Rule 3.40.2 Applications for leave for a forced marriage protection orderF1
This rule applies where leave of the court is required to make an application for a forced marriage protection order.
Leave shall be sought at the time of presenting the initial writ by letter addressed to the sheriff clerk.
The letter shall include a statement of—
the grounds on which leave is sought;
whether or not the applicant has applied for legal aid.
Where the applicant has applied for legal aid he or she must also present along with the initial writ written confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002, that notification of the application should be dispensed with or postponed.
An application under paragraph (2) shall not be served or intimated unless the sheriff otherwise directs.
The sheriff may hear the pursuer on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate.
Where leave is granted, a copy of the interlocutor allowing leave must be served upon the defender along with the warrant of citation.
Annotations
Textual amendments
- F1
Ch. 3 Pt. 40 inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 7(2)