Statutory Instrument 1996 No. 2167 (S.174)

Act of Sederunt (Family Proceedings in the Sheriff Court) 1996

---

© Crown Copyright 1996

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the Act of Sederunt (Family Proceedings in the Sheriff Court) 1996, ISBN 0110554256. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1996 No. 2167 (S.174)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Family Proceedings in the Sheriff Court) 1996

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 32 of the Sheriff Courts (Scotland) Act 1971^[1], section 91 of the Children (Scotland) Act 1995^[2] and of all other powers enabling them in that behalf, having approved with modifications draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Citation and commencement
    1.—(1)  This Act of Sederunt may be cited as the Act of Sederunt (Family Proceedings in the Sheriff Court) 1996 and shall come into force on 1st November 1996.

    (2)  This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendments to Ordinary Cause Rules 1993
    2.    Schedule 1 to the Sheriff Courts (Scotland) Act 1907^[3] (Ordinary Cause Rules 1993) shall be amended in accordance with the Schedule to this Act of Sederunt.

Amendment to Judicial Factors Rules
    3.    In paragraph 3(1) of the Act of Sederunt (Judicial Factors Rules) 1992^[4]-


(a)  at the end of sub-paragraph (b), omit the word "and";


(b)  at the end of sub-paragraph (c), for the full-stop, substitute "; and"; and


(c)  after sub-paragraph (c), insert the following sub-paragraph:-


"(d)  judicial factors appointed under section 11(2)(g) of the Children (Scotland) Act 1995^[5], except where such appointment is sought in the crave of a family action within the meaning of rule 33.1(1) of the Ordinary Cause Rules 1993." .

Summary applications to appoint or remove guardian under Children (Scotland) Act 1995
    4.    An application for the appointment or removal of a person as a guardian under section 11(2)(h) of the Children (Scotland) Act 1995 (except where such appointment or removal is sought in the crave of a family action within the meaning of rule 33.1(1) of the Ordinary Cause Rules 1993) shall be made by summary application.

Hope of Craighead

Lord President, I.P.D.
Edinburgh,

15th August 1996

[1] 1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1958 (c. 73), Schedule 2, paragraph 12, by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4) and by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2). back

[2] 1995 c. 36. back

[3] 1907 c. 51; Schedule 1 was substituted by S.I. 1993/1956 and amended by S.I 1993/3218. back

[4] S.I. 1992/272, amended by S.I. 1994/2354. back

[5] 1995 c. 36. back

Explanatory Note