Rule 3.40.3 Applications for variation, recall or extension of a forced marriage protection orderF1

An application for variation, recall or extension of a forced marriage protection order must be made by minute in the process relating to the forced marriage protection order.

Except where the sheriff otherwise directs, any such minute must be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules.

Paragraph (4) applies where leave of the court is required under section 7(1)(d) or 8(3)(d) of the 2011 Act before an application for variation, or recall or extension of a forced marriage protection order may be made.

Leave shall be sought at the time of presenting the minute by letter addressed to the sheriff clerk.

The letter shall include a statement of—

Where the applicant has applied for legal aid he or she must also present along with the minute confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002^f1, that notification of the application should be dispensed with or postponed.

An application under paragraph (4) shall not be served or intimated unless the sheriff otherwise directs.

The sheriff may hear the applicant 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 intimated along with the minute.