1c]: 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)

[^key-f81b75a2128794e89715fd4d809eee3e]: 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)

[^key-4be16c384bae4f60a1fae2de38691b3b]: 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)

[^key-1cb8987b7c37ece853ee9574dc70fc63]: 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)

[^key-81be76e554a5ea29d5dd95bcaaf77647]: 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)

[^key-dce2396c7fb15a0798c55718813b0118]: 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)

[^key-79c8f864e2139a00c9b5b354c937df81]: 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)

[^key-f8c2d91a1a889a14da15cd3b4ceb3493]: 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)

[^key-c47f72c3203cd4802ec77f1135ee0498]: 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)

[^key-ac637c7674fe63cd6aa2fbdacde011aa]: 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)

[^key-d7dded76e8ae4aadef29d1659ada3b26]: 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)

[^key-485e9c6a212f5b8880c0a72784c769cc]: 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)

[^key-37bb592f9b92413440316886313175c4]: 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)

[^key-2ebade1e2fa8c8fc281e8b3d882d4a94]: 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)

[^key-ba069720bd635d428520a60c6e85f64d]: 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)

[^key-70b29daf50f61a53dc0383bbeaec7156]: 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)

[^key-3718a9acb8cba41254e2f76060d6aec9]: 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)

[^key-e8b8781037bda4b0fdd61d8a58d600a0]: Sch. 1 Form 24: words “[orpetitioner]” 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)

[^key-0d6d3b05d2c070959bb4e3bbaf4506bd]: 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)

[^key-1647a0c902d5f5244e9f6527dcbd999b]: 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)

[^key-9deef53704921d5150c39f4d256d6a3a]: 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)

[^key-21a94fe860c0b2edd431fbc9a468c87a]: 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)

[^key-005eaa174b93f316184b31ecd3fdfaca]: 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)

[^key-36a427129f3b67200c59f4c219655f45]: 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)

[^key-a7352da9fda5284013b08bdd997bc4d6]: 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)

[^key-a3583bd1b298dbca008fd0d3a106eff2]: 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)

[^key-a3a7444fd8fc7bbbbeb14df76bcb0e40]: 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)

Application for transmission of order for enforcement ... in the USA

5.16A
  • (1) An application for the transmission of a maintenance order to ... the United States of America for ... 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.

Service on defender in Hague Convention Country

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

Evidence adduced prior to confirmation of provisional order

Provisions in relation to intimation and entering appearance

Authentication of documents

Application under section 4 or 5 of the 1972 Act

Evidence

Duties of reporting officer and curator ad litem

PART IVA — CONVENTION ADOPTION ORDERS

Interpretation

2.36A

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

Application for a Convention adoption order

2.36B

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

Process and form of application

2.36C

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

Application of Part IV of Chapter 2 to Convention adoption orders

2.36D

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

Appointment of curator ad litem and reporting officer

2.36E

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

Hearing

2.36F

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Communications to the Registrar General

2.36G

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

FORM 65

Application under section 110 of the Children’s Hearings (Scotland) Act 2011: Form of warrant to cite Principal Reporter

Rule 3.63(1)

PART XI — VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Interpretation

3.65

In this Part–

  • “the Act of 2004” means the Vulnerable Witnesses (Scotland) Act 2004;
  • ...
  • “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.
  • “vulnerable witness application” has the meaning given in section 12(6)(a) of the Act of 2004”.

Extent of application of this Part

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.

Child Witness Notice

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 ... and complete a certificate of intimation.
  • (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.
3.69
  • (1) On receipt of a child witness notice, a sheriff may–
  • (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.

Review of arrangements for vulnerable witnesses

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 ... and complete a certificate of intimation.
  • (2) A certificate of intimation referred to in this rule shall be in Form 78 and shall be lodged together with the review application.
3.72
  • (1) On receipt of a review application, a sheriff may–
  • (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 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.

Determination of special measures

3.73

When making an order under section 12(1) ,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.

Intimation of an order under section 12(1) or 13(2)

3.74

An order under section 12(1) ,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.

Lodging of video record and documents

3.75
  • (1) Where evidence is taken on commission pursuant to an order made under section 12(1) ,12(6) or 13(2) of the Act of 2004 the commissioner shall lodge any audio or audio-visual recording of the commission and relevant documents with the sheriff clerk.
  • (2) On 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.

Custody of video record and documents

3.76
  • (1) 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 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.

Application for admission of restricted evidence

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 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 ... and complete a certificate of intimation.
  • (2) A certificate of intimation referred to in this rule shall be in Form 80 and shall be lodged together with the admission application.
3.79
  • (1) On receipt of an admission application, a sheriff may–
  • (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.

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.
3.81
  • (1) An order made pursuant to rule 3.79(1)(a) 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.

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

Vulnerable Witness Application

3.69A

A vulnerable witness application made in accordance with section 12(6)(a) of the Act of 2004 shall be in Form 76A.

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 ... and complete a certificate of intimation.
  • (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.
3.69C
  • (1) On receipt of a vulnerable witness application a sheriff may–
  • (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.

Review of arrangements for vulnerable witnesses

Determination of special measures

Intimation of an order under section 12(1) or 13(2)

Lodging of video record and documents

Custody of video record and documents

Application for admission of restricted evidence

FORM 67

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ACT 1972

Rule 5.20(1) AND 5.29(1)

Vulnerable witnesses

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.

Service of notice of proceedings on payer residing in USA

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.

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

Evidence adduced prior to confirmation of provisional order

Provisions in relation to intimation and entering appearance

Authentication of documents

Application under section 4 or 5 of the 1972 Act

Representations or evidence by payer residing in the USA

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).

Application by payer residing in the USA for variation or revocation of order

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).

Evidence

Applications under sections 5 or 5A of the 1982 Act

Orders for evidence

Protection of identity of petitioners

Appointment of a curator ad litem and reporting officer

Duties of reporting officer and curator ad litem

Agreement

Procedure where child wishes to express a view

Applications under sections 22 and 24 of the 2007 Act

Amendment of parental order

Communication to the Registrar General

Appeals

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.

Applications under section 5A of the 1982 Act

PART VII — MAINTENANCE DECISIONS UNDER THE MAINTENANCE REGULATION

Application for transmission of a Maintenance Decision to another Maintenance Regulation State

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

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 — RECOGNITION AND ENFORCEMENT OF MAINTENANCE DECISIONS MADE BY COURTS IN DENMARK ETC.

Recognition and enforcement of a Maintenance Decision made in Denmark etc.

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.

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.

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

5.49

An application under Article35 of the Maintenance Regulation shall be made by motion.

FORM 65A

INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011

Rule 3.64A(1)

FORM 65B

NOTICE TO CHILD OF AN INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011

Rule 3.64A

FORM 65CAPPLICATION TO EXTEND OR EXTEND AND VARY AN INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011Rule 3.64A(2)[image omitted][image omitted]FORM 65DAPPLICATION TO FURTHER EXTEND OR FURTHER EXTEND AND VARY AN INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011Rule 3.64A(3)[image omitted][image omitted]FORM 65ENOTICE OF INTIMATION OF AN INTERIM COMPULSORY SUPERVISION ORDER UNDER THE CHILDREN'S HEARINGS (SCOTLAND) ACT 2011Rule 3.64A(6)[image omitted]

FORM 66

Rule 5.19(1)

FORM 70

Notice of registration for the purposes of enforcement in Scotland of a maintenance order made in a Hague Convention Country

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

Lodging audio or audio-visual recordings of children

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, thisshall be done in accordance with and regulated by Chapter 50 of the OrdinaryCauseRules.
  • (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 made, or
  • (b) within 28 days after the disposal of any appeal 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.

Application of rules 3.3 to 3.5A

Child to attend hearing

3.3A
  • (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.

Service on child

Procedure for obtaining a child’s view

Confidentiality

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 litemmust—
  • (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 rule3.5.

Representation of safeguarder

Application to vary or terminate a child protection order

Withdrawal of application

Expeditious determination of application

3.46A

Prior to or at a hearing on evidence under rule3.47 (or any adjournment or continuation thereof under rule3.49), 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 rule3.22.

Hearing on evidence

Amendment of the statement of grounds

Adjournment for inquiry, etc.

Power of sheriff in making findings as to offences

Decision of sheriff

Signature of warrants

Adjournment or continuation of appeals

PART VIIIA — APPLICATIONS FOR REVIEW BY LOCAL AUTHORITY

Review applications by local authority

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

3.58B
  • (1) After lodging the application in terms of rule3.58A, 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 rule3.3 (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 rule3.58A.
  • (3) At the hearing the sheriff may determine the application or allow such further procedure as the sheriff thinks fit.
  • (4) The provisions of rule3.51 shall apply to any order made under this Part.

Lodging reports and information in appeals

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

3.61A

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

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

Interim compulsory supervision order

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 rule3.3, 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

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

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.

Lodging audio and audio-visual recordings and documents

Custody of audio or audio-visual recordings and documents

PART XIA — CASES INVOLVING SEXUAL BEHAVIOUR

Interpretation and application of this Part

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

Lodging restricted evidence

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.

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 71

Notice of a decision not to register, for the purposes of the enforcement in Scotland, a Maintenance Order made in 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 5A of the Civil Jurisdiction and Judgements Act 1982

Rule 5.40

FORM 73A

Intimation of registration for enforcement in Scotland of a Maintenance Decision made by a Court in Denmark etc.

Rule 5.47(1)(a)

FORM 73B

Notice of registration for the purposes of enforcement in Scotland of a Maintenance Decision made by a Court in Denmark etc.

Rule 5.47(1)(b)

FORM 73F

NOTICE OF A DECISION NOT TO REGISTER, FOR THE PURPOSES OF ENFORCEMENT IN SCOTLAND, A CONVENTION MAINTENANCE DECISION

Rule 5.51(2)

Form 76B

VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Rule 3.69B

FORM 80

Certificate of intimation under section 175 of the Children’s Hearings (Scotland) Act 2011

Rule 3.78

PART IX — RECOGNITION AND ENFORCEMENT OF CONVENTION MAINTENANCE DECISIONS

Application for transmission of Convention Maintenance Decision to a Contracting State

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

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.

FORM 73C

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.

Rule 5.47(2)

FORM 73D

INTIMATION OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A CONVENTION MAINTENANCE DECISION

Rule 5.51(1)(a)

FORM 73E

NOTICE OF REGISTRATION FOR THE PURPOSES OF ENFORCEMENT IN SCOTLAND OF A CONVENTION MAINTENANCE DECISION

Rule 5.51(1)(b)

FORM 79

Application to sheriff for order as to evidence under section 175 of the Children’s Hearings (Scotland) Act 2011

Rule 3.77

FORM 80

Certificate of intimation under section 175 of the Children’s Hearings (Scotland) Act 2011

Rule 3.78

Appeals: applications for stated case

PART VIIIB — PROCEDURE IN APPEALS TO THE SHERIFF UNDER SECTION 44A OF THE CPSA 1995

Form of appeal

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

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

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

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

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.

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)

Form 76B

VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Rule 3.69B

FORM 79

Application to sheriff for order as to evidence under section 175 of the Children’s Hearings (Scotland) Act 2011

Rule 3.77

FORM 80

Certificate of intimation under section 175 of the Children’s Hearings (Scotland) Act 2011

Rule 3.78

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