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

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 2008[^f00024] 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.

• (8) Where the person seeking recall does not appear or is not represented at the hearing for recall, the sheriff will pronounce an interlocutor ordaining that person to appear or be represented at a peremptory diet fixed by the sheriff to state whether or not that person intends to proceed with the person’s defence or application, under certification that if that person fails to do so the sheriff may grant decree or make such other order or finding as the sheriff thinks fit.

• (9) The diet fixed in the interlocutor under paragraph(8) must not be less than 14 days after the date of the interlocutor unless the sheriff otherwise orders.

• (10) The sheriff must appoint a party to intimate to the person seeking recall a copy of the interlocutor and a notice in Form 11G.

• (11) Where a person on whom a notice and interlocutor has been intimated under paragraph (10) fails to appear or be represented at a diet fixed under paragraph (8) and to state his or her intention as required by that paragraph, the sheriff may grant decree of new or make such other order or finding as the sheriff thinks fit.

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

FORM 44

Form of application for a short term detention order under section 43 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.5(2)

FORM 45

Form of short term detention order - detention in hospital

Rule 3.39.5(5)

FORM 46

Form of application for exceptional detention order under section 45 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.6(1)

FORM 47

Form of exceptional detention order

Rule 3.39.6(3)

FORM 48

Form of application for extension of a quarantine order, short term detention order or exceptional detention order under section 49 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.7(1)

Transfer to Employment Tribunal

3.33.6

• (1) On transferring proceedings to an employment tribunal under section140(2) of the 2010 Act, the sheriff —

• (a) shall state his or her reasons for doing so in the interlocutor; and

• (b) may make the order on such conditions as to expenses or otherwise as he or she thinks fit.

• (2) The sheriff clerk must, within 7 days from the date of such order—

• (a) transmit the relevant process to the Secretary of the Employment Tribunals (Scotland);

• (b) notify each party to the proceedings in writing of the transmission under subparagraph(a); and

• (c) certify, by making an appropriate entry on the interlocutor sheet, that he or she has made all notifications required under subparagraph(b).

• (3) Transmission of the process under paragraph(2)(a) will be valid notwithstanding any failure by the sheriff clerk to comply with paragraph(2)(b) and (c).

Transfer from Employment Tribunal

3.33.7

• (1) On receipt of the documentation in proceedings which have been remitted from an employment tribunal under section 140(3) of the 2010 Act, the sheriff clerk must—

• (a) record the date of receipt on the first page of the documentation;

• (b) fix a hearing to determine further procedure not less than 14 days after the date of receipt of the process; and

• (c) forthwith send written notice of the date of the hearing fixed under subparagraph(b) to each party.

• (2) At the hearing fixed under paragraph(1)(b) the sheriff may make such order as he or she thinks fit to secure so far as practicable that the cause thereafter proceeds in accordance with these Rules.

Appeals

3.34

• (1) An appeal under section 131 of the Licensing (Scotland) Act 2005 is to be made by summary application.

• (2) An application under paragraph(1) must be lodged with the sheriff clerk of the sheriff court district in which the principal office of the Licensing Board is situated not later than 21 days after the relevant date.

• (3) In paragraph(2) “relevant date” means—

• (a) the date of the decision of the Licensing Board; or

• (b) where a statement of reasons has been required under section51(2) of the 2005 Act, the date of issue of the statement of reasons.

Interpretation

Application for stated case

Adjustment of stated case

Lodging of stated case

Appointment of hearing

Effect of and abandonment of appeal

Hearing of appeal

Recall of suspension or revocation

Lay support

2.2A

• (1) At any time during proceedings the sheriff may, on the request of a party litigant, permit a named individual to assist the litigant in the conduct of the proceedings by sitting beside or behind (as the litigant chooses) the litigant at hearings in court or in chambers and doing such of the following for the litigant as he or she requires—

• (a) providing moral support;

• (b) helping to manage the court documents and other papers;

• (c) taking notes of the proceedings;

• (d) quietly advising on—

• (i) points of law and procedure;

• (ii) issues which the litigant might wish to raise with the sheriff;

• (iii) questions which the litigant might wish to ask witnesses.

• (2) It is a condition of such permission that the named individual does not receive from the litigant, whether directly or indirectly, any remuneration for his or her assistance.

• (3) The sheriff may refuse a request under paragraph (1) only if—

• (a) the sheriff is of the opinion that the named individual is an unsuitable person to act in that capacity (whether generally or in the proceedings concerned); or

• (b) the sheriff is of the opinion that it would be contrary to the efficient administration of justice to grant it.

• (4) Permission granted under paragraph (1) endures until the proceedings finish or it is withdrawn under paragraph (5); but it is not effective during any period when the litigant is represented.

• (5) The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1); but the sheriff must first be of the opinion that it would be contrary to the efficient administration of justice for the permission to continue.

• (6) Where permission has been granted under paragraph (1), the litigant may—

• (a) show the named individual any document (including a court document); or

• (b) impart to the named individual any information,

which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the named individual is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.

• (7) Any expenses incurred by the litigant as a result of the support of an individual under paragraph (1) are not recoverable expenses in the proceedings.

Relief from failure to comply with rules

The initial writ

Order for intimation to interested persons by sheriff

Time limits

Warrants, forms and certificate of citation

Orders against which caveats may be lodged

Form, lodging and renewal of caveats

Postal service or intimation

Service within Scotland by sheriff officer

Service on persons furth of Scotland

Service where address of person is not known

Persons carrying on business under trading or descriptive name

Endorsation unnecessary

Re-service

No objection to regularity of citation, service or intimation

Service of schedule of arrestment

Form of schedule of arrestment on the dependence

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

PART XL — FORCED MARRIAGE ETC. (PROTECTION AND JURISDICTION) (SCOTLAND) ACT 2011

Interpretation

3.40.1

In this Part (except where the context otherwise requires) references to terms defined in Part 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 have the same meaning here as given there.

Applications for leave for a forced marriage protection order

3.40.2

• (1) This rule applies where leave of the court is required to make an application for a forced marriage protection order.

• (2) Leave shall be sought at the time of presenting the initial writ by letter addressed to the sheriff clerk.

• (3) The letter shall include a statement of—

• (a) the grounds on which leave is sought;

• (b) whether or not the applicant has applied for legal aid.

• (4) Where the applicant has applied for legal aid he or she must also present along with the initial writ written confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002, that notification of the application should be dispensed with or postponed.

• (5) An application under paragraph(2) shall not be served or intimated unless the sheriff otherwise directs.

• (6) The sheriff may hear the pursuer on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate.

• (7) Where leave is granted, a copy of the interlocutor allowing leave must be served upon the defender along with the warrant of citation.

Applications for variation, recall or extension of a forced marriage protection order

3.40.3

• (1) An application for variation, recall or extension of a forced marriage protection order must be made by minute in the process relating to the forced marriage protection order.

• (2) Except where the sheriff otherwise directs, any such minute must be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules.

• (3) Paragraph(4) applies where leave of the court is required under section7(1)(d) or 8(3)(d) of the 2011 Act before an application for variation, or recall or extension of a forced marriage protection order may be made.

• (4) Leave shall be sought at the time of presenting the minute by letter addressed to the sheriff clerk.

• (5) The letter shall include a statement of—

• (a) the grounds on which leave is sought;

• (b) whether or not the applicant has applied for legal aid.

• (6) Where the applicant has applied for legal aid he or she must also present along with the minute confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002[^f00022], that notification of the application should be dispensed with or postponed.

• (7) An application under paragraph(4) shall not be served or intimated unless the sheriff otherwise directs.

• (8) The sheriff may hear the applicant on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate.

• (9) Where leave is granted, a copy of the interlocutor allowing leave must be intimated along with the minute.

Part XLI — REPORTING RESTRICTIONS

Interpretation and application of this Chapter

3.41.1

• (1) This Part applies to orders which restrict the reporting of proceedings.

• (2) In this Part, “interested person” means a person—

• (a) who has asked to see any order made by the sheriff which restricts the reporting of proceedings, including an interim order; and

• (b) whose name is included on a list kept by the Lord President for the purposes of this Part.

Notification of reporting restrictions etc.

3.41.2

• (1) Where the sheriff is considering making an order, the sheriff must first make an interim order.

• (2) ... The sheriff clerk shall immediately send a copy of the interim order to any interested person.

• (3) The sheriff shall specify in the interim order why the sheriff is considering making an order.

Applications for variation or revocation

3.41.3

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

• (2) An interested person who would be directly affected by the making of an order shall have an opportunity to make representations to the sheriff before an order is made.

• (3) Representations shall—

• (a) be made by letter addressed to the sheriff clerk;

• (b) where an urgent hearing is sought, include reasons explaining why an urgent hearing is necessary;

• (c) be lodged no later than 2 days after the interim order is sent to interested persons in accordance with rule 3.41.2(2).

• (4) Where the period for lodging representations expires on a Saturday, Sunday, or public or court holiday, it shall be deemed to expire on the next day on which the sheriff clerk’s office is open for civil court business.

• (5) On representations being made—

• (a) the sheriff shall appoint a date and time for a hearing—

• (i) on the first suitable court day thereafter; or

• (ii) where the sheriff is satisfied that an urgent hearing is necessary, at such earlier date and time as the sheriff may determine;

• (b) the sheriff clerk shall—

• (i) notify the date and time of the hearing to the parties to the proceedings and the person who has made representations; and

• (ii) send a copy of the representations to the parties to the proceedings.

• (6) Where no interested person makes representations in accordance with rule 3.41.3(2), the sheriff clerk shall put the interim order before the sheriff in chambers in order that the sheriff may resume consideration as to whether to make an order.

• (7) Where the sheriff, having resumed consideration under rule 3.41.3(6), makes no order, the sheriff shall recall the interim order.

• (8) Where the court recalls an interim order, the clerk of court shall immediately notify any interested person.

FORM 49

Form of order extending a quarantine order, short term detention order or exceptional detention order

Rule 3.39.7(3)

FORM 50

Form of application for modification of a quarantine order, short term detention order or exceptional detention order under section 51 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.8(1)

Interpretation and application of this Part

Lodging audio or audio-visual recordings of children

2.42

• (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 a summary application, this shall be done in accordance with and regulated by Chapter 50 of the Ordinary Cause Rules.

• (3) A party who has lodged a recording of a child shall—

• (a) within 14 days after the final determination of the application, where no subsequent appeal has been made, or

• (b) within 14 days after the disposal of any appeal made on 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.

PART XLII — REGULATION OF INVESTIGATORY POWERS ACT 2000

Interpretation

3.42.1

In this Part—

• “the 2000 Act” means the Regulation of Investigatory Powers Act 2000;and words and expressions used in this Part and in the 2000 Act shall have the same meaning given in the 2000 Act.

Authorisations requiring judicial approval

3.42.2

• (1) An application under section 23B(1) of the 2000 Act (procedure for judicial approval) for an order under section 23A(2) (authorisations requiring judicial approval)—

• (a) approving the grant or renewal of an authorisation; or

• (b) the giving or renewal of a notice,

shall be in Form 59, which must be signed by a solicitor on behalf of the local authority.

• (2) The application (and any order made in relation to it) must not be intimated to—

• (a) the person to whom the authorisation or notice which is the subject of the application or order relates; or

• (b) such person’s representatives.

• (3) The application must be heard and determined by the sheriff in private.

• (4) Where an application is granted by the sheriff the order shall be in Form 60.

FORM 51

Form of modification of a quarantine order, short term detention order or exceptional detention order

Rule 3.39.8(3)

FORM 52

Form of application for recall of an order granted in the absence of the person to whom it applies under section 59 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.8(3)

CHAPTER 1A — LAY REPRESENTATION

Application and interpretation

1A.1

• (1) This Chapter is without prejudice to any enactment (including any other provision in these Rules) under which provision is, or may be, made for a party to a particular type of case before the sheriff to be represented by a lay representative.

• (2) In this Chapter, a “lay representative” means a person who is not—

• (a) a solicitor;

• (b) an advocate, or

• (c) someone having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Lay representation for party litigants

1A.2

• (1) In any proceedings in respect of which no provision as mentioned in rule1A.1(1) is in force, the sheriff may, on the request of a party litigant, permit a named individual (a “lay representative”) to appear, along with the litigant, at a specified hearing for the purpose of representing the litigant at that hearing.

• (2) An application under paragraph (1)—

• (a) is to be made orally on the date of the first hearing at which the litigant wishes a named individual to represent the litigant; and

• (b) is to be accompanied by a document, signed by the named individual, in FormA1.

• (3) The sheriff may grant an application under paragraph (1) only if the sheriff is of the opinion that it would be in the interests of justice to grant it.

• (4) It is a condition of permission granted by the sheriff that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance.

• (5) The sheriff may grant permission under paragraph (1) in respect of one or more specified hearings in the case; but such permission is not effective during any period when the litigant is legally represented.

• (6) The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1).

• (6A) Where permission is granted under paragraph (1), the lay representative may do anything in the preparation or conduct of the hearing that the litigant may do.

• (7) Where permission has been granted under paragraph (1), the litigant may—

• (a) show the lay representative any document (including a court document); or

• (b) impart to the lay representative any information,

which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the lay representative is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.

• (8) Any expenses incurred by the litigant in connection with lay representation under this rule are not recoverable expenses in the proceedings.

FORM 53

Form of order recalling a quarantine order, short term detention order or exceptional detention order

Rule 3.39.9(3)

FORM 54

Form of note of appeal under section 61 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.12(1)

FORM 55

Form of application for warrant to enter premises and take steps under section 78 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.13(1)

Service of application and renewal proceedings

Detention and realisation of seized property

Discharge or variation of detention order

3.19.20A

An application to the sheriff under section127N(2) (discharge, variation and lapse of detention order) shall be made by minute in the process of the application for an order extending the period for which property may be detained under section127J.

Appeals to the Court of Session

3.19.20B

• (1) This section shall apply to appeals against an interlocutor of the sheriff under the following sections—

• (a) section127O(1) or (2);

• (b) section131C(1), (2) or (4).

• (2) 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 [oraffected person] 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 or her in the appeal.

• (4) The sheriff clerk shall 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 or she has done so.

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

PART XLIII — PROCEEDS OF CRIME ACT 2002 (EXTERNAL INVESTIGATIONS) ORDER 2013

Application of this Part

3.43.1

This Part applies to applications to the sheriff under Part 2 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013.

Applications

3.43.2

• (1) An application under the following provisions shall be made by summary application—

• (a) article 40(1) (production orders);

• (b) article 47(1) (search warrants);

• (c) article 56(1) (customer information orders);

• (d) article 63(1) (account monitoring orders).

• (2) An application under the following provisions shall be made by minute in the process of the original application—

• (a) article 46(2) (discharge or variation of a production order or an order to grant entry);

• (b) article 62(2) (discharge or variation of a customer information order);

• (c) article 67(2) (discharge or variation of an account monitoring order).

• (3) An application under article 42(2) (order to grant entry) shall be made—

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

• (b) where the application is made after a production order is made, by minute in the process of the application for the production order.

PART XLIV — Gender Recognition Act 2004

3.44.1

In this Part,—

• “the 2004 Act” means the Gender Recognition Act 2004;