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Rule 3.33 Application to vary or terminate a child protection orderF8I1

Scotland

(1)

An application under F1section 48 of the 2011 Act for the variation or F2termination of a child protection order F3... shall be made in Form 52.

(2)

A person applying under F4section 48 of the 2011 Act for the variation or F5termination of a child protection order shall require to lodge with his application a copy of that order.

(3)

Without prejudice to rule 3.5, any person on whom service is made F6under section 49 of the 2011 Act may appear or be represented at the hearing of the application.

(4)

F7... The sheriff, after hearing parties and allowing such further procedure as he thinks fit, shall grant or refuse the application.

(5)

Where an order is made granting the application for variation, that order shall be in Form 53.

(6)

Where the sheriff so directs, intimation of the granting or refusing of an application shall be given by the applicant to such person as the sheriff shall direct.

Annotations

Textual amendments

F1

Words in rule 3.33(1) 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(26)(a)(i) (with para. 8)

F2

Word in rule 3.33(1) 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(26)(a)(ii) (with para. 8)

F3

Words in rule 3.33(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(26)(a)(iii) (with para. 8)

F4

Words in rule 3.33(2) 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(26)(b)(i) (with para. 8)

F5

Word in rule 3.33(2) 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(26)(b)(ii) (with para. 8)

F6

Words in rule 3.33(3) 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(26)(c) (with para. 8)

F7

Words in rule 3.33(4) 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(26)(d) (with para. 8)

F8

Rule 3.33 heading substituted (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(26)(e) (with para. 8)

Commencement

I1

Rule 3.33 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)