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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Act of Sederunt (Child Support Rules) Amendment 2001 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010143.html |
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The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971[1] and section 40A(8) of the Child Support Act 1991[2] and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare: Citation, commencement and interpretation 1. - (1) This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules) Amendment 2001 and shall come into force on 2nd April 2001. (2) This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of the Act of Sederunt (Child Support Rules) 1993 2. - (1) The Act of Sederunt (Child Support Rules) 1993[3] shall be amended in accordance with the following paragraphs. (2) In rule 2(1) (application for a liability order), "and Form A" shall be omitted. (3) In rule 5(1) (appeal against a deduction from earnings order), for "Form A" there shall be substituted "Form A1". (4) After rule 5 insert-
5A. - (1) An application under section 39A(1)[4] of the Act of 1991 shall be made by summary application. (2) Citation, where necessary, of a respondent in respect of an application under paragraph (1) shall be in Form 7. Warrant of arrest 5B. - (1) The sheriff may issue a warrant for the arrest of the liable person if-
(b) the sheriff otherwise considers it to be appropriate for the purpose of enabling an inquiry in terms of section 39A(3) of the Act of 1991.
(2) A warrant issued in terms of paragraph (1) shall be in Form 8.
(5) After Form 6 in the Schedule, insert the forms as set out in the Schedule to this Act of Sederunt. (Insert place and date). You [C.D.] are hereby served with this copy writ and warrant, and are required to answer it. YOU MUST APPEAR IN PERSON AT THE HEARING. IF YOU ARE UNCERTAIN AS TO WHAT FURTHER ACTION TO TAKE you should consult a solicitor. You may be eligible for legal aid depending on your income and you can get information about legal aid from a solicitor. You may also obtain advice from any Citizens Advice Bureau or other advice agency. IF YOU HOLD A LICENCE TO DRIVE A MOTOR VEHICLE YOU MUST BRING IT (INCLUDING ANY COUNTERPART TO THAT LICENCE) WITH YOU TO THE HEARING. YOU SHOULD ALSO BRING WITH YOU DOCUMENTARY EVIDENCE OF YOUR FINANCIAL CIRCUMSTANCES AND, TO ASSIST THE COURT TO INQUIRE INTO YOUR MEANS, A COMPLETED FORM 7A ATTACHED. IF YOU DO NOT APPEAR IN PERSON IN ANSWER TO THIS DOCUMENT THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. Signed (signature of sheriff officer) or [X.Y.] (add designation and business address) Solicitor for the Applicant Form of notice to be served on respondent to assist court to inquire into respondent's financial position (to be completed by respondent) Respondent's financial position
Here list all capital (if any) e.g. value of house; amounts in bank or building society accounts; shares or other investments: Here list any outstanding debts: Form of Warrant to Arrest (Insert place and date) The Sheriff,* in respect that the respondent has failed to appear at the hearing after being duly cited, Grants Warrant to Sheriff Officers to apprehend the said (insert name of respondent) and to bring him before the court; Grants Warrant to Governors of HM Prisons to receive and detain the said (insert name of respondent) pending his appearance before the court and, in the event that such a Governor is unable to so receive and detain the said (insert name of respondent) because of the lateness of the hour, requests police officers to assist in the execution of this Warrant by receiving and detaining the said (insert name of respondent) overnight until such hour as the said (insert name of respondent) can be presented at a prison or brought to court; requests all competent courts in England and elsewhere to give their aid and concurrence in carrying into effect this Warrant; appoints execution to proceed upon a certified copy of this interlocutor. (Signed) Sheriff * Delete as appropriate Form of Warrant of Commitment to Prison (Insert place and date) The Sheriff, being satisfied-
(ii) that such amount, or a portion of it, remains unpaid; and (iii) having inquired in the respondent's presence as to his means, that there has been wilful refusal or culpable neglect on his part,
Grants Warrant to all Sheriff Officers to apprehend and convey to the prison of (insert place of prison) the said (insert name of respondent), and to the Governor thereof to receive and detain him for the period of (insert period of up to six weeks) from the date of his imprisonment or until he be sooner discharged in due course of law*. Form of Order of Disqualification from Holding or Obtaining a Driving Licence (Insert place and date) The Sheriff, being satisfied-
(ii) that such amount, or a portion of it remains unpaid; and (iii) having inquired in the respondent's presence as to his means, that there has been wilful refusal or culpable neglect on his part,
Disqualifies the said (insert name of respondent) from holding or obtaining a driving licence for a period of (insert period not exceeding two years) unless the aggregate amount in respect of which this Order is made is paid*.
(c) the insertion of new forms set out in the Schedule to this Act of Sederunt-
[1]
1971 c.58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c.32), section 2(4), the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 18(2), and the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 13, and was extended by sections 39(2) and 49 of the Child Support Act 1991 (c.48).back
[2]
1991 c.48; section 40A was inserted by section 17(2) of the Child Support, Pensions and Social Security Act 2000 (c.19) ("the Act of 2000").back
[4]
Section 39A was inserted by section 16(1) of the Act of 2000.back
[5]
Section 40B was inserted by section 16(3) of the Act of 2000back
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| © Crown copyright 2001 | Prepared 25 April 2001 |
