Rule 3.40 Variation or recall of an exclusion orderI1
Scotland
Any application for the variation or recall of an exclusion order and any warrant, interdict, order or direction granted or made under section 77 of F1the 1995 Act shall be in Form 57.
After hearing parties and allowing such further procedure as he thinks fit, the sheriff shall make an order granting or refusing the application.
Where an order is made granting the application for variation, that order shall be in Form 58.
Intimation of the granting or refusing of an application shall be given by the applicant to such persons as the sheriff shall direct.
Annotations
Textual amendments
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Words in rule 3.40 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(27)(d) (with para. 8)
Commencement
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Rule 3.40 in force at 1.4.1997, see rule 1.1(1)
Notes on Part CHAPTER 3
Textual amendments
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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)