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

4.  In rule 33.1 (interpretation of Chapter 33)–

(a) for paragraph (1)(h), substitute the following paragraph:–

“(h) an action or application for, or in respect of, an order under section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.), except–

(i) an application for the appointment of a judicial factor mentioned in section 11(2)(g) of the Act of 1995 to which Part I of the Act of Sederunt (Judicial Factors Rules) 1992 applies; and

(ii) an application for the appointment or removal of a person as a guardian mentioned in section 11(2)(h) of the Act of 1995 to which paragraph 4 of the Act of Sederunt (Family Proceedings in the Sheriff Court) 1996 applies;”;

(b) in paragraph (2)–

(i) after the definition of “the Act of 1985”, insert the following definitions:–

““the Act of 1995” means the Children (Scotland) Act 1995;

“contact order” has the meaning assigned in section 11(2)(d) of the Act of 1995;”;

(ii) omit the definition of “child”;

(iii) for the definition of “local authority”, substitute the following definition–

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);”; and

(iv) for the definition of “parental rights”, substitute the following definitions–

““parental responsibilities” has the meaning assigned in section 1(3) of the Act of 1995;

“parental rights” has the meaning assigned in section 2(4) of the Act of 1995;

“residence order” has the meaning assigned in section 11(2)(c) of the Act of 1995;

“section 11 order” means an order under section 11 of the Act of 1995.”;

(c) in paragraph (3), for the word “custody”, substitute the words “section 11 order”.

(1)

1994 c. 39; section 2(2) was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).