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Act of Sederunt (Child Care and Maintenance Rules) 1997

S.I. 1997/291 · Made 6 February 1997 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2021.

SHERIFF COURT, SCOTLAND

Made 6th February 1997

Coming into force 1st April 1997

The Lords of Council and Session, under and by virtue of the powers conferred on them by sections 17, 20, 22, 23, 24 and 28(1) of the Maintenance Orders Act 1950f1, sections 2(4)(c), 2A(1) and 21(1) of the Maintenance Orders Act 1958f2, section 32 of the Sheriff Courts (Scotland) Act 1971f3, section 59 of the Adoption (Scotland) Act 1978f4 (as modified and applied in relation to parental orders under section 30 of the Human Fertilisation and Embryology Act 1990f5 and applications for such orders by paragraph 15 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994f6), section 48 of the Civil Jurisdiction and Judgments Act 1982f7, sections 27(2), 28(1) and 42(1) of the Family Law Act 1986f8 and section 91 of the Children (Scotland) Act 1995f9 and of all other powers enabling them in that behalf, having approved, with modifications, draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

Annotations to the whole text

Footnotes

f1

1950 c. 37; section 22 was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), Schedule 2, paragraph 14; section 23 was substituted by the Administration of Justice Act 1977 (c. 38), Schedule 3, paragraph 8; section 24 was amended by the Administration of Justice Act 1977, Schedule 3, paragraph 9 and the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedule 12, Part III, paragraph 1(4); section 28(1) contains a relevant definition of “prescribed”.

f2

1958 c. 39; section 2A was inserted by the Civil Jurisdiction and Judgments Act 1982, Schedule 11, Part II, paragraph 6(2); section 21(1) contains a relevant definition of “prescribed”.

f3

1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4) and the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2).

f4

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

f5

1990 c. 37.

f6

S.I. 1994/2804.

f7

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

f8

1986 c. 55; section 42(1) contains a relevant definition of “prescribed”.

f9

1995 c. 36.

Contents

  1. Part CHAPTER 1: PRELIMINARY
  2. 1.1Citation and commencement
  3. 1.2Interpretation
  4. 1.3Affidavits
  5. 1.4Revocations and transitional provisions
  6. 1.5Vulnerable witnesses
  7. 1.6Lodging audio or audio-visual recordings of children
  8. Part CHAPTER 2: ADOPTION OF CHILDREN
  9. Chapter PART I: GENERAL
  10. 2.1Interpretation
  11. 2.2Expenses
  12. 2.3Intimation to Principal Reporter Repealed
  13. 2.4Timetables under section 25A of the Act Repealed
  14. Chapter PART II: APPLICATION FOR AN ORDER DECLARING A CHILD FREE FOR ADOPTION Repealed
  15. 2.5Petition Repealed
  16. 2.6Agreement and consents to order freeing child for adoption Repealed
  17. 2.7Appointment of curator ad litem and reporting officer Repealed
  18. 2.8Duties of reporting officer and curator ad litem Repealed
  19. 2.9Procedure where child wishes to express a view Repealed
  20. 2.10Declaration made under section 18(6) of the Act Repealed
  21. 2.11Hearing Repealed
  22. 2.12Confidentiality Repealed
  23. 2.13Adoption Register Repealed
  24. 2.14Final procedure Repealed
  25. Chapter PART III: REVOCATION ORDERS, ETC. Repealed
  26. 2.15Application for revocation Repealed
  27. 2.16Appointment of curator ad litem Repealed
  28. 2.17Procedure where child wishes to express a view Repealed
  29. 2.18Hearing Repealed
  30. 2.19Application to place a child Repealed
  31. 2.20Further application with leave of the court Repealed
  32. Chapter PART IV: ADOPTION ORDERS Repealed
  33. 2.21Application for adoption order Repealed
  34. 2.22Additional requirements where child to be adopted abroad Repealed
  35. 2.23Consents and agreements to adoption orders Repealed
  36. 2.24Protection of identity of petitioner Repealed
  37. 2.25Appointment of curator ad litem and reporting officer Repealed
  38. 2.26Duties of reporting officer and curator ad litem Repealed
  39. 2.27Procedure where child wishes to express a view Repealed
  40. 2.28Hearing Repealed
  41. 2.29Insufficient evidence Repealed
  42. 2.30Confidentiality Repealed
  43. 2.31Communications to the Registrar General Repealed
  44. 2.32Adoption orders Repealed
  45. 2.33Final procedure Repealed
  46. 2.34Amendment of adoption order Repealed
  47. 2.35Revocation of adoption order Repealed
  48. 2.36Application for removal of child pending adoption Repealed
  49. Chapter PART IVA: CONVENTION ADOPTION ORDERS Repealed
  50. 2.36AInterpretation Repealed
  51. 2.36BApplication for a Convention adoption order Repealed
  52. 2.36CProcess and form of application Repealed
  53. 2.36DApplication of Part IV of Chapter 2 to Convention adoption orders Repealed
  54. 2.36EAppointment of curator ad litem and reporting officer Repealed
  55. 2.36FHearing Repealed
  56. 2.36GCommunications to the Registrar General Repealed
  57. Chapter PART V: PARENTAL RESPONSIBILITIES ORDERS Repealed
  58. 2.37Interpretation Repealed
  59. 2.38Form of application and agreement Repealed
  60. 2.39Appointment of curator ad litem and reporting officer Repealed
  61. 2.40Duties of reporting officer and curator ad litem Repealed
  62. 2.41Procedure where child wishes to express a view Repealed
  63. 2.42Hearing Repealed
  64. 2.43Orders Repealed
  65. 2.44Variation and discharge of order Repealed
  66. Chapter PART VI: HUMAN FERTILISATION AND EMBRYOLOGY
  67. 2.45Interpretation
  68. 2.46Form of application and productions
  69. 2.47Confidentiality
  70. 2.48Orders for evidence
  71. 2.49Protection of identity of petitioners
  72. 2.50Appointment of a curator ad litem and reporting officer
  73. 2.51Duties of reporting officer and curator ad litem
  74. 2.52Agreement
  75. 2.53Procedure where child wishes to express a view
  76. 2.54Hearing
  77. 2.55Applications under sections 22 and 24 of the 2007 Act
  78. 2.56Amendment of parental order
  79. 2.57Communication to the Registrar General
  80. 2.58Extract of order
  81. 2.59Final procedure
  82. 2.60Appeals
  83. Part CHAPTER 3: Children’s hearings, secure accommodation, etc.: application to the sheriff
  84. Chapter PART I: INTERPRETATION
  85. 3.1Interpretation
  86. Chapter PART II: GENERAL RULES
  87. PROCEDURE IN RESPECT OF CHILDREN
  88. 3.2Application of rules 3.3 to 3.5A
  89. 3.3Power to dispense with service on child
  90. 3.3AChild to attend hearing
  91. 3.4Service on child
  92. 3.5Procedure for obtaining a child’s view
  93. 3.5AConfidentiality
  94. SAFEGUARDERS
  95. 3.6Application
  96. 3.7Appointment of safeguarder
  97. 3.8Rights, powers and duties of safeguarder on appointment
  98. 3.9Representation of safeguarder
  99. 3.10Provision where safeguarder intimates his intention not to become a party to the proceedings Repealed
  100. FIXING OF FIRST HEARING
  101. 3.11Assigning of diet for hearing
  102. SERVICE, CITATION AND NOTICE
  103. 3.12Service and notice to persons named in application
  104. 3.13Period of notice
  105. 3.14Citation of witnesses, parties and persons having an interest
  106. 3.15Modes of service
  107. 3.16Persons who may effect service
  108. 3.17Production of certificates of execution of service
  109. 3.18Power to dispense with service
  110. MISCELLANEOUS
  111. 3.19Expenses
  112. 3.20Record of proceedings
  113. 3.21Representation
  114. 3.22Applications for evidence by live link
  115. 3.23Orders and transfer of cases
  116. 3.24Exclusion of certain enactments
  117. Chapter PART III: CHILD ASSESSMENT ORDERS
  118. 3.25Interpretation
  119. 3.26Form of application
  120. 3.27Orders
  121. 3.28Intimation
  122. Chapter PART IV: CHILD PROTECTION ORDERS
  123. 3.29Interpretation
  124. 3.30Form of application
  125. 3.31Determination of application
  126. 3.32Intimation of making of order
  127. 3.33Application to vary or terminate a child protection order
  128. Chapter PART V: EXCLUSION ORDERS
  129. 3.34Interpretation
  130. 3.35Form of application
  131. 3.36Hearing following interim order
  132. 3.37Orders
  133. 3.38Certificates of delivery of documents to chief constable
  134. 3.39Power to make child protection order in an application for an exclusion order
  135. 3.40Variation or recall of an exclusion order
  136. Chapter PART VI: WARRANT FOR FURTHER DETENTION OF A CHILD Repealed
  137. 3.41Interpretation Repealed
  138. 3.42Form of application Repealed
  139. 3.43Orders Repealed
  140. Chapter PART VII: PROCEDURE IN APPLICATIONS UNDER SECTION 93(2)(a) OR 94(2)(a) OF THE 2011 ACT
  141. 3.44Interpretation
  142. 3.45Lodging of application, etc.
  143. 3.46Withdrawal of application
  144. 3.46AExpeditious determination of application
  145. 3.47Hearing on evidence
  146. 3.48Amendment of the statement of grounds
  147. 3.49Adjournment for inquiry, etc.
  148. 3.50Power of sheriff in making findings as to offences
  149. 3.51Decision of sheriff
  150. 3.52Signature of warrants
  151. Chapter PART VIII: PROCEDURE IN APPEALS TO THE SHERIFF AGAINST DECISIONS OF CHILDREN’S HEARINGS
  152. 3.53Form of appeal
  153. 3.54Appointment and intimation of first diet
  154. 3.55Answers
  155. 3.56Procedure at hearing of appeal
  156. 3.57Adjournment or continuation of appeals
  157. 3.58Decision of sheriff in appeals
  158. Chapter PART VIIIA: APPLICATIONS FOR REVIEW BY LOCAL AUTHORITY
  159. 3.58AReview applications by local authority
  160. 3.58BHearing on application
  161. Chapter PART VIIIB: PROCEDURE IN APPEALS TO THE SHERIFF UNDER SECTION 44A OF THE CPSA 1995
  162. 3.58CForm of appeal
  163. 3.58DAppointment and intimation of appeal hearing
  164. 3.58EProcedure at hearing of appeal
  165. 3.58FAdjournment or continuation of appeals
  166. 3.58GDecision of sheriff in appeals
  167. Chapter PART IX: PROCEDURE IN APPEALS BY STATED CASE UNDER PART 15 OF THE 2011 ACT
  168. 3.59Appeals: applications for stated case
  169. 3.60Lodging reports and information in appeals
  170. 3.61Hearing Repealed
  171. 3.61ALeave of the sheriff principal to appeal to the Court of Session Repealed
  172. Chapter PART X: APPLICATIONS FOR REVIEW OF GROUNDS DETERMINATION
  173. 3.62Application
  174. 3.63Hearing on application
  175. 3.64Hearing to consider the evidence Repealed
  176. Chapter PART XA: ORDERS UNDER THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011
  177. 3.64AInterim compulsory supervision order
  178. 3.64BCompulsory supervision order
  179. 3.64CMedical examination order
  180. Chapter PART XI: VULNERABLE WITNESSES (SCOTLAND) ACT 2004
  181. 3.65Interpretation
  182. 3.66Extent of application of this Part
  183. 3.67Child Witness Notice
  184. 3.68Rule 3.68
  185. 3.69Rule 3.69
  186. 3.69AVulnerable Witness Application
  187. 3.69BRule 3.69B
  188. 3.69CRule 3.69C
  189. 3.70Review of arrangements for vulnerable witnesses
  190. 3.71Rule 3.71
  191. 3.72Rule 3.72
  192. 3.73Determination of special measures
  193. 3.74Intimation of an order under section 12(1) or 13(2)
  194. 3.75Lodging audio and audio-visual recordings and documents
  195. 3.76Custody of audio or audio-visual recordings and documents
  196. Chapter PART XIA: CASES INVOLVING SEXUAL BEHAVIOUR
  197. 3.76AInterpretation and application of this Part
  198. 3.77Application for admission of restricted evidence
  199. 3.78Rule 3.78
  200. 3.79Rule 3.79
  201. 3.80Rule 3.80
  202. 3.81Rule 3.81
  203. 3.81ALodging restricted evidence
  204. Part CHAPTER 4: REGISTRATION OF CHILD CUSTODY ORDERS
  205. 4.1Interpretation
  206. 4.2Applications for registration of Part I order in another court
  207. 4.3Transmission of application for registration
  208. 4.4Notification of refusal of application
  209. 4.5Retention of application and related documents
  210. 4.6Cancellation or variation of registered Part I order
  211. Part CHAPTER 5: MAINTENANCE ORDERS
  212. Chapter PART I: GENERAL
  213. 5.1Interpretation
  214. 5.2Application
  215. 5.3Prescribed officer
  216. 5.4Maintenance Orders Register
  217. 5.5Inspection
  218. Chapter PART II: OUTGOING ORDERS UNDER THE 1950 ACT
  219. 5.6Commencement of proceedings
  220. 5.7Application for registration
  221. 5.8Transmission
  222. 5.9Application to adduce evidence
  223. 5.10Re-registration in the High Court
  224. 5.11Transmission for re-registration
  225. 5.12Discharge and variation
  226. 5.13Cancellation of registration
  227. Chapter PART III: OUTGOING ORDERS UNDER THE 1972 ACT
  228. 5.14Application for transmission of order for enforcement in a reciprocating country
  229. 5.15Application for transmission of order for enforcement in the Republic of Ireland Repealed
  230. 5.16Application for transmission of order to Hague Convention Country
  231. 5.16AApplication for transmission of order for enforcement ... in the USA
  232. 5.17Service on defender in Hague Convention Country
  233. 5.17AService of notice of proceedings on payer residing in USA
  234. 5.18Provisional order made with a view to transmission to a reciprocating country
  235. 5.19Evidence adduced prior to confirmation of provisional order
  236. 5.20Provisions in relation to intimation and entering appearance
  237. 5.21Authentication of documents
  238. 5.22Application under section 4 or 5 of the 1972 Act
  239. 5.22ARepresentations or evidence by payer residing in the USA
  240. 5.22BApplication by payer residing in the USA for variation or revocation of order
  241. 5.23Evidence
  242. Chapter PART IV: INCOMING ORDERS UNDER THE 1950 ACT
  243. 5.24Registration
  244. 5.25Variation of rate of payment
  245. 5.26Application to adduce evidence
  246. 5.27Discharge and variation
  247. 5.28Cancellation of registration
  248. Chapter PART V: INCOMING ORDERS UNDER THE 1972 ACT
  249. 5.29Provisions in relation to intimation and entering appearance
  250. 5.30Authentication of documents
  251. 5.31Application under sections 9 and 20 of the 1972 Act
  252. 5.32Information to be provided where payer has ceased to reside in Scotland
  253. 5.33Evidence
  254. 5.34Intimation of registration of, or of decision not to register, an order made in the Republic of Ireland Repealed
  255. 5.35Application to set aside registration of, or to set aside decision not to register, an order made in the Republic of Ireland Repealed
  256. 5.36Intimation of registration of, or refusal to register, an order made in a Hague Convention Country
  257. 5.37Application to set aside registration of, or to set aside decision not to register, an order made in a Hague Convention Country
  258. Chapter PART VI: INCOMING ORDERS UNDER THE 1982 ACT
  259. 5.38Applications under section 5A of the 1982 Act
  260. 5.39Address of applicant’s solicitor for service
  261. 5.40Notice of determination of application
  262. 5.41Appeal by party against whom enforcement is authorised
  263. 5.42Appeal by applicant
  264. 5.43Enforcement of registered order
  265. Chapter PART VII: MAINTENANCE DECISIONS UNDER THE MAINTENANCE REGULATION
  266. 5.44Application for transmission of a Maintenance Decision to another Maintenance Regulation State
  267. 5.45Enforcement of a Maintenance Decision made by a court in a Maintenance Regulation State other than Denmark
  268. Chapter PART VIII: RECOGNITION AND ENFORCEMENT OF MAINTENANCE DECISIONS MADE BY COURTS IN DENMARK ETC.
  269. 5.46Recognition and enforcement of a Maintenance Decision made in Denmark etc.
  270. 5.47Intimation of registration of, or refusal to register, a Maintenance Decision made in Denmark etc.
  271. 5.48Application to set aside registration of, or to set aside decision not to register, a Maintenance Decision made in Denmark etc.
  272. 5.49Sist of proceedings
  273. Part IX: RECOGNITION AND ENFORCEMENT OF CONVENTION MAINTENANCE DECISIONS
  274. 5.50Application for transmission of Convention Maintenance Decision to a Contracting State
  275. 5.51Intimation of registration of, or refusal to register, a Convention Maintenance Decision
  276. Part CHAPTER 6: APPLICATIONS UNDER THE SOCIAL SECURITY ADMINISTRATION ACT 1992
  277. 6.1Interpretation
  278. 6.2Applications under section 106 of the Act
  279. 6.3Transfer of rights under section 107 of the Act
  280. 6.4Notice to Secretary of State under section 108(5) of the Act
  281. 6.5Notice to Secretary of State of making of maintenance order
  282. Signature
  283. Schedule 1Schedule 1
  284. Schedule 2REVOCATIONS
  285. Schedule 3EXCLUSION OF ENACTMENTS
  286. Explanatory note