Section 16 Tutory and curatory.

Scotland

(1)

Subject to subsections (2) and (3) below, an application made after the commencement of this Part for an order relating to the F1guardianshipof a child may be entertained by—

(a)

the Court of Session if, on the date of the application, the pupil or minor is habitually resident in Scotland,

(b)

the sheriff if, on the date of the application, the pupil or minor is habitually resident in the sheriffdom.

(2)

Subsection (1) above shall not apply to an application for the appointment or removal of a F2judicial factor or of a curator bonis or any application made by such factor or curator.

(3)

Subsection (1) above is without prejudice to any other ground of jurisdiction on which the Court of Session or the sheriff may entertain an application mentioned therein.

(4)

Provision may be made by act of sederunt prescribing, in relation to orders relating to the guardianship of a child, what constitutes an application for the purposes of this Chapter.

Annotations

Textual amendments

F1: Words in s. 16(1)(4) substituted (25. 9. 1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss.10(1), 11(2), Sch. 1 para. 45.
F2: Words in s. 16(2) substituted (25. 9. 1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 45.

Notes on Part I

Modifications

C1: Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.