Statutory Instrument 1997 No. 291 (S.19)

      Act of Sederunt (Child Care and Maintenance Rules) 1997

      © Crown Copyright 1997

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STATUTORY INSTRUMENTS

1997 No. 291 (S.19)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Child Care and Maintenance Rules) 1997

  Made 6th February 1997 
  Coming into force 1st April 1997 


ARRANGEMENT OF RULES

CHAPTER 1:

PRELIMINARY
1.1. Citation and commencement
1.2. Interpretation
1.3. Affidavits
1.4. Revocations and transitional provisions

CHAPTER 2:

ADOPTION OF CHILDREN

PART I

GENERAL
2.1. Interpretation
2.2. Expenses
2.3. Intimation to Principal Reporter
2.4. Timetables under section 25A of the Act

PART II

APPLICATION FOR AN ORDER DECLARING A CHILD FREE FOR ADOPTION
2.5. Petition
2.6. Agreement and consents to order freeing child for adoption
2.7. Appointment of curator ad litem and reporting officer
2.8. Duties of reporting officer and curator ad litem
2.9. Procedure where child wishes to express a view
2.10. Declaration made under section 18(6) of the Act
2.11. Hearing
2.12. Confidentiality
2.13. Adoption Register
2.14. Final procedure

PART III

REVOCATION ORDERS, ETC.
2.15. Application for revocation
2.16. Appointment of curator ad litem
2.17. Procedure where child wishes to express a view
2.18. Hearing
2.19. Application to place a child
2.20. Further application with leave of the court

PART IV

ADOPTION ORDERS
2.21. Application for adoption order
2.22. Additional requirements where child to be adopted abroad
2.23. Consents and agreements to adoption orders
2.24. Protection of identity of petitioner
2.25. Appointment of curator ad litem and reporting officer
2.26. Duties of curator ad litem and reporting officer
2.27. Procedure where child wishes to express a view
2.28. Hearing
2.29. Insufficient evidence
2.30. Confidentiality
2.31. Communications to the Registrar General
2.32. Adoption orders
2.33. Final procedure
2.34. Amendment of adoption order
2.35. Revocation of adoption order
2.36. Application for removal of child pending adoption

PART V

PARENTAL RESPONSIBILITIES ORDERS
2.37. Interpretation
2.38. Form of application and agreement
2.39. Appointment of curator ad litem and reporting officer
2.40. Duties of reporting officer and curator ad litem
2.41. Procedure where child wishes to express a view
2.42. Hearing
2.43. Orders
2.44. Variation and discharge of order

PART VI

HUMAN FERTILISATION AND EMBRYOLOGY
2.45. Interpretation
2.46. Form of application and productions
2.47. Confidentiality
2.48. Agreements to parental order
2.49. Orders for evidence
2.50. Protection of identity of petitioners
2.51. Appointment of reporting officer and curator ad litem
2.52. Selection of reporting officer and curator ad litem
2.53. Duties of reporting officer and curator ad litem
2.54. Hearing
2.55. Applications for return, removal or prohibition of removal of child
2.56. Applications to amend, or revoke a direction in, a parental order
2.57. Registration of certified copy interlocutor
2.58. Extract of order
2.59. Final procedure

CHAPTER 3:

CHILDREN (SCOTLAND) ACT 1995

PART I

INTERPRETATION
3.1. Interpretation

PART II

GENERAL RULES

PROCEDURE IN RESPECT OF CHILDREN
3.2. Application
3.3. Power to dispense with service on child
3.4. Service on child
3.5. Procedure where child wishes to express a view

SAFEGUARDERS
3.6. Application
3.7. Appointment of safeguarder
3.8. Rights, powers and duties of safeguarder on appointment
3.9. Provision where safeguarder intimates his intention to become a party to the proceedings
3.10. Provision where safeguarder intimates his intention not to become a party to the proceedings

FIXING OF FIRST HEARING
3.11. Assigning of diet for hearing

SERVICE, CITATION AND NOTICE
3.12. Service and notice to persons named in application
3.13. Period of notice
3.14. Citation of witnesses, parties and persons having an interest
3.15. Modes of service
3.16. Persons who may effect service
3.17. Production of certificates of execution of service
3.18. Power to dispense with service

MISCELLANEOUS
3.19. Expenses
3.20. Record of proceedings
3.21. Representation
3.22. Applications for evidence of children by television link
3.23. Orders and transfer of cases
3.24. Exclusion of certain enactments

PART III

CHILD ASSESSMENT ORDERS
3.25. Interpretation
3.26. Form of application
3.27. Orders
3.28. Intimation

PART IV

CHILD PROTECTION ORDERS
3.29. Interpretation
3.30. Form of application
3.31. Determination of application
3.32. Intimation of making of order
3.33. Application to vary or set aside a child protection order

PART V

EXCLUSION ORDERS
3.34. Interpretation
3.35. Form of application
3.36. Hearing following interim order
3.37. Orders
3.38. Certificates of delivery of documents to chief constable
3.40. Variation or recall of an exclusion order

PART VI

WARRANT FOR FURTHER DETENTION OF A CHILD
3.41. Interpretation
3.42. Form of application
3.43. Orders

PART VII

PROCEDURE IN APPLICATIONS UNDER SECTION 65(7) OR (9) OF THE ACT
3.44. Interpretation
3.45. Lodging of application, etc.
3.46. Abandonment of application
3.47. Hearing of evidence
3.48. Amendment of grounds for referral
3.49. Adjournment for inquiry, etc.
3.50. Power of sheriff in making findings as to offences
3.51. Decision of sheriff
3.52. Signature of warrants

PART VIII

PROCEDURE IN APPEALS UNDER SECTION 51(1) OF THE ACT
3.53. Form of appeal
3.54. Appointment and intimation of first diet
3.55. Answers
3.56. Procedure at hearing of appeal
3.57. Adjournment of appeals
3.58. Decision of sheriff in appeals

PART IX

PROCEDURE IN APPEALS UNDER SECTION 51(11) OF THE ACT
3.59. Appeals
3.60. Lodging of reports and statements with sheriff
3.61. Hearing

PART X

APPLICATION FOR REVIEW OF ESTABLISHMENT OF GROUNDS OF REFERRAL -  NEW EVIDENCE
3.62. Application
3.63. Hearing on application
3.64. Hearing to consider the evidence

CHAPTER 4:

REGISTRATION OF CHILD CUSTODY ORDERS
4.1. Interpretation
4.2. Applications for registration of Part I order in another court
4.3. Transmission of application for registration
4.4. Notification of refusal of application
4.5. Retention of application and related documents
4.6. Cancellation or variation of registered Part I order

CHAPTER 5:

MAINTENANCE ORDERS

PART I

GENERAL
5.1. Interpretation
5.2. Application
5.3. Prescribed officer
5.4. Maintenance Orders Register
5.5. Inspection

PART II

OUTGOING ORDERS UNDER THE 1950 ACT
5.6. Commencement of proceedings
5.7. Application for registration
5.8. Transmission
5.9. Application to adduce evidence
5.10. Re-registration in the High Court
5.11. Transmission for re-registration
5.12. Discharge and variation
5.13. Cancellation of registration

PART III

OUTGOING ORDERS UNDER THE 1972 ACT
5.14. Application for transmission of order for enforcement in a reciprocating country
5.15. Application for transmission of order for enforcement in the Republic of Ireland
5.16. Application for transmission of order to Hague Convention Country
5.17. Service on defender in Hague Convention Country
5.18. Provisional order made with a view to transmission to a reciprocating country
5.19. Evidence adduced prior to confirmation of provisional order
5.20. Provisions in relation to intimation and entering appearance
5.21. Authentication of documents
5.22. Application under section 4 or 5 of the 1972 Act
5.23. Evidence

PART IV

INCOMING ORDERS UNDER THE 1950 ACT
5.24. Registration
5.25. Variation of rate of payment
5.26. Application to adduce evidence
5.27. Discharge and variation
5.28. Cancellation of registration

PART V

INCOMING ORDERS UNDER THE 1972 ACT
5.29. Provisions in relation to intimation and entering appearance
5.30. Authentication of documents
5.31. Application under sections 9 and 20 of the 1972 Act
5.32. Information to be provided where payer has ceased to reside in Scotland
5.33. Evidence
5.34. Intimation of registration of, or of decision not to register, an order made in the Republic of Ireland
5.35. Application to set aside registration of, or to set aside decision not to register, an order made in the Republic of Ireland
5.36. Intimation of registration of, or refusal to register, an order made in a Hague Convention Country
5.37. Application to set aside registration of, or to set aside decision not to register, an order made in a Hague Convention Country

PART VI

INCOMING ORDERS UNDER THE 1982 ACT
5.38. Applications under section 5 of the 1982 Act
5.39. Address of applicant's solicitor for service
5.40. Notice of determination of application
5.41. Appeal by party against whom enforcement is authorised
5.42. Appeal by applicant
5.43. Enforcement of registered order

CHAPTER 6:

APPLICATIONS UNDER THE SOCIAL SECURITY ADMINISTRATION ACT 1992
6.1. Interpretation
6.2. Applications under section 106 of the Act
6.3. Transfer of rights under section 107 of the Act
6.4. Notice to Secretary of State under section 108(5) of the Act
6.5. Notice to Secretary of State of making of maintenance order
  Schedule 1: Forms
  Schedule 2: Revocations
  Schedule 3: Exclusion of Enactments

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 © Crown copyright 1997
Prepared 11 February 1998