Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019

Amendment of the Act of Sederunt (Child Care and Maintenance Rules) 1997

3.—(1) The Act of Sederunt (Child Care and Maintenance Rules) 1997(1) is amended in accordance with this paragraph.

(2) In rule 2.45 (interpretation)(2), in the definition of “parental order”, after “section 54”, insert “or 54A(5)”.

(3) In rule 2.49(4) (protection of identity of petitioners), after “section 54(6)”, insert “or 54A(5)”.

(4) In rule 2.51 (duties of reporting officer and curator ad litem)(3)—

(a) in paragraph (1)—

(i) in sub-paragraph (c), after “section 54(6)”, insert “or 54A(5)”;

(ii) in sub-paragraph (d), for “(8) of section 54”, substitute “(8A) of section 54 or subsections (2) to (8) of section 54A”;

(b) in paragraph (2)(d), after “section 54(8)”, insert “or 54A(7)”;

(c) in paragraph (5)(b), after “section 54(6)”, insert “or 54A(5)”.

(5) In rule 2.52(1) (agreement), after “section 54(6)”, insert “or 54A(5)”.

(6) In rule 2.53(1) (procedure where child wishes to express a view), after “section 54(11)”, insert “or 54A(11)”.

(7) In schedule 1 (forms)—

(a) in Form 22 (form of petition for parental order under section 54 of the Human Fertilisation and Embryology Act 2008)(4)—

(i) in the heading, after “SECTION 54”, insert “OR 54A”;

(ii) in the instance, after “section 54”, insert “[or 54A]”;

(iii) in crave 4, after “section 54”, insert “[or 54A]”;

(iv) at the end of the form, insert—

“

”;

(b) in Form 23 (form of agreement to a parental order under section 54(6) of the Human Fertilisation and Embryology Act 2008)—

(i) in the heading, after “SECTION 54(6)”, insert “OR 54A(5)”;

(ii) at the end of the form, insert—

“

”;

(c) in Form 24 (form of intimation of diet of the hearing of application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008)—

(i) in the heading, after “SECTION 54”, insert “OR 54A”;

(ii) after “section 54”, insert “or 54A”;

(iii) after “the petitioners”, insert “[or petitioner]”;

(iv) at the end of the form, insert—

“

”.

(1)

S.I. 1997/291, last amended by S.S.I. 2016/194.

(2)

Part VI of Chapter 2 was substituted, and associated forms inserted, by S.S.I. 2010/137.

(3)

Rules 2.51 and 2.52 were amended by S.S.I. 2010/279.

(4)

Form 22 was amended by S.S.I. 2012/188.