{
  "url": "https://openlegislation.uk/act-of-sederunt-child-care-and-maintenance-rules-1997/rule-3.53",
  "json_url": "https://openlegislation.uk/act-of-sederunt-child-care-and-maintenance-rules-1997/rule-3.53.json",
  "legislation": "uksi/1997/291",
  "legislation_title": "Act of Sederunt (Child Care and Maintenance Rules) 1997",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-child-care-and-maintenance-rules-1997",
  "path": "rule/3.53",
  "kind": "rule",
  "number": "3.53",
  "heading": "Form of appeal",
  "text": "(1) This Part applies to appeals to the sheriff under sections 154(1), 160(1), 161(1) and 162(3) of the 2011 Act.\n(1A) An appeal to the sheriff under the sections of the 2011 Act prescribed in paragraph (1B) must be—\n(a) made in the form prescribed in paragraph (1B);\n(b) accompanied by a copy of the decision complained of and any document relevant to it that was before the children’s hearing; and\n(c) lodged with the sheriff clerk of the sheriff court district in which the child is habitually resident or, on cause shown, such other court as the sheriff may direct.\n(1B) The prescribed sections and form of appeal are—\n(a) in the case of an appeal under section 154(1) (appeal to sheriff against decision of children’s hearing), in Form 61;\n(b) in the case of an appeal under section 160(1) (appeal to sheriff against relevant person determination), in Form 62;\n(c) in the case of an appeal under section 161(1) (appeal to sheriff against decision affecting contact or permanence order), in Form 63;\n(d) in the case of an appeal under section 162(3) (appeal to sheriff against decision to implement secure accommodation authorisation), in Form 63A.\n(2) Subject to paragraph (3), the appeal shall be signed by the appellant or his representative.\n(3) An appeal by a child may be signed on his behalf by any safeguarder ....\n(4) Where leave to appeal is required by virtue of section 159(2) of the 2011 Act, such application for leave shall be—\n(a) made by letter addressed to the sheriff clerk setting out the grounds on which the application is made;\n(b) accompanied by a copy of the decision referred to in section 159(2) of the 2011 Act;\n(c) lodged with the sheriff clerk with the relevant form of appeal.\n(5) On receipt of such application the sheriff clerk shall forthwith fix a hearing and intimate the application and the date of the hearing to the other parties to the proceedings.\n(6) Where leave to appeal is granted, the appeal will proceed in accordance with rule 3.54.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Rule 3.53(1)-(1B) substituted for rule 3.53(1) (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(42)(a) (with para. 8)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 3.53(3) 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(42)(b) (with para. 8)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Rule 3.53(4)-(6) 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(42)(c) (with para. 8)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 3.53 in force at 1.4.1997, see rule 1.1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/291/rule/3.53",
    "retrieved_at": "2026-10-29T12:25:57.022825+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}