Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019

Document Number:2019 No. 147
Coming into force:Coming into force on the 24/05/2019
 
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Scottish Statutory Instruments

Court Of Session

Sheriff Court

Made

24 th April 2019

Laid before the Scottish Parliament

26 th April 2019

Coming into force

24 th May 2019

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1) , the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.

Citation and commencement, etc.

  1. —(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019.

    (2) It comes into force on 24 th May 2019.

    (3) A certified copy is to be inserted in the Books of Sederunt.

    Amendment of the Rules of the Court of Session 1994

  2. —(1) The Rules of the Court of Session 1994(3) are amended in accordance with this paragraph.

    (2) In rule 97.1 (application and interpretation)(4)—

    (a) in paragraph (1) , after “section 54”, insert “or 54 A(5)”;

    (b) in paragraph (2) , in the definition of “parental order”, after “section 54”, insert “or 54 A”.

    (3) In rule 97.7(4) (protection of identity of petitioners) , after “section 54(6)”, insert “or 54 A(5)”.

    (4) In rule 97.9 (duties of a reporting officer and curator ad litem)(6)—

    (a) in paragraph (1)—

    (i) in sub-paragraph (c) , after “section 54(6)”, insert “or 54 A(5)”;

    (ii) in sub-paragraph (d) , for “(8) of section 54”, substitute “(8 A) of section 54 or subsections (2) to (8) of section 54 A”;

    (b) in paragraph (2)(d) , after “section 54(8)”, insert “or 54 A(7)”;

    (c) in paragraph (5)(b) , after “section 54(6)”, insert “or 54 A(5)”.

    (5) In rule 97.10(1) (agreement) , after “section 54(6)”, insert “or 54 A(5)”.

    (6) In rule 97.11(1) (procedure where child wishes to express a view) , after “section 54(11)”, insert “or 54 A(11)”.

    (7) In the Appendix (forms)—

    (a) in Form 97.3 (form of petition for parental order under section 54 of the Human Fertilisation and Embryology Act 2008)—

    (i) in the heading, after “section 54”, insert “or 54 A”;

    (ii) in the instance, after “section 54”, insert “[or 54 A]”;

    (iii) in the prayer, after “section 54”, insert “[or 54 A]”;

    (iv) in the signing docquet, after “Counsel or other person having a right of audience]”, on the next line, insert—

    ”;

    (v) at the end of the...

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