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Rule 3.53.3 Processing of applicationF1

(1)

On receipt by the court of an application to which this Part applies, it must be placed before the sheriff forthwith.

(2)

Rule 2.5 (order for intimation to interested persons by the sheriff) does not apply to applications to which this Part applies.

(3)

Where—

(a)

under sections 35(2), 43(2) or 62(2) (consideration of need for enquiry or hearing) of the 2019 Act, the sheriff considers it appropriate to enquire or hold a hearing;

(b)

under sections 35(3), 43(3) or 62(3) (consideration of opportunity to make representations) of the 2019 Act, the sheriff considers that any of the persons mentioned in paragraphs (a) to (d) of those subsections should be given an opportunity to make representations,

the sheriff may make such order as the sheriff thinks fit in relation to that.

Annotations

Textual amendments

F1

Ch. 3 Pt. 53 inserted (17.12.2021) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021 (S.S.I. 2021/452), paras. 1(2), 2(2)