Act of Sederunt (Ordinary Cause Rules) Amendment (Child Maintenance and Other Payments Act 2008) 2010
S.S.I. 2010/120 · Made 17 March 2010
Sheriff Court
Made 17th March 2010
Coming into force 6th April 2010
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971f1 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:
Annotations to the whole text
Footnotes
- f1
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1971 c.58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 2, paragraph 12; the Civil Evidence (Scotland) Act 1988 (c.32), section 2(4); the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 18(2); the Adults with Incapacity (Scotland) Act 2000 (asp 4) (the “2000 asp”), schedule 5, paragraph 13; the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43; the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(2); the Consumer Credit Act 2006 (c.14), section 16(4); and the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (the “2007 asp”) section 33. Section 32 is amended prospectively by the 2007 asp, schedule 5, paragraph 10. Section 32 was extended by the Debtors (Scotland) Act 1987 (c.18), section 97; the Child Support Act 1991 (c.48), sections 39(2) and 49; and by section 2(4) of the 2000 asp.
Contents
1Citation and commencement
This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (Child Maintenance and Other Payments Act 2008) 2010 and comes into force on 6th April 2010.
This Act of Sederunt is to be inserted in the Books of Sederunt.
2Amendment of the Ordinary Cause Rules
The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907f1 are amended in accordance with the following subparagraph.
After rule 33.91 (effect of maintenance calculations on extracts relating to aliment)f2 insert—
“Applications to recall or vary an interdict
33.91A.An application under section 32L(11)(b) of the Act of 1991 (orders preventing avoidance)f3 for the variation or recall of an order for interdict is to be made by minute in the process of the action to which the application relates.”.
Signature
A.C. HAMILTON
Lord President
I.P.D.
Edinburgh
17th March 2010
Explanatory note
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Ordinary Cause Rules set out in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 in consequence of the Child Maintenance and Other Payments Act 2008.
Paragraph 2(2) provides that an application under section 32L(11)(b) of the Child Support Act 1991 (as inserted by section 24 of the 2008 Act) to vary or recall an interdict is to be made by minute in the process of the action to which the application relates.