Rule 3.16.13 Non-compliance with decisions of guardians with welfare powersF1F2
Where the court is required under section 70(3) of the 2000 Act to intimate an application for an order or warrant in relation to non-compliance with the decision of a guardian with welfare powers, the sheriff clerk shall effect intimation in Form 20 in accordance with paragraphs (2) and (3).
Intimation shall be effected–
where the person is within Scotland, by first class recorded delivery post, or, in the event that intimation by first class recorded delivery post is unsuccessful, by personal service by a sheriff officer; or
where the person is furth of Scotland, in accordance with rule 2.12 (service on persons furth of Scotland).
Such intimation shall include notice of the period within which any objection to the application shall be lodged.
Annotations
Textual amendments
- F1
Ch. 3 Pt. 16 inserted (2.4.2001) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adults with Incapacity) 2001 (S.S.I. 2001/142), paras. 1(1), 3(2)
- F2
Rules 3.16.10-3.16.13 inserted (1.4.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 3) (Adults with Incapacity) 2002 (S.S.I. 2002/146), paras. 1(1), 2(2)(e)