OpenLegislation

Rule 4.2 Applications for registration of Part I order in another courtI1

Scotland

(1)

An application under section 27 of the Act (registration) to register a Part I order made by a sheriff court in an appropriate court shall be made by letter to the sheriff clerk of the court in which the order was made.

(2)

An application under paragraph (1) of this rule shall be accompanied by–

(a)

a copy of the letter of application;

(b)

an affidavit by the applicant;

(c)

a copy of that affidavit;

(d)

a certified copy of the interlocutor making the Part I order and any variation thereto which is still in force; and

(e)

any other document relevant to the application together with a copy of it.

(3)

The affidavit required under this rule shall set out–

(a)

the name and address of the applicant and his right under the Part I order;

(b)

the name and date of birth of the child in respect of whom the Part I order was made, the present whereabouts or suspected whereabouts of the child and the name of any person with whom he is alleged to be;

(c)

the name and address of any other person who has an interest in the Part I order;

(d)

the appropriate court in which it is sought to register the Part I order;

(e)

whether the Part I order is in force;

(f)

whether the Part I order is already registered and, if so, where it is registered; and

(g)

details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the Part I order is to be registered.

Annotations

Commencement

I1

Rule 4.2 in force at 1.4.1997, see rule 1.1(1)