OpenLegislation

Rule 3.62 ApplicationF1

Scotland

(1)

An application under section 110 of the 2011 Act for a review of a grounds determination made in terms of section 108 of the 2011 Act (determination that grounds for referral established) shall contain—

(a)

the name and address of the applicant and his or her representative (if any);

(b)

the name and address (if known) of the person who is the subject of the grounds determination (even if that person is no longer a child), if not the applicant;

(c)

the name and address of the safeguarder (if any);

(d)

the name and address of the curator ad litem (if any);

(e)

the name and address of any person who is, or was at the time the grounds determination was made, a relevant person in relation to the child, if not the applicant;

(f)

the date and grounds determination made and the place of the sheriff court which made the grounds determination;

(g)

the grounds for the making of the application;

(h)

specification of the nature of evidence in terms of section 111(3) of the 2011 Act not considered by the sheriff who made the grounds determination;

(i)

the explanation for the failure to lead such evidence on the original application; and

(j)

any reports, affidavits and productions upon which the applicant intends to rely.

(2)

Where the applicant does not wish to disclose the address or whereabouts of the child or any other person to persons receiving notice of the application, the applicant shall set out his or her reasons for this.

Annotations

Textual amendments

F1

Rule 3.62 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(54) (with para. 8)

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 X

Textual amendments

F1

Ch. 3 Pt. 10 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(53) (with para. 8)