Rule 3.48.3 Variation, renewal or discharge of a trafficking and exploitation risk orderF1
An application under section 29 of the 2015 Act to vary, renew or discharge a trafficking an exploitation risk order is made by minute in the process relating to the application for the order.
A minute under paragraph (1) is made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.
Where an application under section 29 of the 2015 Act to vary, renew or discharge an order is made in a sheriff court other than the sheriff court in which the process relating to the application for the order is held—
it must be made by summary application;
the initial writ containing the application must contain averments as to the sheriff court in which the process relating to the trafficking and exploitation risk order is held;
the sheriff clerk with whom the application is lodged must notify the sheriff clerk of the sheriff court in which the process relating to the trafficking and exploitation risk order is held; and
that sheriff clerk must, not later than 4 days after receipt of such notification transfer the process relating to the trafficking and exploitation risk order to the sheriff clerk of the sheriff court in which the application is made.
For the purposes of paragraph (3), the sheriff court in which the process relating to the order is held is the sheriff court in which the trafficking and exploitation risk order was granted, or where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.
A failure of the sheriff clerk to comply with paragraph (3) shall not invalidate the application.