Rule 3.63 Hearing on applicationI1

Scotland

F1(1)

Where an application has been lodged in terms of rule 3.62, the sheriff clerk shall—

(a)

assign a diet for hearing the application;

(b)

issue a warrant to cite in Form 65 requiring the Principal Reporter to lodge answers if so advised within such time as the sheriff shall appoint.

(2)

Subject to the provisions of rule 3.4 (service on child), after the issue of the warrant to cite, the applicant shall forthwith give notice of the application by serving a copy and the warrant on the persons named in rule 3.62 F2and such other persons as the sheriff directs.

F3(3)

After hearing parties and having considered the terms of section 111(3) of the 2011 Act and allowing such further procedure as the sheriff thinks fit to secure the expeditious determination of the application, the sheriff shall make an order as appropriate.

(4)

The provisions of rule 3.51 shall apply to any order made under paragraph (3).

Annotations

Textual amendments

F1: Rule 3.63(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(55)(a) (with para. 8)
F2: Words in rule 3.63(2) 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(55)(b) (with para. 8)
F3: Rule 3.63(3)(4) substituted for rule 3.63(3) (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(55)(c) (with para. 8)

Commencement

I1: Rule 3.63 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 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)