Rule 3.79

(1)

On receipt of an admission application, a sheriff may–

F1(a)

grant the admission application in whole or in part;

(b)

require of any of the parties further information before making any further order;

(c)

fix a date for a hearing of the admission application and grant warrant to cite witnesses and havers.

(2)

The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing to which the admission application relates and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

(3)

An order fixing a hearing for an admission application shall be intimated by the sheriff clerk–

(a)

on the day the order is made; and

(b)

in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Annotations

Textual amendments

F1: Rule 3.79(1)(a) 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(65) (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 XIA

Textual amendments

F1: Ch. 3 Pt. 11A 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(62) (with para. 8)