Rule 3.16.8 Subsequent applicationsF1

(1)

F2Unless otherwise prescribed in this Part or under the 2000 Act, any application or proceedings subsequent to an initial application or proceeding considered by the sheriff F3, including an application to renew an existing order, shall take the form of a minute lodged in the process.

(F41ZA)

Where a guardianship order has been made under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, an application to renew it shall be made—

(a)

on the first such application, in Form 23;

(b)

on any subsequent application, in the form of a minute lodged in the process.

(F51A)

Except where the sheriff otherwise directs, F6any minute lodged under this rule shall be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules.

(2)

Where any subsequent application or proceedings under paragraph (1) above are made to a court in another sheriffdom the sheriff clerk shall transmit the court process to the court dealing with the current application or proceeding.

(3)

Transmission of the process in terms of paragraph (2) shall be made within 4 days of it being requested by the sheriff clerk of the court in which the current application or proceedings have been raised.

(F74)

Where the application is for renewal of a guardianship order, F8a copy of any report lodged under section 60 of the 2000 Act shall be served along with the minute.

F9(5)

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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: Words in rule 3.16.8(1) substituted (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)(d)(i)(aa)
F3: Words in rule 3.16.8(1) 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)(d)(i)(bb)
F4: Rule 3.16.8(1ZA) inserted (11.11.2013) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/293), paras. 1(2), 2(4)(a) (with para. 4)
F5: Rule 3.16.8(1A) 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)(d)(ii)
F6: Words in rule 3.16.8(1A) substituted (11.11.2013) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Miscellaneous) 2013 (S.S.I. 2013/293), paras. 1(2), 2(4)(b) (with para. 4)
F7: Rule 3.16.8(4) 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)(d)(iii)
F8: Words in rule 3.16.8(4) substituted (1.4.2008) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) 2008 (S.S.I. 2008/111), paras. 1(1), 3(2)(a)
F9: Rule 3.16.8(5) omitted (25.6.2013) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2013 (S.S.I. 2013/171), paras. 1(2), 2(4) (with para. 6(1))