# Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999, Rule 3.54.5: Interim sexual harm prevention orders or interim sexual risk orders


(1) Subject to paragraph (2), an application for an interim sexual harm prevention order or interim sexual risk order is to be made—
(a) by crave in the initial writ containing the application for a sexual harm prevention order or sexual risk order, as the case may be (“the main application”); or
(b) if an application has already been made, by way of motion.
(2) Where an application for an interim sexual harm prevention order or interim sexual risk order is made in a sheriff court other than the sheriff court in which the main application was lodged—
(a) the application is to be made by summary application;
(b) the initial writ containing the application is to contain averments as to the sheriff court in which the main application was lodged; and
(c) the sheriff clerk with whom the application is lodged is to notify the sheriff clerk of the sheriff court in which the main application was lodged.
(3) There is to be produced with a summary application under paragraph (2) copies of the following documents, certified as correct by the applicant’s solicitor or the sheriff clerk—
(a) the initial writ containing the main application;
(b) any answers to the main application; and
(c) any interlocutors pronounced in the main application.
(4) The sheriff clerk is to send a certified copy of any interlocutor disposing of a summary application under paragraph (2) to the sheriff clerk of the sheriff court in which the main application was lodged.
(5) Rule 3.54.4 (variation, renewal or discharge of sexual harm prevention orders or sexual risk orders) applies for the purpose of an application for an order for variation, renewal or discharge of an interim sexual harm prevention order or interim sexual risk order, subject to any necessary modifications.
(6) A failure of the sheriff clerk to comply with paragraph (2)(c) or (4) does not invalidate the main application or the summary application under paragraph (2).

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Source: https://www.legislation.gov.uk/uksi/1999/929/rule/3.54.5 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999/rule-3.54.5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.