Rule 3.1 InterpretationI1
Scotland
In this Chapter, unless the context otherwise requires–
F1“1995 Act” means the Children (Scotland) Act 1995 and (except where the context otherwise requires) references to terms defined in that Act have the same meaning here as given there;
“2011 Act” means the Children’s Hearings (Scotland) Act 2011 and (except where the context otherwise requires) references to terms defined in that Act have the same meaning here as given there;
F2“CPSA 1995” means the Criminal Procedure (Scotland) Act 1995 and (except where the context otherwise requires) references to terms defined in that Act have the same meaning here as given there;
F3...
“relevant person” means—
- (aa)
a person referred to in section 200(1) of the 2011 Act or
- (bb)
F4a person deemed a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of the 2011 Act;
- (aa)
“service” includes citation, intimation or the giving of notice as required in terms of this Chapter.
In this Chapter any reference, however expressed, to disputed grounds shall be construed as a reference to a statement of grounds which forms the subject of an application under section 93(2)(a) or 94(2)(a) of the 2011 Act.
Except as otherwise provided, this Chapter applies to applications to the sheriff (including reviews and appeals) under F6the 1995 Act, the 2011 Act or section 44A of the CPSA 1995.
All hearings in respect of applications to the sheriff must be held in private.
Annotations
Textual amendments
- F1
Words in rule 3.1(1) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(3)(a)(i) (with para. 8)
- F2
Words in rule 3.1(1) inserted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(2)(a)
- F3
Words in rule 3.1(1) omitted (24.6.2013) by virtue of Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(3)(a)(ii) (with para. 8)
- F4
Words in rule 3.1(1) substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(2)(b)
- F5
Rule 3.1(2)-(4) substituted for rule 3.1(2) (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(3)(b) (with para. 8)
- F6
Words in rule 3.1(3) substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(2)(c)
Commencement
- I1
Rule 3.1 in force at 1.4.1997, see rule 1.1(1)
Notes on Part CHAPTER 3
Textual amendments
- F1
Ch. 3 heading substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(9)