Paragraph 5 Interim orders: representationsI1

Scotland

(1)

Subparagraph (2) applies where the sheriff has made an interim order.

(2)

An interested person who would be directly affected by the making of an order is to be given an opportunity to make representations to the sheriff before the order is made.

(3)

Representations are to—

(a)

be made in Form S4.5;

(b)

include reasons why an urgent hearing is necessary, if an urgent hearing is sought; and

(c)

be lodged no later than 2 days after the interim order is sent to interested persons.

(4)

If representations are made—

(a)

the sheriff is to appoint a date and time for a hearing—

(i)

on the first suitable court day; or

(ii)

where the sheriff considers that an urgent hearing is necessary, at an earlier date and time;

(b)

the sheriff clerk must—

(i)

notify the date and time of the hearing to the participants to the proceedings and any person who has made representations; and

(ii)

send a copy of the representations to the participants.

(5)

Where no interested person makes representations in accordance with paragraph (3), the sheriff clerk is to put the interim order before the sheriff in chambers in order that the sheriff may resume consideration of whether to make an order.

(6)

Where the sheriff, having resumed consideration, makes no order, the sheriff must recall the interim order.

(7)

Where the sheriff recalls an interim order, the sheriff clerk must immediately notify any interested person.

Annotations

Commencement

I1: Sch. 4 para. 5 in force at 15.6.2017, see rule 1.1(2)