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Rule 3.46 Withdrawal of applicationF4I1

Scotland

(1)

At any stage of the proceedings before the application is determined the Principal Reporter may F1withdraw the application, either in whole or in part, by lodging a minute to that effect or by motion at the hearing.

(2)

The Principal Reporter shall intimate such F2withdrawal to–

(a)

the child, except where service on the child has been dispensed with in terms of rule 3.3;

(b)

any relevant person whose whereabouts are known to the Principal Reporter; and

(c)

any safeguarder F3and curator ad litem.

(3)

In the event of withdrawal in whole in terms of paragraph (1), the sheriff shall dismiss the application and discharge the referral.

Annotations

Textual amendments

F1

Word in rule 3.46(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(33)(a) (with para. 8)

F2

Word in rule 3.46(2)(3) 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(33)(b) (with para. 8)

F3

Words in rule 3.46(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(33)(c) (with para. 8)

F4

Rule 3.46 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(33)(d) (with para. 8)

Commencement

I1

Rule 3.46 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)

Notes on Chapter PART VII

Textual amendments

F1

Ch. 3 Pt. 7 heading 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(30) (with para. 8)