Explanatory Note
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends Part XXXV of the Summary Application Rules, which was inserted by the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No. 2) 2008 (S.S.I. 2008/335).
Paragraph (3) of rule 3.35.4 is omitted.
A new rule 3.35.5 is substituted prescribing that in relation to an application for a variation or recall of a banning order or temporary banning order delivery under section 26(2) of the Adult Support and Protection (Scotland) Act 2007 (asp 10) (“the Act”) should be carried out by the sheriff clerk.
Rule 3.35.6 is amended to provide that the requirement to certify delivery of documents applies to delivery under section 26(2) of the Act to the adult at risk and any other person with an interest as specified by the sheriff and to delivery under section 27 of the Act to the chief constable. A new Form 34 (certification of delivery under section 26(2) or 27(1) or (2) of the Act) is substituted.