Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2006

Amendment of Child Care and Maintenance Rules

2.—(1) The Act of Sederunt (Child Care and Maintenance Rules) 1997(1) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 3.65(2) at the end there shall be inserted the following:–

“vulnerable witness application” has the meaning given in section 12(6)(a) of the Act of 2004”.

(3) After rule 3.69(3) there shall be inserted the following:–

“Vulnerable Witness Application

3.69A.   A vulnerable witness application made in accordance with section 12(6)(a) of the Act of 2004 shall be in Form 76A.

3.69B.— (1) The party making a vulnerable witness application shall intimate a copy of the vulnerable witness application to all other parties to the proceedings and to any safeguarder who has been appointed by the court and complete a certificate of intimation.

(2) A certificate of intimation referred to in this rule shall be in Form 76B and shall be lodged together with the vulnerable witness application.

3.69C.— (1) On receipt of a vulnerable witness application a sheriff may–

(a) make an order under section 12(6) of the Act of 2004 without holding a hearing;

(b) require of any of the parties further information before making any further order; or

(c) fix a date for a hearing of the vulnerable witness application and grant warrant to cite witnesses and havers.

(2) The sheriff may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the vulnerable witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

(3) An order fixing a hearing for a vulnerable witness application shall be intimated by the sheriff clerk–

(a) on the day the order is made; and

(b) in such manner as may be prescribed by the sheriff,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.”

(4) In rule 3.72(2)(4), for “child” there shall be substituted “witness”.

(5) In rules 3.73, 3.74 and 3.75(1)(5), after “12(1)” there shall be inserted “,12(6)”.

(6) In Schedule 1–

(a) after Form 76 there shall be inserted the forms set out in the Schedule to this Act of Sederunt;

(b) in Form 77–

(i) in paragraph 3, for “child” there shall be substituted “vulnerable”; and

(ii) for paragraph 6 there shall be substituted the following:–

“6.   C.D. [and [the parent[s] of] or [person[s] with parental responsibility for] [C.D.]] has [or have] expressed the following view[s] on [the special measure[s] that is [or are] considered most appropriate] or [the appropriateness of [C.D.] giving evidence without the benefit of any special measures]:–

• (delete as appropriate and set out the view(s) expressed and how they were obtained); and”

(c) in Form 78, for “child” there shall be substituted “witness”.

(1)

S.I. 1997/291 (S.19); amended by S.S.I. 2005/190.

(2)

Rule 3.65 was inserted by S.S.I. 2005/190.

(3)

Rule 3.69 was inserted by S.S.I. 2005/190.

(4)

Rule 3.72 was inserted by S.S.I. 2005/190.

(5)

Rules 3.73 to 3.75 were inserted by S.S.I. 2005/190.