Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Protection of Children (Scotland) Act 2003) 2004

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt further amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (the “1999 Rules”).

Article 2 inserts a new Part XXVI into Chapter 3 of the 1999 Rules. The new Part provides rules for procedure for appeals to the sheriff under the Protection of Children (Scotland) Act 2003 (the “Act”).

In terms of the Act, the Scottish Ministers shall keep a list of persons they consider unsuitable to work with children. An individual may be provisionally listed pending a final determination by the Scottish Ministers. On being listed, an individual may appeal to the sheriff or (after time, and with leave) ask the sheriff to determine that his or her name should no longer be included in the list.

In the new Part–

(a) rule 3.25.2 provides that applications for extension of time on the provisional list, applications for removal from the list and appeals against determinations under section 5 or 6 of the Act must be by summary application;

(b) rule 3.25.3 provides that the sheriff may consider an application by the Scottish Ministers to extend a provisional listing without intimation to, or representation by, any other person;

(c) rule 3.25.4 provides that a request for leave to seek a determination by the sheriff under section 14(1) of the Act that an individual is no longer unsuitable to work with children shall be combined with the application itself;

(d) rule 3.25.5 provides that an appeal against listing in terms of section 5 or 6 of the Act shall be intimated to the Scottish Ministers; and

(e) rule 3.25.6 provides that an appeal to the sheriff principal under section 15(4) of the Act or to the Inner House of the Court of Session under section 15(6)(a) of the Act shall be intimated to the Scottish Ministers.