Rule 3.45 Lodging of application, etc.I1

Within a period of 7 days beginning with the date on which the Principal Reporter was directed in terms of section 93(2)(a) or 94(2)(a) of the 2011 Act to make an application to the sheriff, the Principal Reporter shall lodge an application in Form 60 with the sheriff clerk of the sheriff court district in which the child is habitually resident.

Paragraph (1) is subject to the terms of section 102(2) of the 2011 Act.

The sheriff may, on cause shown, remit any application to another sheriff court.

Not later than 28 days after the day on which the application is lodged the sheriff clerk shall fix a hearing on evidence as required under section 101(2) of the 2011 Act.

Where a safeguarder has been appointed by F2... the children’s hearing, the Principal Reporter shall intimate such appointment to the sheriff clerk and shall lodge along with the application any report made by the safeguarder.

Paragraphs (4) to (7) apply where an application under paragraph (1) is made by virtue of section 94(2)(a) of the 2011 Act.

The sheriff may fix a procedural hearing to determine whether or not the section 67 grounds in the statement of grounds are accepted by each relevant person.

Such procedural hearing must take place before the expiry of the period of 7 days beginning with the day on which the application is lodged.

The sheriff shall appoint service and intimation of the procedural hearing as the sheriff thinks fit.

Subject to paragraph (9)(a) and (b), subsequent to the procedural hearing the sheriff may discharge the hearing on evidence and determine the application.

Where paragraph (7) applies the sheriff shall make such orders for intimation as the sheriff thinks fit.

Where—

a hearing on evidence must take place in accordance with rule 3.47.