Rule 5.29 Provisions in relation to intimation and entering appearanceI1

Scotland

(1)

Where the 1972 Act provides that on intimation to a payer of the receipt by the court of a provisional order the payer is to enter appearance within a prescribed period, intimation shall be given in Form 67 and the period shall be–

(a)

21 days from the date of posting where the payer is resident in Europe; and

(b)

42 days from the date of posting where the payer is resident outside Europe.

(2)

To enter appearance in terms of section 7(4) or 9(7) of the 1972 Act, the payer shall lodge an application–

(a)

stating that he opposes confirmation of the order; and

(b)

setting forth averments in answer to the case upon which the provisional order was made, supported by appropriate pleas-in-law.

(3)

Where the payer enters appearance in terms of section 7(4) of the 1972 Act, the sheriff shall appoint a diet for the hearing of evidence or make such other order as may be appropriate to enable the court to proceed in accordance with the procedure and practice in ordinary civil proceedings in the sheriff court as if an application for a maintenance order against the payer had been made to it.

(4)

Where the payer enters appearance in terms of section 9(7) of the 1972 Act, the sheriff shall appoint a diet for the hearing of evidence or make such other order as may be appropriate to enable the court to proceed in accordance with the procedure and practice in ordinary civil proceedings in the sheriff court as if an application for the variation of the maintenance order had been made to it.

Annotations

Commencement

I1: Rule 5.29 in force at 1.4.1997, see rule 1.1(1)