Rule 3.45.11 Adjustment of incoming protection measureF1
This rule applies for the purpose of an application under Article 11 of the Regulation to adjust the factual elements of an incoming protection measure.
Unless the sheriff considers that a hearing is required, the sheriff may—
dispense with intimation of the application; and
determine the application without a hearing.
Where necessary, the sheriff may grant decree in accordance with Scots law.
The sheriff clerk shall give the person causing the risk notice of the adjustment of the protection measure in accordance with paragraphs (5) to (7).
Where the address of the person causing the risk is known, notice shall be given by sending that peson—
a notice in Form 65;
a copy of the interlocutor adjusting the factual elements of the protection measure.
Where the address of the person causing the risk is outwith the United Kingdom, the sheriff clerk shall send the documents mentioned in paragraph (5) by a registered post service.
Where the address of the person causing the risk is not known, notice shall be given by displaying on the walls of court a notice in Form 66.
An appeal against an interlocutor adjusting the factual elements of an incoming protection measure shall be F2made within 14 days after the date of the interlocutor concerned.
Where—
the sheriff has dispensed with intimation of the application on the person causing the risk; and
the person causing the risk has not appeared in the application,
the time within which the person causing the risk may F3make an appeal shall be reckoned from the date on which notice is given in accordance with paragraph (4).
Annotations
Textual amendments
- F1
Ch. 3 Pt. 45 inserted (11.1.2015) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 3) (Mutual Recognition of Protection Measures) 2014 (S.S.I. 2014/371), paras. 1(2), 4(2)
- F2
Word in rule 3.45.11(8) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 9(8)(a) (with para. 20)
- F3
Word in rule 3.45.11(9) substituted (1.1.2016) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 9(8)(b) (with para. 20)