Rule 3.4 Service on childI1

Scotland

(1)

Subject to rule 3.3 and to paragraph (2), after the issue of the first order or warrant to cite, as the case may be, the applicant shall forthwith serve a copy of the application and first order or warrant to cite on the child, together with a notice or citation in–

(a)

Form 26 in respect of an application for a child assessment order under Part III of this Chapter;

(b)

Form 27 in respect of an application to vary or F1terminate a child protection order in terms of rule 3.33;

(c)

Form 28 in respect of an application for an exclusion order in terms of rules 3.34 to 3.39;

(d)

Form 29 in respect of an application to vary or recall an exclusion order in terms of rule 3.40;

F2(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(f)

subject to subparagraph (g), in Form 31 in respect of an application under section 93(2)(a) or 94(2)(a) of the 2011 Act;

(g)

Form 31A in respect of an application under section 94(2)(a) of the 2011 Act where a procedural hearing has been fixed; and

(h)

Form 31B in respect of an application under section 110(2) of the 2011 Act.

(2)

The sheriff may, on application by the applicant or of his own motion, order that a specified part of the application is not served on the child.

Annotations

Textual amendments

F1: Word in rule 3.4(1)(b) 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(6)(a) (with para. 8)
F2: Rule 3.4(1)(e) 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(6)(b) (with para. 8)
F3: Rule 3.4(1)(f)-(h) substituted for rule 3.4(1)(f) (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(6)(c) (with para. 8)

Commencement

I1: Rule 3.4 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)