Rule 3.13 Period of noticeI1

Scotland

(1)

Subject to paragraph (2), citation or notice authorised or required by this Chapter shall be made not later than forty-eight hours, or in the case of postal citation seventy-two hours, before the date of the diet to which the citation or notice relates.

(2)

Paragraph (1) shall not apply in relation to citation or notice of the following applications or proceedings–

F1(a)

an appeal referred to in section 157(1), 160(1), 161(1) or 162(3) of the 2011 Act;

F2(aa)

an appeal under section 44A of the CPSA 1995;

(b)

a hearing in respect of an exclusion order where an interim order has been granted in terms of rule 3.36;

F3(c)

a hearing on an application to vary or terminate a child protection order;

(d)

an application for a child assessment order,

in which cases the period of notice and the method of giving notice shall be as directed by the sheriff.

Annotations

Textual amendments

F1: Rule 3.13(2)(a) substituted (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(16)(a) (with para. 8)
F2: Rule 3.13(2)(aa) inserted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(6)
F3: Rule 3.13(2)(c) substituted (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(16)(b) (with para. 8)

Commencement

I1: Rule 3.13 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)