{
  "url": "https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999/rule-3.54.4",
  "json_url": "https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999/rule-3.54.4.json",
  "legislation": "uksi/1999/929",
  "legislation_title": "Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999",
  "path": "rule/3.54.4",
  "kind": "rule",
  "number": "3.54.4",
  "heading": "Variation, renewal or discharge of sexual harm prevention orders or sexual risk orders",
  "text": "(1) Subject to paragraph (2), an application under—\n(a) section 20 (variation, renewal and discharge) of the 2016 Act to vary, renew or discharge a sexual harm prevention order; or\n(b) section 30 (variation, renewal and discharge) of the 2016 Act to vary, renew or discharge a sexual risk order,\nis to be made by minute in the process relating to that order.\n(2) Where an application to vary, renew or discharge a sexual harm prevention order or sexual risk order is made in a sheriff court other than the sheriff court in which the process relating to the order is held—\n(a) the application is to be made by summary application;\n(b) the initial writ containing the application is to contain averments as to the sheriff court in which the process relating to the order is held;\n(c) the sheriff clerk with whom the application is lodged is to notify the sheriff clerk of the sheriff court in which the process relating to the order is held; and\n(d) the sheriff clerk of the sheriff court in which the process relating to the order is held must, not later than 4 days after receipt of such notification, transfer the process relating to the order to the sheriff clerk of the sheriff court in which the application is made.\n(3) For the purposes of paragraph (2), the sheriff court in which the process relating to the order is held is the sheriff court in which the order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.\n(4) Where—\n(a) a minute under paragraph (1) is lodged, the sheriff is to order intimation of the minute;\n(b) a person on whom intimation of a minute under paragraph (1) has been made wishes for a hearing to be held, that person is to—\n(i) give, within 21 days of the date of intimation of the minute, notice under section 20(8) or section 30(7) of the 2016 Act (as the case may be); and\n(ii) lodge answers at the same time and send a copy of them to the minuter;\n(c) no notice of a wish for a hearing under section 20(8) or 30(7) of the 2016 Act has been given to the sheriff within the period of notice contained in the warrant of citation, the minuter may return the minute, together with a duly completed certificate of intimation, to the sheriff clerk requesting the sheriff make an order for further procedure under section 20(7)(b)(i) or (ii) or section 30(6)(b)(i) or (ii) (as the case may be) of the 2016 Act.\n(5) Where an application referred to in paragraph (2) has been made—\n(a) if a person on whom service has been executed wishes for a hearing to be held, that person is to—\n(i) give, within 21 days of the date of service, notice under section 20(8) or 30(7) of the 2016 Act (as the case may be); and\n(ii) lodge answers at the same time and send a copy of them to the applicant;\n(b) if no notice of a wish for a hearing under section 20(8) or 30(7) of the 2016 Act has been given to the sheriff within the period of notice contained in the warrant of citation, the applicant may return the application, together with a duly completed certificate of intimation, to the sheriff clerk requesting the sheriff make an order for further procedure under section 20(7)(b)(i) or (ii) or section 30(6)(b)(i) or (ii) (as the case may be) of the 2016 Act.\n(6) Where paragraph (4)(c) or paragraph (5)(b) applies and the sheriff gives an opportunity to make written representations under section 20(7)(b)(ii) or section 30(6)(b)(ii) of the 2016 Act—\n(a) the sheriff is to specify the period for lodging the written representations with the court; and\n(b) any party lodging written representations is at the same time to intimate a copy of them to any other party.\n(7) If the sexual harm prevention order or sexual risk order to which the application to vary, renew or discharge relates is an order made in England or Wales or is a sexual offences prevention order, a foreign travel order or a risk of sexual harm order made in Northern Ireland under the Sexual Offences Act 2003—\n(a) paragraph (4) does not apply and a first application is to be made by initial writ in Form 1 (form of initial writ); and\n(b) where any subsequent application under sub-paragraph (a) is made, that application is to be made by minute in the process.\n(8) Where paragraph (7) applies the sheriff clerk is to send a certified copy of the interlocutor varying, renewing or discharging (as the case may be) the order to the court which originally imposed that order.\n(9) A failure of the sheriff clerk to comply with paragraph (2) does not invalidate the application.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ch. 3 Pt. 54 inserted (31.3.2023) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Sexual Harm Prevention Orders and Sexual Risk Orders) 2023 (S.S.I. 2023/62), paras. 1(3), 2(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 3.54.4(6) substituted (2.10.2023) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Miscellaneous) 2023 (S.S.I. 2023/196), paras. 1(2), 6(2)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/929/rule/3.54.4",
    "retrieved_at": "2026-10-29T10:53:39.377865+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}