Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

• (ii) there are reasonable grounds for suspecting that there is material on the premises which cannot be particularised at the time of the application, but which–

• (aa) relates to the specified person, or to the question of whether that person has benefited from an ICC crime, or to any question as to the extent or whereabouts of the proceeds of an ICC crime; and

• (bb) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made; and

• (iii) any of the circumstances specified in paragraph 10(6) of schedule 5 to the Act applies.

Civil recovery and detained cash investigations

Production orders

3.19.21

• (1) An application to the sheriff under section 382(2) (order to grant entry to premises) may be made–

• (a) in the application for the production order; or

• (b) if made after the production order has been made, by minute in the process of the application for that order.

• (2) A report to the sheriff under section 385(4) (report of failure to bring production order made in relation to an authorised government department to the attention of the officer concerned) shall take the form of a letter to the sheriff clerk.

• (3) An application to the sheriff under section 386(4) (discharge or variation of a production order or an order to grant entry) shall be made by minute in the process of the application for the production order.

Search warrants

3.19.22

An application to the sheriff under section 387(1) (search warrant) shall be in the form of a summary application.

Customer information orders

3.19.23

An application under section 403(4) (discharge or variation of a customer information order) shall be made by minute in the process of the application for the customer information order.

Account monitoring orders

3.19.24

An application under section 408(4) (discharge or variation of an account monitoring order) shall be made by minute in the process of the application for the account monitoring order.

Restraint and administration orders

Service of restraint orders

3.19.6

The intimation to be made by the prosecutor under section 121(3) shall be made by serving a copy of the interlocutor granting a restraint order on every person named in the interlocutor as restrained by the order.

Recall or variation of restraint orders

3.19.7

An application to the sheriff under section 121(5) (variation or recall of restraint order) shall be made by minute in the process of the application for the restraint order.

Appeals to the Court of Session

3.19.8

• (1) An appeal against an interlocutor of the sheriff refusing, varying or recalling or refusing to vary or recall a restraint order shall be marked within 14 days after the date of the interlocutor concerned.

• (2) Such an appeal shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms:–

• The applicant appeals to the Court of Session.

• (3) The note of appeal shall–

• (a) be signed by the appellant;

• (b) bear the date on which it is signed; and

• (c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal.

• (4) The sheriff clerk will transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session.

• (5) Within the period specified in paragraph (4), the sheriff clerk shall–

• (a) send written notice of the appeal to every other party; and

• (b) certify on the interlocutor sheet that he has done so.

• (6) Failure of the sheriff clerk to comply with paragraph (5) shall not invalidate the appeal.

Applications in relation to arrestment

3.19.9

• (1) An application to the sheriff under section 124(1) (arrestment of property affected by restraint order) by the prosecutor for warrant for arrestment may be made–

• (a) in the application made under section 121(2) (application for restraint order); or

• (b) if made after a restraint order has been applied for, by minute in the process of the application for that order.

• (2) An application to the sheriff under section 124(3) (recalling, loosing or restricting arrestment) or under section 124(6) (recall or restriction of arrestment) shall be made by minute in the process of the application for the restraint order.

Applications for appointment of administrators

3.19.10

• (1) An application to the sheriff under section 125(1) (appointment of management administrator) shall be made by minute in the process of the application for the restraint order.

• (2) An application to the sheriff under section 128(2) (appointment of enforcement administrator) shall be made–

• (a) where made after a restraint order has been made, by minute in the process of the application for that order; or

• (b) in any other case, by summary application.

• (3) The notification to be made by the sheriff clerk under section 125(3) or 128(8) (as the case may be) shall be made by intimation of a copy of the interlocutor to the accused and the persons subject to the order.

Incidental applications in relation to an administration

3.19.11

An application to the sheriff subsequent to the appointment of an administrator relating to any matter incidental to that appointment shall be made by minute in the process of the application in which the administrator was appointed.

Documents for Accountant of Court

3.19.12

• (1) A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court.

• (2) The sheriff clerk shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the sheriff unless such part of the process is, at the time of request, required by the sheriff.

Procedure for fixing and finding caution

3.19.13

• (1) The Accountant of Court shall forthwith, on receiving intimation of an application for the appointment of an administrator, fix the caution to be found in the event of appointment being made and shall notify the amount to the sheriff clerk and the applicant.

• (2) During the subsistence of the appointment of the administrator, the Accountant of Court may, at any time–

• (a) require the administrator to increase the amount of or find new or additional caution; or

• (b) authorise the administrator to decrease the amount of existing caution.

Time for finding caution

3.19.14

• (1) Where the time within which caution is to be found is not stipulated in the interlocutor appointing the administrator, the time allowed for finding caution shall be, subject to paragraph (2) of this rule, limited to one calendar month from the date of the interlocutor.

• (2) The sheriff may, on application made before the expiry of the period for finding caution, and, on cause shown, allow further time for finding caution.

Procedure on finding caution

3.19.15

• (1) Caution shall be lodged with the Accountant of Court.

• (2) Where caution has been found to the satisfaction of the Accountant of Court, he shall notify the sheriff clerk.

Issue of certified copy interlocutor

3.19.16

• (1) A certified copy interlocutor of appointment of an administrator shall not be issued by the sheriff clerk until he receives notification from the Accountant of Court in accordance with rule 3.19.15(2).

Administrator’s title to act

3.19.17

An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him.

Accounts

3.19.18

• (1) An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (2)–

• (a) within six months after the date of his appointment; and

• (b) at six monthly intervals after the first account during the subsistence of his appointment,

lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require.

• (2) The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period.

Application for discharge of administrator

3.19.19

An application to the sheriff for discharge of an administrator shall be made by minute in the process of the application in which the administrator was appointed.

Appeals against determination of outlays and remuneration

3.19.20

An appeal to the sheriff under paragraph 9(1) of Schedule 3 (appeal against a determination by the Accountant of Court) shall be made by minute in the process of the application in which the administrator was appointed.

PART XXI — IMMIGRATION AND ASYLUM ACT 1999

Interpretation

3.21.1

In this Part–

• “the Act” means the Immigration and Asylum Act 1999; and

• “an appeal” means an appeal to the sheriff under section 35A(1) or section 40B(1) of the Act.

Appeals

3.21.2

• (1) A person making an appeal against a decision by the Secretary of State to impose a penalty under section 32 or a charge under section 40 of the Act must, subject to paragraph (2), bring an appeal within 21 days after receiving the penalty notice or charge notice.

• (2) Where the appellant has given notice of objection to the Secretary of State under section 35(4) or section 40A(3) of the Act within the time prescribed for doing so, he must bring an appeal within 21 days after receiving notice of the Secretary of State’s decision under section 35(7) or section 40A(6) respectively of the Act in response to the notice of objection.

PART XXII — CRIME AND DISORDER ACT 1998

Interpretation

3.22.1

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

Application for an interim ASBO

3.22.2

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

Intimation of an ASBO

3.22.3

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

PART XXIII — ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

Application

3.23.1

This Part applies to appeals to the sheriff principal under sections 22 (appeals from commission) or 26 (appeals by water industry commissioner) of the Ethical Standards in Public Life etc. (Scotland) Act 2000.

Appeals

3.23.2

• (1) An appeal under this Part shall be made by summary application.

• (2) A summary application made under paragraph (1) shall include grounds of appeal stating–

• (a) which of the findings of, or sanction or suspension imposed by, the Standards Commission for Scotland is being appealed;

• (b) reasons why the appeal should be allowed; and

• (c) the date of the sending of that finding, or imposition of that sanction or suspension,

and shall be accompanied by a copy of that finding, sanction or suspension.

Warrant and form of citation

3.23.3

• (1) A warrant for citation in an appeal under this Part shall be in Form 2A, or a form as near thereto as circumstances permit, and shall state–

• (a) the date by which answers should be lodged; and

• (b) the date and time when the appeal will call.

• (2) Citation in respect of a warrant granted under paragraph (1) shall be in Form 3A, or a form as near thereto as circumstances permit.

• (3) Where a party on whom service has been made lodges answers under paragraph (1)(a) that party shall, at the same time, send a copy to the appellant.

PART XXIV — INTERNATIONAL PROTECTION OF ADULTS

Interpretation

3.24.1

In this Part–

• “the Act” means the Adults with Incapacity (Scotland) Act 2000;

• “the Convention” means the Hague Convention of 13th January 2000 on the International Protection of Adults;

• “international measure” means any measure taken under the law of a country other than Scotland for the personal welfare, or the protection of property, of an adult with incapacity, where–jurisdiction in the other country was based on the adult’s habitual residence there; orthe other country and the United Kingdom were when that measure was taken parties to the Convention, and jurisdiction in that other country was based on a ground of jurisdiction in the Convention; and

• “Public Guardian” shall be construed in accordance with section 6 (the public guardian and his functions) of the Act.

Application

3.24.2

• (1) An application to register an international measure under paragraph 8(1) of schedule 3 to the Act shall be by summary application made under this Part.

• (2) The original document making the international measure, or a copy of that document duly certified as such by an officer of the issuing or a requesting body, shall be lodged with an application under paragraph (1), together with (as necessary) an English translation of that document and that certificate.

• (3) Any translation under paragraph (2) must be certified as a correct translation by the person making it, and the certificate must contain the full name, address and qualifications of the translator.

Intimation of application

3.24.3

• (1) The sheriff shall order intimation of an application to register an international measure–

• (a) except where the sheriff is satisfied that the person to whom the international measure relates had an opportunity to be heard in the country where that measure was taken, to that person;

• (b) which if registered would have the effect of placing the adult to whom the international measure relates in an establishment in Scotland, to the–

• (i) Scottish Central Authority; and

• (ii) Mental Welfare Commission;

• (c) to the Public Guardian; and

• (d) to any other person whom the sheriff considers appropriate.

• (2) In this rule–

• (a) “Scottish Central Authority” means an authority–

• (i) designated under Article 28 of the Convention for the purposes of acting as such; or

• (ii) appointed by the Scottish Ministers for the purposes of carrying out the functions to be carried out under schedule 3 of the Act by the Scottish Central Authority, where no authority is designated for the purposes of sub paragraph (i); and

• (b) “Mental Welfare Commission” means the Mental Welfare Commission for Scotland continued in being by section 4 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Notice to the Public Guardian

3.24.4

The sheriff clerk shall within 7 days after the date of an order registering an international measure, provide the Public Guardian with–

• (a) a copy of that order; and

• (b) a copy of the international measure, and of any translation.

Register of recognised foreign measures

3.24.5

• (1) There shall be a register of international measures (“the register”) registered by order under this Part.

• (2) The register shall include–

• (a) the nature of the international measure;

• (b) the date of the international measure;

• (c) the date of the order under this Part granting recognition of the international measure;

• (d) the name and address of–

• (i) the person who applied for recognition of the international measure under this Part;

• (ii) the person in respect of whom the international measure was taken; and

• (iii) if applicable, the person on whom any power is conferred by the international measure; and

• (e) a copy of the international measure, and of any translation.

• (3) The Public Guardian shall maintain the register, and make it available during normal office hours for inspection by members of the public.

• (4) The Public Guardian shall if requested by any person certify that an international measure registered under this Part has been entered in the register.

Place, and privacy, of any hearing

PART XXV — SEXUAL OFFENCES ACT 2003

Interpretation

3.25.1

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

Time limit for service of a notice under section 99(3)

3.25.2

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

Time limit for service of a notice under section 106(11)

3.25.3

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

Time limit for service of a notice under section 116(6)

3.25.4

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

Remit of original process under section 108(1)

3.25.5

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

Remit of original process under section 118(1)

3.25.6

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

PART XXVI — PROTECTION OF CHILDREN (SCOTLAND) ACT 2003

Interpretation

3.26.1

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

Application

3.26.2

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

Provisional inclusion in the list

3.26.3

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

Applications for removal from the list

3.26.4

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

Appeal: inclusion in lists under section 5 or 6 of the Act

3.26.5

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

Appeals: to the sheriff principal or to the Inner House of the Court of Session

3.26.6

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

PART XXVII — ANTISOCIAL BEHAVIOUR ETC. (SCOTLAND) ACT 2004

Interpretation

3.27.1

• (1) In this Part–

• “the Act” means the Antisocial Behaviour etc. (Scotland) Act 2004;

• “ASBO” means an antisocial behaviour order under section 4(1) of the Act;

• “interim ASBO” means an interim ASBO under section 7(2) of the Act;

• “parenting order” means a parenting order under section 13 or 102 of the Act; and

• “the Principal Reporter” means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994.

• (2) Any reference to a section shall, unless the context otherwise requires, be a reference to a section of the Act.

Applications for variation or revocation of ASBOs to be made by minute in the original process

3.27.2

• (1) An application under section 5 (variation and revocation of antisocial behaviour orders) shall be made by minute in the original process of the application for the ASBO in relation to which the variation or revocation is sought.

• (2) Where the person subject to the ASBO is a child, a written statement containing the views of the Principal Reporter on the application referred to in rule 3.27.2(1) shall, where practicable, be lodged with that application.

Application for an interim ASBO

3.27.3

• (1) An application for an interim ASBO shall be made by crave in the initial writ in which an ASBO is sought.

• (2) An application for an interim ASBO once craved shall be moved by motion to that effect.

• (3) The sheriff shall not consider an application for an interim ASBO until after the initial writ has been intimated to the person in respect of whom that application is made and, where that person is a child, a written statement containing the views of the Principal Reporter on that application has been lodged.

Notification of making etc. of ASBOs and interim ASBOs

3.27.4

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

Parenting orders

3.27.5

• (1) Where a sheriff is considering making a parenting order under section 13 (sheriff’s power to make parenting order), the sheriff shall order the applicant for the ASBO to–

• (a) intimate to any parent in respect of whom the parenting order is being considered–

• (i) that the court is considering making a parenting order in respect of that parent;

• (ii) that if that parent wishes to oppose the making of such a parenting order, he or she may attend or be represented at the hearing at which the sheriff considers the making of the parenting order;

• (iii) the place, date and time of the hearing set out in sub-paragraph (a)(ii) above; and

• (iv) that if that parent fails to appear and is not represented at the hearing, a parenting order may be made in respect of the parent; and

• (b) serve on any parent in respect of whom the parenting order is being considered a copy of the initial writ in which the ASBO is sought.

• (2) Any parent in respect of whom a parenting order under section 13 is being considered may be sisted as a party to the action on their own motion, on the motion of either party or by the sheriff of his own motion.

Closure notice

3.27.6

• (1) A closure notice served under section 27 (service etc.) shall be in the form of Form 25 and shall (in addition to the requirements set out in section 27(5))–

• (a) state that it has been authorised by a senior police officer;

• (b) specify the date, time and place of the hearing of the application for a closure order under section 28; and

• (c) state that any person living on or having control of, responsibility for or an interest in the premises to which the closure notice relates who wishes to oppose the application should attend or be represented.

• (2) Certification of service of a copy of the closure notice to all persons identified in accordance with section 27(2)(b) shall be in the form of Form 26.

Application for closure orders

3.27.7

An application to the sheriff for a closure order under section 28 shall be in the form of Form 27.

Application for extension of closure orders

3.27.8

An application to the sheriff for an extension of a closure order under section 32 shall be by minute in the form of Form 28 lodged in the original process of the application for the closure order in relation to which the extension is sought and shall be lodged not less than 21 days before the closure order to which it relates is due to expire.

Application for revocation of closure order

3.27.9

An application to the sheriff for revocation of a closure order under section 33 shall be by minute in the form of Form 29 lodged in the original process of the application for the closure order in relation to which the revocation is sought.

Application for access to premises

3.27.10

An application to the sheriff for an order for access to premises under section 34 shall be by minute in the form of Form 30 lodged in the original process of the application for the closure order in relation to which the access order is sought.

Applications by summary application

3.27.11

An application under section 35 (Reimbursement of expenditure), 63 (Appeal against graffiti removal notice) or 64 (Appeal against notice under section 61(4)) shall be by summary application.

3.27.12

An application under section 71 (Failure to comply with notice: order as to rental income), 74 (Failure to comply with notice: management control order) or 97 (Appeals against notice under section 94) shall be by summary application.

Revocation and suspension of order as to rental income

3.27.13

An application under section 73(2) for the revocation or suspension of an order relating to rental income shall be by minute lodged in the original process of the application for the order relating to rental income in relation to which the order for revocation or suspension is sought.

Revocation of management control order

3.27.14

An application under section 76(1) for the revocation of a management control order shall be by minute lodged in the original process of the application for the management control order in relation to which the order for revocation is sought.

Review of parenting order

3.27.15

• (1) An application under section 105(1) for revocation or variation of a parenting order shall be by minute lodged in the original process of the application for the parenting order in relation to which the order for revocation or variation is sought.

• (2) Where the court that made a parenting order makes an order under section 105(5) that court shall within 4 days transmit the original process relating to the parenting order to the court specified in that order.

Procedural requirements relating to parenting orders

3.27.16

Where the sheriff is considering making a parenting order, or a revocation or variation of a parenting order, and it is practicable, having regard to the age and maturity of the child to–

• (a) give the child an opportunity to indicate whether the child wishes to express views; and

• (b) if the child so wishes, give the child an opportunity to express those views,

the sheriff shall order intimation in the form of Form 31 to the child in respect of whom the order was or is proposed to be made.

3.27.17

Where the sheriff is considering making a parenting order or revoking or varying a parenting order and does not already have sufficient information about the child, the sheriff shall order intimation in the form of Form 32 to the local authority for the area in which the child resides.

Enforcement of local authorities' duties under section 71 of the Children (Scotland) Act 1995

3.27.18

An application under section 71A(2) of the Children (Scotland) Act 1995 by the Principal Reporter shall be by summary application to the sheriff principal of the Sheriffdom in which the principal office of the local authority is situated.

FORM 11C

Form of certificate of completion of pre-action requirements

Rule 3.4.3(2)

FORM 11D

Form of notice to entitled residents in an application for enforcement of security over residential property

Rule 3.4.6

FORM 11E

Form of application to court by entitled resident

Rule 3.4.6 and 3.4.7

FORM 11F

Form of minute for recall of decree

Rule 3.4.8(2)

FORM 11G

Form of intimation where peremptory diet fixed in a recall of decree application

Rule 3.4.8(10)

FORM 12

FORM OF NOTICE TO BE SERVED ON PERSON WHO IS SUBJECT OF HOSPITAL ORDER, GUARDIANSHIP ORDER OR COMMUNITY CARE ORDER PROCEEDINGS.

Rule 3.8.3(1)

FORM 13

FORM OF NOTICE TO RESPONSIBLE MEDICAL OFFICER

Rule 3.8.3(3)

FORM 14

FORM OF CERTIFICATE OF DELIVERY BY RESPONSIBLE MEDICAL OFFICER

Rule 3.8.4(1)(b) and 3.8.4(2)(a)

PART XXVIII — LAND REFORM (SCOTLAND) ACT 2003

Interpretation

3.28.1

In this Part–

• “the Act” means the Land Reform (Scotland) Act 2003.

Public notice of appeal against section 14(2) remedial notice

3.28.2

Where an owner of land appeals by summary application under section 14(4) of the Act against a notice served on him under section 14(2) of the Act, the owner must at the same time as, or as closely in time as practicable to, the lodging of the application, advertise by publication of an advertisement in a newspaper circulating in the area of the land details of the application including details of the notice appealed against.

Restriction on number of persons being party to section 14(4) application

3.28.3

Persons interested in the exercise of access rights over the land to which a summary application under section 14(2) of the Act relates, and persons or bodies representative of such persons, may be parties to the summary application proceedings, but the court may order that any one or more of the persons or bodies who have the same interests and no others, may take an active part in the proceedings.

Public notice and restriction on number of parties to section 15 application

3.28.4

The provisions in rules 3.28.2 and 3.28.3 above apply with necessary modifications to a summary application appealing against a notice served under section 15(2) of the Act.

Public notice and restriction on number of parties to section 28 application

3.28.5

• (1) The provisions in rules 3.28.2 and 3.28.3 above apply with necessary modifications to a summary application for a declaration under section 28(1) or (2) of the Act.

• (2) A summary application under section 28(1) or (2) of the Act may be made at any time.

PART XXX — MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003

Interpretation

3.30.1

In this Part “the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003.

Applications for removal orders

3.30.2

• (1) An application under section 293 of the Act (removal order to place of safety) shall be lodged with the sheriff clerk who shall fix a date for hearing the application.

• (2) An order fixing a hearing shall be intimated in such manner and within such timescales as may be prescribed by the sheriff.

Applications for recall or variation of removal orders

3.30.3

• (1) An application under section 295 of the Act (recall or variation of removal order) shall be lodged with the sheriff clerk who shall fix a date for hearing the application.

• (2) An order fixing a hearing shall be intimated by the sheriff clerk in such manner and within such timescales as may be prescribed by the sheriff.

Remit to Court of Session

3.30.4

• (1) Where the sheriff principal to whom an appeal is made remits the appeal to the Court of Session under section 320 of the Act (appeals), the sheriff clerk shall, within four days after the sheriff principal has pronounced the interlocutor remitting the appeal to the Court of Session, transmit the process to the Deputy Principal Clerk of Session.

• (2) On transmitting the process under paragraph (1), the sheriff clerk shall–

• (a) send written notice of the remit and transmission of the process to each party; and

• (b) certify on the interlocutor sheet that he has done so.

Variation, renewal or discharge of SOPOs

Variation, renewal or discharge of FTOs

Interim SOPOs

3.25.7

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

PART XXIX — RISK OF SEXUAL HARM ORDERS

Interpretation

3.29.1

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

Variation, renewal or discharge of RSHOs

3.29.2

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

Interim RSHOs

3.29.3

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

Service of RSHOs

3.29.4

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

PART XXXI — FOOTBALL BANNING ORDERS

Interpretation

3.31.1

In this Part–

• “the Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006;

• “football banning order” means an order made under section 52(4) of the Act.

Applications for variation or termination of a football banning order

3.31.2

• (1) An application under–

• (a) section 57(1) of the Act for variation of a football banning order; or

• (b) section 58(1) of the Act for termination of a football banning order,

shall be made by minute in the process relating to the football banning order.

• (2) A minute under paragraph (1) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.

PART XXXII — ANIMAL HEALTH AND WELFARE

Interpretation

3.32.1

In this Part–

• “the 1981 Act” means the Animal Health Act 1981; and

• “the 2006 Act” means the Animal Health and Welfare (Scotland) Act 2006.

Interim orders

3.32.2

• (1) An application for an interim order under–

• (a) section 28G(10) of the 1981 Act; or

• (b) section 41(9) of the 2006 Act, or

• (c) section 48(9) of the Animal Welfare Act 2006,

shall be made by crave in the initial writ in which a seizure order is sought.

• (2) An application for an interim order once craved shall be moved by motion to that effect.

Interim orders pending appeal

3.32.3

An application for an interim order under–

• (a) section 28H(2) of the 1981 Act; or

• (b) section 43(5) of the 2006 Act, or

• (c) section 49(5) of the Animal Welfare Act 2006,

where a seizure order is suspended or inexecutable shall be made by motion.

PART XXXIII — The Equality Act 2010

Application and interpretation

3.33.1

• (1) In this Part—

• “the Commission” means the Commission for Equality and Human Rights; and

• “the 2010 Act” means the Equality Act 2010.

• (2) This Part applies to claims made by virtue of section 114(1) of the 2010 Act not including a claim for damages.

Relevant Commission

3.33.2

The applicant shall, except where the applicant is the Commission, send a copy of the initial writ to the Commission by registered or recorded delivery post.

Assessor

3.33.3

• (1) The sheriff may, of his own motion or on the motion of any party, appoint an assessor.

• (2) The assessor shall be a person who the sheriff considers has special qualifications to be of assistance in determining the cause.

Taxation of Commission expenses

3.33.4

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

National security

3.33.5

• (1) Where, on a motion under paragraph(3) or of the sheriff’s own motion, the sheriff considers it expedient in the interests of national security, the sheriff may—

• (a) exclude from all or part of the proceedings—

• (i) the pursuer;

• (ii) the pursuer’s representatives;

• (iii) any assessors;

• (b) permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he or she is excluded;

• (c) take steps to keep secret all or part of the reasons for his or her decision in the proceedings.

• (2) The sheriff clerk shall, on the making of an order under paragraph(1) excluding the pursuer or the pursuer’s representatives, notify the Advocate General for Scotland of that order.

• (3) A party may apply by motion for an order under paragraph(1).

• (4) The steps referred to in paragraph(1)(c) may include the following—

• (a) directions to the sheriff clerk; and

• (b) orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or the pursuer’s representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)—

• (i) on any matter discussed or referred to;

• (ii) with regard to any material disclosed,

during or with reference to any part of the proceedings from which the pursuer or the pursuer’s representatives are excluded.

• (5) Where the sheriff has made an order under paragraph(4)(b), the person appointed to represent the interests of the pursuer may apply by motion for authority to seek instructions from or otherwise communicate with an excluded person.

Applications for time to pay directions or time orders

Live links

2.32

• (1) On cause shown, a party may apply by motion for authority for the whole or part of–

• (a) the evidence of a witness or the party to be given; or

• (b) a submission to be made,

through a live link.

• (2) In paragraph (1)–

• “witness” means a person who has been or may be cited to appear before the court as a witness , except a vulnerable witness within the meaning of section 11(1) of the 2004 Act;

• “submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of a motion; and

• “live link” means a live television link or such other arrangement as may be specified in the motion by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.

Representation

2.33

Where the sheriff fixes a hearing he shall make enquiry whether there is or is likely to be a vulnerable witness within the meaning of section 11(1) of the 2004 Act who is to give evidence at any proof or hearing, consider any child witness notice or vulnerable witness application that has been lodged where no order has been made and consider whether any order under section 12(1) of the 2004 Act requires to be made.

Expenses

2.34

Except where the sheriff otherwise directs, where a vulnerable witness is to give evidence in a hearing of a summary application any child witness notice or vulnerable application relating to the vulnerable witness shall be made in accordance with and regulated by Chapter 45 of the Ordinary Cause Rules.

Enquiry when fixing hearing

Vulnerable witness procedure

Representation

2.35

• (1) A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment.

• (2) The person referred to in paragraph (1) may do everything for the preparation and conduct of an action as may have been done by an individual conducting his own action.

Expenses

2.36

• (1) A party who–

• (a) is or has been represented by a person authorised under any enactment to conduct proceedings in the sheriff court; and

• (b) would have been found entitled to expenses if he had been represented by a solicitor or an advocate,

• May be awarded expenses or outlays to which a party litigant may be found entitled under the Litigants in Person (Costs and Expenses) Act 1975 or any enactment under that Act.

Interventions by the CEHR

2.37

In rules 2.38 to 2.40, “statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment.

Form of intervention

2.38

• (1) This rule applies where an enactment requires a statutory intervener to apply for leave to intervene in proceedings.

• (2) An application for leave to intervene in proceedings is to be by way of minute of intervention in Form 11AA and must set out—

• (a) the name of the statutory intervener and the relevant statutory provisions which confer power on it to intervene;

• (b) where the relevant statutory provisions prescribe conditions which must be satisfied before an application may be made by it or permission to intervene may be granted by the sheriff, how it is considered those conditions are satisfied;

• (c) the issue in the proceedings which the statutory intervener wishes to address;

• (d) the propositions to be advanced by the statutory intervener and the reasons for believing that they are relevant to the proceedings.

• (3) The statutory intervener must—

• (a) send a copy of the minute to all the parties;

• (b) lodge it in process, certifying that sub-paragraph (a) has been complied with.

• (4) Where the relevant statutory provisions prescribe conditions which must be satisfied before leave to intervene may be granted by the sheriff, leave to intervene may only be granted by the sheriff if the sheriff is so satisfied.

• (5) In granting leave, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

• (6) The sheriff clerk is to give written intimation of a grant or refusal of leave to the statutory intervener and all the parties.

• (7) This rule is without prejudice to any other entitlement of a statutory intervener to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so.

Interventions by the SCHR

2.39

• (1) This rule applies where an enactment makes provision for a statutory intervener to be invited by the sheriff to intervene in proceedings.

• (2) Where an enactment requires that the sheriff be satisfied that intervention is likely to assist the sheriff, the sheriff may invite an intervention only if the sheriff is so satisfied.

• (3) An invitation by the sheriff to a statutory intervener to intervene in proceedings is to be in Form 11AB and the sheriff clerk is to send a copy of it to the statutory intervener and all the parties.

• (4) An invitation is to be accompanied by—

• (a) a copy of the pleadings in the proceedings;

• (b) such other documents relating to the proceedings as the sheriff thinks relevant.

• (5) When issuing an invitation, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

Invitations to intervene

2.40

• (1) An intervention by a statutory intervener is to be by way of a written submission which (including any appendices) does not exceed 5000 words.

• (2) The statutory intervener must lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

• (3) The sheriff may in exceptional circumstances—

• (a) allow a longer written submission to be made;

• (b) direct that an oral submission is to be made.

• (4) Where a diet is fixed pursuant to paragraph (3)(b), the sheriff clerk is to give written intimation of the diet to the statutory intervener and all the parties.

Form of intervention

2.41

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

PART XXXIV — LICENSING (SCOTLAND) ACT 2005

Interpretation

3.34.1

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

Application for stated case

3.34.2

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

Adjustment of stated case

3.34.3

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

Lodging of stated case

3.34.4

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

Appointment of hearing

3.34.5

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

Effect of and abandonment of appeal

3.34.6

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

Hearing of appeal

3.34.7

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

Recall of suspension or revocation

3.34.8

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

FORM 15

FORM OF APPEAL FOR REVOCATION OF A COMMUNITY CARE ORDER UNDER SECTION 35F OF THE MENTAL HEALTH (SCOTLAND) ACT 1984

Rule 3.8.11

Application for serial number

3.11.22

• (1) Where a person desiring to appeal wishes to prevent his identity being disclosed he may, before lodging the appeal, apply to the sheriff clerk for a serial number to be assigned to him for all purposes connected with the appeal.

• (2) On receipt of an application for a serial number, the sheriff clerk shall assign such a number to the applicant and shall enter a note of it opposite the name of the applicant in the register of such serial numbers.

• (3) The contents of the register of serial numbers and the names of the persons to whom each number relates shall be treated as confidential by the sheriff clerk and shall not be disclosed to any person other than–

• (a) the sheriff;

• (b) the registration officer whose decision or determination is the subject of the appeal.

• (4) In this rule and in rule 3.11.23 “sheriff clerk” means the sheriff clerk of the sheriff court district in which the appeal is or is to be raised.

Confidentiality

3.11.23

Unless the sheriff otherwise directs, all documents lodged in process of an appeal to which this rule applies are to be available only to the sheriff and the parties; and such documents are to be treated as confidential by all persons involved in, or party to, the proceedings and by the sheriff clerk.

Hearing

3.11.24

The hearing of an appeal to which this rule applies is to be in private.

Caution and Other Security

Intimation to Commission

PART XXXV — ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007

Interpretation

3.35.1

In this Part–

• “the Act” means the Adult Support and Protection (Scotland) Act 2007;

• “the adult at risk” has the same meaning as in section 3 of the Act.

Variation or recall of removal order

3.35.2

• (1) An application under section 17 of the Act (variation or recall of removal order) for variation or recall of a removal order shall be made by minute in the process relating to the removal order.

• (2) A minute under paragraph (1) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.

Applications – banning orders and temporary banning orders

3.35.3

• (1) Where in an application under subsection (1) of section 19 of the Act (banning orders) an order is sought under subsection (2)(a) or (b) of that section there shall, where appropriate and unless the sheriff otherwise directs, be lodged a plan which clearly identifies the area specified in the application.

• (2) An application under section 21 of the Act (temporary banning orders) shall–

• (a) be made by crave in the application for the banning order concerned; and

• (b) once craved, be moved by motion to that effect.

• (3) Where a temporary banning order is granted, the related application for a banning order shall be determined within 6 months of the date of the lodging of that application.

• (4) An application under section 24(1)(a) of the Act (variation or recall of banning order) shall be made by minute in the process relating to the banning order.

• (5) An application under section 24(1)(b) of the Act (variation or recall of temporary banning order) shall be moved by motion to that effect in the process relating to the application for the banning order concerned.

• (6) A minute under paragraph (4) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.

Attachment of power of arrest

3.35.4

• (1) The following documents shall be served under section 25(2) of the Act (powers of arrest) along with a power of arrest:–

• (a) a copy of the application for the order;

• (b) a copy of the interlocutor granting the order and the power of arrest; and

• (c) where the application to attach the power of arrest was made after the order was granted, a copy of the certificate of service of the order.

• (2) The following documents shall be delivered to the chief constable in accordance with section 27(1) of the Act (notification to police):–

• (a) a copy of the application for the order;

• (b) a copy of the interlocutor granting the order;

• (c) a copy of the certificate of service of the order; and

• (d) where the application to attach the power of arrest was made after the order was granted–

• (i) where applicable, a copy of the application for the power of arrest;

• (ii) a copy of the interlocutor granting it; and

• (iii) a copy of the certificate of service of the power of arrest and the documents that required to be served along with it in accordance with section 25(2).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification to adult at risk

3.35.5

Where section 26(1)(b) of the Act (notification to the adult at risk etc. on the variation or recall of a banning order or temporary banning order) applies, the person prescribed for the purposes of section 26(2) is the sheriff clerk.

Certificate of delivery of documents

3.35.6

Where a person is in any circumstances required to comply with section 26(2), 27(1) or 27(2) of the Act he shall, after such compliance, lodge in process a certificate of delivery in Form 34.

Warrants for entry

3.35.7

• (1) An application for a warrant for entry under section 38(2) of the Act (criteria for granting warrants of entry under section 7) shall be in Form 35.

• (2) The application may be granted without a hearing.

Form of appeal to the sheriff principal

3.35.8

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) An application for leave to appeal against an interlocutor of the sheriff granting, or refusing to grant, a temporary banning order under section 51(2) of the Act shall be made within 7 days after the date of the interlocutor concerned.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Privacy of any hearing

3.35.9

The sheriff may, where he considers it appropriate in all the circumstances, appoint that the hearing of an application or other proceedings under this Part shall take place in private.

FORM 16

FORM OF NOTICE TO PERSON WITH INTEREST IN PROPERTY SUBJECT TO AN APPLICATION FOR AN ORDER UNDER PARAGRAPH 12 OF SCHEDULE 1 TO THE PROCEEDS OF CRIME (SCOTLAND) ACT 1995

Rule 3.9.9(b)

FORM 17

Representation of the People Act 1983

Rule 3.11.14(1)

Live links

Representation

Expenses

Interventions by the CEHR

Form of intervention

Interventions by the SCHR

Invitations to intervene

Form of intervention

Notification to adult at risk etc.

Part XXXVI — UK BORDERS ACT 2007

Interpretation

3.36.1

In this Part–

• “the Act” means the UK Borders Act 2007; and

• “an appeal” means an appeal to the sheriff under section 11(1) of the Act.

Appeals

3.36.2

• (1) Subject to paragraph (2), an appeal must be lodged with the sheriff clerk not later than 21 days after the date the penalty notice was received by the appellant.

• (2) Where the appellant has given notice of objection under section 10(1) of the Act, an appeal must be lodged with the sheriff clerk not later than 21 days after the date that notice of the Secretary of State’s decision under section 10(4) of the Act was received by the appellant.

PART XXXVII — EMPLOYMENT TRIBUNALS ACT 1996

Conciliation: recovery of sums payable under compromises

3.37.1

• (1) An application to the sheriff for a declaration under section 19A(4) of the Employment Tribunals Act 1996 shall be made not later than 42 days from the date of issue of the certificate stating that a compromise has been reached.

• (2) An application to the sheriff for a declaration under section 19A(4) of that Act is pending for the purposes of subsection (7) of that section from the date on which it is lodged with the sheriff clerk until the date upon which final judgment on the application has been extracted.

Form of schedule of arrestment on the dependence

2.18A

• (1) An arrestment on the dependence shall be served by serving the schedule of arrestment on the arrestee in Form 10A.

• (2) A certificate of execution shall be lodged with the sheriff clerk in Form 10B.

Arrestment on dependence before service

Movement of arrested property

Transfer to another sheriff court

Applications for time to pay directions or time orders

Applications under the Mortgage Rights (Scotland) Act 2001

Remuneration of assessors

Deposits for expenses

When decrees extractable

Form of extract decree

Form of warrant for execution

Date of decree in extract

Decrees in absence where defender furth of Scotland

Motion procedure

Power of sheriff to make orders

Live links

Enquiry when fixing hearing

Vulnerable witness procedure

Representation

Expenses

Interventions by the CEHR

Form of intervention

Interventions by the SCHR

Invitations to intervene

Form of intervention

FORM 18

Representation of the People Act 1983

Rule 3.11.14(4)

FORM 19

Representation of the People Act 1983

Rule 3.11.15(1)

PARTXXXVIII — Counter-Terrorism Act 2008

Variation, renewal or discharge of foreign travel restriction order

3.38

• (1) Where an application under paragraph9 of Schedule5 to the Counter-Terrorism Act 2008²³ for an order varying, renewing or discharging a foreign travel restriction order is made in a sheriff court other than the sheriff court in which the process relating to the foreign travel restriction order is held—

• (a) the initial writ containing the application shall contain averments as to the sheriff court in which the process relating to the foreign travel restriction order is held;

• (b) the sheriff clerk with whom the application is lodged shall notify the sheriff clerk of the sheriff court in which the process relating to the foreign travel restriction order is held; and

• (c) the sheriff clerk of the sheriff court in which the process relating to the foreign travel restriction order is held shall, not later than 4days after receipt of such notification, transfer the process relating to the foreign travel restriction order to the sheriff clerk of the sheriff court in which the application is made.

• (2) For the purposes of paragraph(1), the sheriff court in which the process relating to the order is held is the sheriff court in which the foreign travel restriction order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.

• (3) A failure of the sheriff clerk to comply with paragraph(1) shall not invalidate the application.

PART XXXIX — PUBLIC HEALTH ETC. (SCOTLAND) ACT 2008

Interpretation

3.39.1

In this Part—

• “the Act” means the Public Health etc. (Scotland) Act 2008;

• “an investigator” means a person appointed under section21 of the Act;

• “health board competent person” has the same meaning as in section124 of the Act,

and words and expressions used in this Part and in the Act shall have the same meaning given in the Act.

Application for a public health investigation warrant

3.39.2

• (1) An application made by an investigator for a warrant under section 27(2) of the Act (public health investigation warrants) shall be in Form 36.

• (2) Where such a warrant is granted by the sheriff it shall be in Form 37.

Application for an order for medical examination

3.39.3

• (1) An application made by a health board for an order under section 34(1) of the Act (order for medical examination) shall be in Form 38.

• (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

• (3) Where an order for a medical examination is granted by the sheriff it shall be in Form39.

• (4) Subject to the requirements of section 34(6)(b)(i) and (ii) of the Act, where an order for a medical examination is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

• (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.

Application for a quarantine order

3.39.4

• (1) An application made by a health board for a quarantine order under section 40(1) of the Act (quarantine orders) shall be in Form 40.

• (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

• (3) Where a quarantine order is granted by the sheriff it shall be in Form 41.

• (4) Subject to the requirements of section 40(6)(b)(i) and (ii) of the Act, where a quarantine order is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

• (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.

Application for a short term detention order

3.39.5

• (1) An application made by a health board for a short term detention order under section 42(1) of the Act (order for removal to and detention in hospital) shall be in Form 42.

• (2) An application made by a health board for a short term detention order under section 43(1) of the Act (order for detention in hospital) shall be in Form 44.

• (3) On receipt of an application mentioned in paragraph (1) or (2), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

• (4) Where a short term detention order is granted by the sheriff under section 42(1) of the Act it shall be in Form 43.

• (5) Where a short term detention order is granted by the sheriff under section 43(1) of the Act it shall be in Form 45.

• (6) Subject to the requirements of sections 42(4)(b)(i) and (ii) and 43(4)(b)(i) and (ii) of the Act, where a short term detention order is granted under section 42(1) or 43(1) of the Act, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

• (7) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (3) and (6) may include intimation or notification by telephone, email or facsimile transmission.

Application for an exceptional detention order

3.39.6

• (1) An application made by a health board for an exceptional detention order under section 45(1) of the Act (exceptional detention order) shall be in Form 46.

• (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

• (3) Where an exceptional detention order is granted by the sheriff it shall be in Form 47.

• (4) Subject to the requirements of section 45(4)(b)(i) and (ii) of the Act, where an exceptional detention order is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

• (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.

Application for extension of a quarantine order, short term detention order or exceptional detention order

3.39.7

• (1) An application made by a health board for an extension to a quarantine order, a short term detention order or an exceptional detention order under section 49(5) of the Act (extension of quarantine and hospital detention orders) shall be in Form 48.

• (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

• (3) Where an order extending a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 49.

• (4) Subject to the requirements of section 49(10)(b)(i) and (ii) of the Act, where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

• (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.

Application for modification of a quarantine order, short term detention order or exceptional detention order

3.39.8

• (1) An application made by a health board for an order modifying a quarantine order, a short term detention order or an exceptional detention order under section 51(1) of the Act (variation of quarantine and hospital detention orders) shall be in Form 50.

• (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

• (3) Where an order modifying a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 51.

• (4) Subject to the requirements of section 51(5)(b)(i) and (ii) of the Act, where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

• (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.

Application for recall of an order granted in the absence of the person to whom it relates

3.39.9

• (1) An application for recall of a quarantine order, a short term detention order or an exceptional detention order under section 59 of the Act (recall of orders granted in absence of persons to whom application relates) shall be in Form 52.

• (2) Subject to section59(6) of the Act, on receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.

• (3) Where an order recalling a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 53.

• (4) Where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.

• (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.

Intimation of applications in relation to a child

3.39.10

• (1) This rule applies where an application is made under this Part and the person who it is proposed will be subject to the order is under 16.

• (2) On receipt of an application mentioned in paragraph (1), the sheriff may, in particular, order intimation of the application to a person who has day-to-day care or control of the person mentioned in paragraph (1).

Intimation of orders on the person to whom they apply

3.39.11

Where a sheriff, in the absence of the person to whom it applies, grants—

• (a) a quarantine order under section40(1) of the Act;

• (b) a short term detention order under section42(1) of the Act;

• (c) an exceptional detention order under section45 of the Act,

and the order is intimated to the person to whom it applies, a copy of Form52 shall be delivered to that person along with the order.

Appeal to the sheriff against an exclusion order or a restriction order

3.39.12

• (1) An appeal to the sheriff under section 61 of the Act (appeal against exclusion orders and restriction orders) in respect of an exclusion order or a restriction order shall be marked by lodging a note of appeal in Form54.

• (2) On the lodging of a note of appeal, the sheriff clerk shall send a copy of the note of appeal to—

• (a) the health board competent person who made the exclusion order or restriction order; and

• (b) the person in relation to whom the order applies, where that person is not the appellant.

• (3) The sheriff shall make such order as he thinks fit in order to dispose of the appeal.

Application for a warrant to enter premises and take steps under Part 5 of the Act

3.39.13

• (1) An application made by a local authority for a warrant under section 78(2) of the Act (warrant to enter and take steps) shall be in Form 55.

• (2) Where such a warrant is granted by the sheriff it shall be in Form 56.

Application for an order for disposal of a body

3.39.14

• (1) An application made by a local authority for an order for the disposal of a body under section 93 of the Act (power of sheriff to order removal to mortuary and disposal) shall be in Form 57.

• (2) Where such an order is granted by the sheriff it shall be in Form 58.

Application for appointment of a single arbiter to determine a dispute in relation to compensation

3.39.15

An application under sections 30(6), 56(5), 57(3), 58(4) or 82(3) of the Act for the appointment of a single arbiter to determine a dispute in relation to compensation may be made by written application in the form of a letter addressed to the sheriff clerk.

FORM 20

Form of notice of an application under the Adults with Incapacity (Scotland) Act 2000

Rule 3.16.4(1)

FORM 21

Form of notice to managers

Rule 3.16.4(3)

FORM 22

Form of certificate of delivery by manager

Rule 3.16.4(4)

FORM 23

Summary application under the Adults with Incapacity (Scotland) Act 2000

Rule 3.16.7(1)

FORM 24

Appeal to the sheriff under the Adults with Incapacity (Scotland) Act 2000

Rule 3.16.7(2)

FORM 25

Antisocial Behaviour etc. (Scotland) Act 2004

CLOSURE NOTICE

Rule 3.27.6(1)

FORM 26

Antisocial Behaviour etc. (Scotland) Act 2004

CERTIFICATION OF SERVICE

Rule 3.27.6(2)

FORM 27

Antisocial Behaviour etc. (Scotland) Act 2004

Rule 3.27.7

FORM 28

Antisocial Behaviour etc. (Scotland) Act 2004

Minute

Application for extension of closure order

Rule 3.27.8

FORM 29

Antisocial Behaviour etc. (Scotland) Act 2004

Minute

Application for revocation of closure order

Rule 3.27.9

FORM 30

Antisocial Behaviour etc. (Scotland) Act 2004

Minute

Application for access to premises in respect of which a closure order is in force

Rule 3.27.10

FORM 31

Antisocial Behaviour etc. (Scotland) Act 2004

Intimation that court may make or revoke or vary a parenting order

Rule 3.27.16

FORM 32

Antisocial Behaviour etc. (Scotland) Act 2004

Form of notice to local authority requesting a report in respect of a child

Rule 3.27.17

FORM 36

Form of application for warrant under section 2 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.2(1)

FORM 34

Form of certificate of delivery of documents under section 26(2), 27(1) or 27(2) of the Adult Support and Protection (Scotland) Act 2007

FORM 35

Form of application for warrant for entry under section 38(2) of the Adult Support and Protection (Scotland) Act 2007

FORM 36

Form of application for warrant under section 2 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.2(1)

FORM 37

Form of warrant for s public health investigation

Rule 3.39.2(2)

FORM 38

Form of application for medical examination of a person under section 34 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.3(1)

FORM 39

Form of order for a medical examination

Rule 3.39.3(3)

FORM 40

Form of application for quarantine order under section 40 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.4(1)

FORM 41

Form of quarantine order

Rule 3.39.4(3)

FORM 42

Form of application to have a person removed to and detained in hospital under section 42 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.5(1)

FORM 43

Form of short term detention order - removal to and detention in hospital

Rule 3.39.5(4)

SECTION 1 — Interpretation

SECTION 2 — Disposal of applications under Part II of the 1970 Act for non-residential purposes

SECTION 3 — Initial writ

3.4.3

• (1) An application for enforcement of security over residential property must include averments that the pre-action requirements have been complied with.

• (2) The pursuer must lodge Form11C with the initial writ.

• (3) The initial writ must specify the name and particulars of all persons known by the pursuer to be entitled residents; and crave warrant for intimation to such persons.

SECTION 4 — Appointment of Hearing

3.4.4

On an application being submitted under rule3.4.3, the sheriff must—

• (a) fix a hearing;

• (b) appoint service and intimation of the initial writ and Form 11C.

SECTION 5 — Answers

3.4.5

• (1) Where a defender opposes an application, the sheriff may order answers to be lodged within such period that the sheriff specifies.

• (2) The answers must—

• (a) specify the name and particulars of all persons known by the defender to be entitled residents who have not already been named in the initial writ; and crave warrant for intimation to such persons; or

• (b) state that to the best of the defender’s knowledge there are no other entitled residents.

SECTION 6 Intimation to known entitled residents

3.4.6

The sheriff must order that a copy of the initial writ together with a notice in Form 11D and Form 11E be intimated to all entitled residents referred to in rules3.4.3(3) and 3.4.5(2)(a).

SECTION 7 — Application to court by entitled residents

3.4.7

• (1) This rule applies to an entitled resident application.

• (2) Such application is to be made by lodging a minute in Form11E in the principal application to which the application relates.

• (3) On a Form 11E being lodged, the sheriff must—

• (a) fix a hearing of the entitled resident application;

• (b) order parties to lodge answers (where the sheriff considers it appropriate to do so) within such period that the sheriff specifies;

• (c) order the applicant to serve upon every party and intimate to every entitled resident—

• (i) a copy of the entitled resident application;

• (ii) a note of the date, time and place of the hearing.

SECTION 8 — Recall of decree

3.4.8

• (1) This rule applies to a recall of decree application.

• (2) Such application is to be made by lodging a minute in Form11F.

• (3) On a Form 11F being lodged, the sheriff clerk must fix a hearing of the recall of decree application.

• (4) Where a hearing has been fixed under paragraph (3) the person seeking recall must, not less than seven days before the date fixed for the hearing, serve upon every party and intimate to every entitled resident—

• (a) a copy of the recall of decree application;

• (b) a note of the date, time and place of the hearing.

• (4A) Where service or intimation under this rule is to be made to a party represented in the cause by a solicitor, a notice sent to such party’s solicitor shall be held to be notice to the party.

• (5) At a hearing fixed under paragraph(3), the sheriff must recall the decree so far as not implemented and the hearing will then proceed as a hearing held under rule3.4.4(a).

• (6) A minute for recall of a decree, when lodged and served or intimated in terms of this rule, will have the effect of preventing any further action being taken to enforce the decree.

• (7) If it appears to the sheriff that there has been any failure or irregularity in service or intimation of the minute for recall of a decree, the sheriff may order re-service or re-intimation of the minute (as the case may be) on such conditions as he or she thinks fit.