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Act of Sederunt (Child Care and Maintenance Rules) 1997

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  1. Introductory Text

  2. CHAPTER 1 PRELIMINARY

    1. 1.1. Citation and commencement

    2. 1.2. Interpretation

    3. 1.3. Affidavits

    4. 1.4. Revocations and transitional provisions

  3. CHAPTER 2 ADOPTION OF CHILDREN

    1. PART I GENERAL

      1. 2.1. Interpretation

      2. 2.2. Expenses

      3. 2.3. Intimation to Principal Reporter

      4. 2.4. Timetables under section 25A of the Act

    2. PART II APPLICATION FOR AN ORDER DECLARING A CHILD FREE FOR ADOPTION

      1. 2.5. Petition

      2. 2.6. Agreement and consents to order freeing child for adoption

      3. 2.7. Appointment of curatorad litem and reporting officer

      4. 2.8. Duties of reporting officer and curatorad litem

      5. 2.9. Procedure where child wishes to express a view

      6. 2.10. Declaration made under section 18(6) of the Act

      7. 2.11. Hearing

      8. 2.12. Confidentiality

      9. 2.13. Adoption Register

      10. 2.14. Final procedure

    3. PART III REVOCATION ORDERS, ETC.

      1. 2.15. Application for revocation

      2. 2.16. Appointment of curatorad litem

      3. 2.17. Procedure where child wishes to express a view

      4. 2.18. Hearing

      5. 2.19. Application to place a child

      6. 2.20. Further application with leave of the court

    4. PART IV ADOPTION ORDERS

      1. 2.21. Application for adoption order

      2. 2.22. Additional requirements where child to be adopted abroad

      3. 2.23. Consents and agreements to adoption orders

      4. 2.24. Protection of identity of petitioner

      5. 2.25. Appointment of curatorad litem and reporting officer

      6. 2.26. Duties of reporting office and curatorad litem

      7. 2.27. Procedure where child wishes to express a view

      8. 2.28. Hearing

      9. 2.29. Insufficient evidence

      10. 2.30. Confidentiality

      11. 2.31. Communications to the Registrar General

      12. 2.32. Adoption orders

      13. 2.33. Final procedure

      14. 2.34. Amendment of adoption order

      15. 2.35. Revocation of adoption order

      16. 2.36. Application for removal of child pending adoption

    5. PART V PARENTAL RESPONSIBILITIES ORDERS

      1. 2.37. Interpretation

      2. 2.38. Form of application and agreement

      3. 2.39. Appointment of curatorad litem and reporting officer

      4. 2.40. Duties of reporting officer and curatorad litem

      5. 2.41. Procedure where child wishes to express a view

      6. 2.42. Hearing

      7. 2.43. Orders

      8. 2.44. Variation and discharge of order

    6. PART VI HUMAN FERTILISATION AND EMBRYOLOGY

      1. 2.45. Interpretation

      2. 2.46. Form of application and productions

      3. 2.47. Confidentiality

      4. 2.48. Agreements to parental order

      5. 2.49. Orders for evidence

      6. 2.50. Protection of identity of petitioners

      7. 2.51. Appointment of reporting officer and curatorad litem

      8. 2.52. Selection of reporting officer and curatorad litem

      9. 2.53. Duties of reporting officer and curatorad litem

      10. 2.54. Hearing

      11. 2.55. Applications for return, removal or prohibition of removal of child

      12. 2.56. Applications to amend, or revoke a direction in, a parental order

      13. 2.57. Registration of certified copy interlocutor

      14. 2.58. Extract of order

      15. 2.59. Final procedure

  4. CHAPTER 3 CHILDREN (SCOTLAND) ACT 1995

    1. PART I INTERPRETATION

      1. 3.1. Interpretation

    2. PART II GENERAL RULES PROCEDURE IN RESPECT OF CHILDREN

      1. 3.2. Application

      2. 3.3. Power to dispense with service on child

      3. 3.4. Service on child

      4. 3.5. Procedure where child wishes to express a view

    3. SAFEGUARDERS

      1. 3.6. Application

      2. 3.7. Appointment of safeguarder

      3. 3.8. Rights, powers and duties of safeguarder on appointment

      4. 3.9. Provision where safeguarder intimates his intention to become a party to the proceedings

      5. 3.10. Provision where safeguarder intimates his intention not to become a party to the proceedings

    4. FIXING OF FIRST HEARING

      1. 3.11. Assigning of diet for hearing

    5. SERVICE, CITATION AND NOTICE

      1. 3.12. Service and notice to persons named in application

      2. 3.13. Period of notice

      3. 3.14. Citation of witnesses, parties and persons having an interest

      4. 3.15. Modes of service

      5. 3.16. Persons who may effect service

      6. 3.17. Production of certificates of execution of service

      7. 3.18. Power to dispense with service

    6. MISCELLANEOUS

      1. 3.19. Expenses

      2. 3.20. Record of proceedings

      3. 3.21. Representation

      4. 3.22. Applications for evidence of children by television link

      5. 3.23. Orders and transfer of cases

      6. 3.24. Exclusion of certain enactments

    7. PART III CHILD ASSESSMENT ORDERS

      1. 3.25. Interpretation

      2. 3.26. Form of application

      3. 3.27. Orders

      4. 3.28. Intimation

    8. PART IV CHILD PROTECTION ORDERS

      1. 3.29. Interpretation

      2. 3.30. Form of application

      3. 3.31. Determination of application

      4. 3.32. Intimation of making of order

      5. 3.33. Application to vary or set aside a child protection order

    9. PART V EXCLUSION ORDERS

      1. 3.34. Interpretation

      2. 3.35. Form of application

      3. 3.36. Hearing following interim order

      4. 3.37. Orders

      5. 3.38. Certificates of delivery of documents to chief constable

      6. 3.39. Power to make child protection order in an application for an exclusion order

      7. 3.40. Variation or recall of an exclusion order

    10. PART VI WARRANT FOR FURTHER DETENTION OF A CHILD

      1. 3.41. Interpretation

      2. 3.42. Form of application

      3. 3.43. Orders

    11. PART VII PROCEDURE IN APPLICATIONS UNDER SECTION 65(7) OR (9) OF THE ACT

      1. 3.44. Interpretation

      2. 3.45. Lodging of application, etc.

      3. 3.46. Abandonment of application

      4. 3.47. Hearing of evidence

      5. 3.48. Amendment of grounds for referral

      6. 3.49. Adjournment for inquiry, etc.

      7. 3.50. Power of sheriff in making findings as to offences

      8. 3.51. Decision of sheriff

      9. 3.52. Signature of warrants

    12. PART VIII PROCEDURE IN APPEALS UNDER SECTION 51(1) OF THE ACT

      1. 3.53. Form of appeal

      2. 3.54. Appointment and intimation of first diet

      3. 3.55. Answers

      4. 3.56. Procedure at hearing of appeal

      5. 3.57. Adjournment of appeals

      6. 3.58. Decision of sheriff in appeals

    13. PART IX PROCEDURE IN APPEALS UNDER SECTION 51(11) OF THE ACT

      1. 3.59. Appeals

      2. 3.60. Lodging of reports and statements with sheriff

      3. 3.61. Hearing

    14. PART X APPLICATION FOR REVIEW OF ESTABLISHMENT OF GROUNDS OF REFERRAL—NEW EVIDENCE

      1. 3.62. Application

      2. 3.63. Hearing on application

      3. 3.64. Hearing to consider the evidence

  5. CHAPTER 4 REGISTRATION OF CHILD CUSTODY ORDERS

    1. 4.1. Interpretation

    2. 4.2. Applications for registration of Part I order in another court

    3. 4.3. Transmission of application for registration

    4. 4.4. Notification of refusal of application

    5. 4.5. Retention of application and related documents

    6. 4.6. Cancellation or variation of registered Part I order

  6. CHAPTER 5 MAINTENANCE ORDERS

    1. PART I GENERAL

      1. 5.1. Interpretation

      2. 5.2. Application

      3. 5.3. Prescribed officer

      4. 5.4. Maintenance Orders Register

      5. 5.5. Inspection

    2. PART II OUTGOING ORDERS UNDER THE 1950 ACT

      1. 5.6. Commencement of proceedings

      2. 5.7. Application for registration

      3. 5.8. Transmission

      4. 5.9. Application to adduce evidence

      5. 5.10. Re-registration in the High Court

      6. 5.11. Transmission for re-registration

      7. 5.12. Discharge and variation

      8. 5.13. Cancellation of registration

    3. PART III OUTGOING ORDERS UNDER THE 1972 ACT

      1. 5.14. Application for transmission of order for enforcement in a reciprocating country

      2. 5.15. Application for transmission of order for enforcement in the Republic of Ireland

      3. 5.16. Application for transmission of order to Hague Convention Country

      4. 5.17. Service on defender in Hague Convention Country

      5. 5.18. Provisional order made with a view to transmission to a reciprocating country

      6. 5.19. Evidence adduced prior to confirmation of provisional order

      7. 5.20. Provisions in relation to intimation and entering appearance

      8. 5.21. Authentication of documents

      9. 5.22. Application under section 4 or 5 of the 1972 Act

      10. 5.23. Evidence

    4. PART IV INCOMING ORDERS UNDER THE 1950 ACT

      1. 5.24. Registration

      2. 5.25. Variation of rate of payment

      3. 5.26. Application to adduce evidence

      4. 5.27. Discharge and variation

      5. 5.28. Cancellation of registration

    5. PART V INCOMING ORDERS UNDER THE 1972 ACT

      1. 5.29. Provisions in relation to intimation and entering appearance

      2. 5.30. Authentication of documents

      3. 5.31. Application under sections 9 and 20 of the 1972 Act

      4. 5.32. Information to be provided where payer has ceased to reside in Scotland

      5. 5.33. Evidence

      6. 5.34. Intimation of registration of, or of decision not to register, an order made in the Republic of Ireland

      7. 5.35. Application to set aside registration of, or to set aside decision not to register, an order made in the Republic of Ireland

      8. 5.36. Intimation of registration of, or refusal to register, an order made in a Hague Convention Country

      9. 5.37. Application to set aside registration of, or to set aside decision not to register, an order made in a Hague Convention Country

    6. PART VI INCOMING ORDERS UNDER THE 1982 ACT

      1. 5.38. Applications under section 5 of the 1982 Act

      2. 5.39. Address of applicant’s solicitor for service

      3. 5.40. Notice of determination of application

      4. 5.41. Appeal by party against whom enforcement is authorised

      5. 5.42. Appeal by applicant

      6. 5.43. Enforcement of registered order

  7. CHAPTER 6 APPLICATIONS UNDER THE SOCIAL SECURITY ADMINISTRATION ACT 1992

    1. 6.1. Interpretation

    2. 6.2. Applications under section 106 of the Act

    3. 6.3. Transfer of rights under section 107 of the Act

    4. 6.4. Notice to Secretary of State under section 108(5) of the Act

    5. 6.5. Notice to Secretary of State of making of maintenance order

  8. Signature

    1. SCHEDULE

      1. FORM 1 APPLICATION FOR AN ORDER DECLARING A CHILD FREE FOR ADOPTION UNDER SECTION 18 OF THE ADOPTION (SCOTLAND) ACT 1978

        1. [A.B. (address)], Petitioner

        2. [or serial number where allocated]

        3. For an order in relation to the child, C.D.

        4. ([Full Name])

        5. ([Date of Birth])

        6. ([Address or serial number where allocated])

        7. The Petitioner craves the court [(1)] to make an order...

        8. on the ground that

        9. The following documents are produced herewith: (a) An extract of...

        10. Signed.................... [designation] Date....................

        11. *Delete as appropriate

      2. FORM 2 FORM OF PARENTAL AGREEMENT UNDER SECTION 18(1)(a) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. In the petition by (adoption agency, name and address)

        2. for an order declaring the child— — (full name of...

        3. I, (name, address) confirm that I am the mother/father/guardian of...

        4. I have signed this agreement at (place of signing) on...

        5. (Signature)....................

        6. This agreement was signed in the presence of:—

        7. (Signature of reporting officer or other person authorised)....................

        8. Full name Address

      3. FORM 3 FORM OF PARENTAL CONSENT UNDER SECTION 18(2) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. In the petition by (adoption agency, name and address)

        2. for an order declaring the child— — (full name of...

        3. free for adoption,

        4. I, (name, address) confirm that I am the mother/father/guardian of...

        5. I have signed this consent at [place] on the day...

        6. (Signature)....................

        7. This consent was signed in the presence of:—

        8. (Signature of reporting officer or other person authorised)....................

        9. Full name Address

        10. * delete as appropriate

      4. FORM 4 FORM OF CONSENT UNDER SECTION 12(8) OR 18(8) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. in the

        2. Petition by

        3. (Name and address) Petitioner

        4. I, (full name of child) confirm that I understand the...

        5. I have signed this consent at (place of signing) on...

        6. (Signature)

        7. This consent was signed in the presence of:—

        8. (Signature of reporting officer or other person authorised)....................

        9. Full name

        10. Address

      5. FORM 5 DECLARATION UNDER SECTION 18(6) OR SECTION 19(4) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. In the petition by (adoption agency, name and address)

        2. for an order declaring the child [full name]

        3. free for adoption,

        4. I/We, being the of the child hereby declare that I/we...

        5. In witness whereof I/we have signed this declaration on the...

        6. Signature....................

        7. Signature....................

        8. Signed in the presence of

        9. (Signature)....................

        10. Full name

        11. Designation and Reporting Officer

        12. Address ....................

        13. FOR OFFICIAL USE ONLY

        14. The foregoing declaration was received at the Sheriff Clerk’s Office,...

        15. Signature....................

        16. Sheriff Clerk Depute

      6. FORM 6 WITHDRAWAL OF DECLARATION UNDER SECTION 18(6) OR SECTION 19(4) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. In the petition by (adoption agency, name and address) for...

        2. I/We, being the(insert relationship to the child) of the child...

        3. I/we have signed this withdrawal of declaration on the day...

        4. Signature....................

        5. Signature....................

        6. ....................

        7. FOR OFFICIAL USE ONLY

        8. Signature....................

        9. Sheriff Clerk Depute

      7. FORM 7 FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 12 OR SECTION 18 OF THE ADOPTION (SCOTLAND) ACT 1978

        1. To:

        2. (Full name and address of person to whom this intimation...

        3. Notice is given that a hearing will take place at...

        4. You do not need to attend this hearing if you...

        5. If you do not attend this hearing the court may...

        6. Signature

        7. Designation....................

        8. Date

      8. FORM 8 APPLICATION TO REVOKE AN ORDER FREEING A CHILD FOR ADOPTION UNDER SECTION 20(1) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. MINUTE

        2. by

        3. [full name, address]

        4. in relation to the child

        5. [full name and date of birth]

        6. The minuter craves the court to revoke the order declaring...

        7. 1.An order freeing the child for adoption was made on....

        8. 2.More than 12 months have elapsed since the child was...

        9. 3.No adoption order has been made in respect of the...

        10. 4.The child at present resides at and does not have...

        11. 5.The minuter makes the following proposals for the future well-being...

        12. Signed.................... [designation] Date....................

      9. FORM 9 APPLICATION (FOR LEAVE OF COURT) TO PLACE CHILD FOR ADOPTION UNDER SECTION 20(2) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. MINUTE BY

        2. [full name, address]

        3. in relation to the child

        4. [full name and date of birth]

        5. residing at present at

        6. The minuters crave leave of the court to place the...

        7. Date.................... Signature....................

        8. and designation

      10. FORM 10 FURTHER APPLICATION BY FORMER PARENT TO REVOKE AN ORDER FREEING A CHILD FOR ADOPTION UNDER SECTION 20(5) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. MINUTE BY

        2. [full name, address]

        3. in relation to the child

        4. [full name and address] born on (date of birth)

        5. The minuter craves leave of the court to make this...

        6. [narrate the change in circumstances or other proper reason for...

        7. The minuter craves the court to revoke the order declaring...

        8. Date.................... Signature....................

        9. and designation

      11. FORM 11 PETITION FOR ADOPTION ORDER UNDER SECTION 12 OF THE ADOPTION (SCOTLAND) ACT 1978

        1. Petition of

        2. [A.B, full name]

        3. [and (full name of spouse)

        4. Maiden surname

        5. Any previous married surname] [Address]

        6. For authority to adopt the child

        7. [Full name of child as shown on birth certificate], born...

        8. [Child’s date of birth]

        9. Child’s present address]

        10. The petitioner(s) crave(s) the court [(1)] to make an adoption...

        11. 1.(a) The petitioner(s) is/are domiciled in and reside(s) at [or...

        12. 2.(a) The child is years of age, having been born...

        13. 3.is/are liable to contribute to the support of the child....

        14. 4.The child has not been the subject of an adoption...

        15. 5.The petitioner(s) is/are prepared to undertake, if any order is...

        16. 6.There is lodged along with this application the following documents...

        17. 7.have taken part in the arrangements for placing the child...

        18. .................... Signature of male petitioner

        19. .................... Signature of female petitioner or

        20. .................... Signature of solicitor with designation and address .................... .......................

      12. FORM 12 PETITION FOR ADOPTION ORDER UNDER SECTION 49 OF THE ADOPTION (SCOTLAND) ACT 1978

        1. Petition of

        2. [A.B. full name]

        3. [and (full name of spouse)

        4. Maiden surname

        5. Previous married surname]

        6. For an order vesting in him/her/them the parental rights and...

        7. [Full name of child as shown on birth certificate], born...

        8. [Child’s date of birth]

        9. Child’s present address]

        10. The petitioner(s) crave(s) the court [(1)] to make an order...

        11. 1.(a) The petitioner(s) is/are domiciled in and reside(s) at

        12. 2.(a) The child is years of age, having been born...

        13. 3.is/are liable to contribute to the support of the child....

        14. 4.The child has not been the subject of an adoption...

        15. 5.The petitioner(s) is/are prepared to undertake, if any order is...

        16. 6.There is lodged along with this application the following documents—...

        17. 7.have taken part in the arrangements for placing the child...

        18. .................... Signature of male petitioner or agent

        19. .................... Signature of female petitioner or agent or

        20. .................... Signature of solicitor with designation and address .................... .......................

      13. FORM 13 FORM OF PARENTAL AGREEMENT UNDER SECTION 16(1) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. In the petition relating to the adoption of

        2. (Insert the full name of the child as it is...

        3. to which petition the court has assigned the serial number...

        4. I, (name and address)

        5. confirm that I am the mother/father/guardian of the child. I...

        6. I have signed this agreement at (place of signing)

        7. on the day of Nineteen hundred and.

        8. This agreement was signed in the presence of:—

        9. (Signature of reporting officer)

        10. Full name of Reporting Officer

        11. Address

      14. FORM 14 FORM OF PARENTAL AGREEMENT UNDER 15(1)(aa) and 16(1) OF THE ADOPTION (SCOTLAND) ACT 1978

        1. In the petition relating to the adoption of

        2. (Insert the full name of the child as it is...

        3. 1.(name and address)

        4. confirm that I am the mother/father/guardian of the child. I...

        5. I have signed this agreement at (place of signing)

        6. on the day of

        7. This agreement was signed in the presence of:—

        8. (Signature of reporting officer)

        9. Full name of Reporting Officer Address

      15. FORM 15 FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 27, 28, 29 OR 30 OF THE ADOPTION (SCOTLAND) ACT 1978

        1. Notice of hearing of minute in petition for authority to...

        2. (Full name of child as given in the birth certificate)...

        3. To:—

        4. (Full name and address of person to whom this intimation...

        5. Notice is hereby given that a hearing in the petition...

        6. Signature....................

        7. Designation

        8. Date

      16. FORM 16 APPLICATION FOR A PARENTAL RESPONSIBILITIES ORDER

        1. Section 86 of the Children (Scotland) Act 1995

        2. Case No

        3. Date lodged

        4. Application to Sheriff Court at

        5. for a Parental Responsibilities Order under section 86 of the...

        6. 1.APPLICANT [insert name, address, telephone and fax numbers, and details...

        7. 2.GROUNDS FOR MAKING APPLICATION

        8. The Applicant asks the Court to make a Parental Responsibilities...

        9. [applicant to provide details of grounds for making the application]...

        10. OTHER APPLICATIONS AND ORDERS WHICH AFFECT THE CHILD

        11. [insert details of any other applications or orders made which...

        12. 3.REQUEST FOR ORDER

        13. 1.The applicants request the court to make a Parental Responsibilities...

        14. 2.The petitioners request the court to dispense with the agreement...

        15. on the ground that

        16. [in terms of section 86(2)(b)]

        17. 4.REPORTS/DOCUMENTARY EVIDENCE ETC

        18. The following documents are produced with this petition:—

        19. 5.OTHER ORDERS

        20. *In terms of section 88(3) of the Act the sheriff...

        21. *[insert details of any other orders craved e.g. Crave for...

        22. *delete as appropriate

        23. 6.DETAILS OF FIRST ORDER SOUGHT FROM THE SHERIFF

        24. The applicant requests the sheriff to appointa curatoradlitem anda Reporting...

        25. SIGNED

        26. DATE

        27. [insert Name, Address, telephone, DX and Fax number]

      17. FORM 17 FORM OF AGREEMENT OF RELEVANT PERSON UNDER SECTION 86 (2) OF THE CHILDREN (SCOTLAND) ACT 1995

        1. In the application for a Parental Responsibilities Order in respect...

        2. (Insert the full name of the child as it is...

        3. I,(insert name and address)

        4. confirm that I am the *mother/ *father/ * the person...

        5. (Signature of relevant person)

        6. (Signature of Reporting Officer)

        7. I have signed this agreement at (place of signing)

        8. on the day of 199

        9. This agreement was signed in the presence of (Full name...

        10. *delete as appropriate

        11. YOU SHOULD GET ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

      18. FORM 18 FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 86 OF THE CHILDREN (SCOTLAND) ACT 1995

        1. To :

        2. (Full name and address of person to whom this intimation...

        3. Notice is given that a hearing will take place at...

        4. when the court will consider an application for a Parental...

        5. Signature....................

        6. Designation

        7. Date

        8. WHAT YOU SHOULD DO

        9. You need not attend this hearing if you do not...

        10. If you do not attend or are not represented at...

        11. YOU SHOULD GET ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

      19. FORM 19 PARENTAL RESPONSIBILITIES ORDER Section 86 of the Children (Scotland) Act 1995

        1. Case No

        2. IN THE SHERIFF COURT

        3. at

        4. on

        5. The sheriff orders that all parental rights and responsibilities relating...

        6. * In terms of section 88 of the Act the...

        7. [insert details of any other orders granted e.g. Warrant for...

        8. *delete as appropriate

        9. *For the purpose of enforcing this order warrant is granted...

        10. Signed

        11. Sheriff of at

        12. Date

      20. FORM 20 FORM OF INTIMATION OF DIET OF HEARING UNDER SECTION 86 (5) OF THE CHILDREN (SCOTLAND) ACT 1995

        1. To :

        2. (Full name and address of person to whom this intimation...

        3. Notice is given that a hearing will take place at...

        4. when the court will consider an application for *variation /...

        5. Signature....................

        6. Designation

        7. Date

        8. *delete as appropriate

        9. WHAT YOU SHOULD DO

        10. You need not attend this hearing if you do not...

        11. If you do not attend or are not represented at...

        12. YOU SHOULD GET ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

      21. FORM 21 FORM OF DISCHARGE OR VARIATION OF PARENTAL RESPONSIBILITIES ORDER UNDER SECTION 86 (5) OF THE CHILDREN (SCOTLAND) ACT 1995

        1. To :

        2. (Full name and address of person to whom intimation of...

        3. In the application for *Variation/Discharge of Parental Responsibilities Order in...

        4. At (Name of Sheriff Court) on(date of Order), The Sheriff...

        5. Signature.................... Designation Date

        6. *delete as appropriate

      22. FORM 22 Form of petition for parental order under section 30 of the Human Fertilisation and Embryology Act 1990

        1. SHERIFFDOM OF (insert name of sheriffdom)

        2. AT (insert place of sheriff court)

        3. PETITION

        4. of

        5. [A.B.](designation and address)

        6. and

        7. [C.D.](designation and address)

        8. [or serial number where one has been assigned]

        9. Petitioners

        10. for

        11. A parental order under section 30 of the Human Fertilisation...

        12. in respect of

        13. [E.F.](nameas in birth certificate)

        14. The petitioners condescend as follows—

        15. 1.The petitioners are married to each other, are domiciled in...

        16. 2.The petitioners are respectively and years of age.

        17. 3.(State name of child, the subject of the petition) is...

        18. 4.The child was received into the home of the petitioners...

        19. 5.The child was carried by a woman other than the...

        20. 6.The gametes of (state which petitioner or if both state...

        21. 7.The child is not the subject of any other pending...

        22. [8.(State full name and address of the father of the...

        23. [[9.].(State full name and address of the woman who carried...

        24. [10.].No money or benefit, other than for expenses reasonably incurred,...

        25. [other than (state any money or other benefit given or...

        26. [[11.].The father of the child [and][or][the woman who carried the...

        27. The petitioner crave the court –

        28. 1.To order notice of the petition to be intimated to...

        29. 2.To appoint a reporting officer and a curatorad litem to...

        30. [3.To dispense with the agreement of the father of the...

        31. [4.].On resuming consideration of this petition and the report by...

        32. [5.].To direct the Registrar General for Scotland to make an...

        33. [6.].To pronounce such other or further orders or directions upon...

        34. Male petitioner (Signed)

        35. Female petitioner

        36. [or (Signed)

        37. Solicitor for petitioners (Address)]

      23. FORM 23 Form of agreement for parental order under Section 30(r) of the Human Fertilisation and Embryology Act 1990

        1. in the

        2. Petition

        3. of

        4. [A.B.](designation and address)

        5. and

        6. [C.D.](designation and address) [or serial number where one has been...

        7. for

        8. A Parental Order under the Human Fertilisation and Embryology Act...

        9. in respect of

        10. [E.F.](nameas in birth certificate)

        11. I, (name and address), being the father of the child...

        12. [other than [state any money or other benefit given or...

        13. I have signed this agreement at (place of signing) on...

        14. (Signed by father of the child or woman who carried...

        15. This agreement was signed by before me at on the...

        16. (Signed)

        17. Reporting Officer

        18. [or Witness

        19. (full name and address)]

      24. FORM 24 Form of intimation of diet of hearing of application for a parental order under section 30 of the Human Fertilisation and Embryology Act 1990

        1. To: (full name and address of person to whom this...

        2. You are given NOTICE that a hearing will take place...

        3. when the court will consider an application for a parental...

        4. You are [not] obliged to attend the hearing [unless you...

        5. If you do not attend this hearing the court may...

        6. [While the petition is pending you must not, except with...

        7. [The court has been requested to dispense with your agreement...

        8. Date (insert date)

        9. (Signed)

        10. Male petitioner

        11. (Signed)

        12. Female petitioner

        13. [or (Signed)

        14. Solicitor for petitioners

        15. (Address)]

      25. FORM 25 Form of intimation of diet of hearing of application under section 27(1) or 29 of the Act of 1978 as modified and applied in relation to parental orders

        1. To: (full name and address of person to whom this...

        2. You are given NOTICE that a hearing will take place...

        3. when the court will consider a minute of application under...

        4. You do not need to attend this hearing if you...

        5. Date (insert date)

        6. (Signed)

        7. Minuter

        8. [or (Signed)

        9. Solicitor for Minuter

        10. (Address)]

      26. FORM 26 NOTICE TO CHILD OF APPLICATION FOR A CHILD ASSESSMENT ORDER SECTION 55 OF THE CHILDREN (SCOTLAND) ACT 1995

        1. CASE NUMBER

        2. Dear [insert name by which child is known]

        3. I am writing to tell you that because there are...

        4. The application to the sheriff has been made by [insert...

        5. You can tell the sheriff what you think by:

        6. Going to see the Sheriff

        7. You can take someone like a friend, parent, teacher or...

        8. You can ask a lawyer to come with you and...

        9. If you think you would like to go to see...

        10. Not going to see the Sheriff

        11. REMEMBER

        12. •If you return the form it will be given to...

        13. IMPORTANT NOTE—You do not have to do any of these...

        14. If you are unsure about what to do you can...

        15. The hearing to consider the application will be held on...

        16. You will see that, along with this letter, there is...

        17. Signed.................... Date....................

        18. To the Sheriff Clerk

        19. I would like the Sheriff to know what I have...

        20. Write what you want to say here, or you can...

        21. Name....................

        22. Address.................... .................... ....................

        23. Court Reference Number....................

        24. (if you know it)

      27. FORM 27 NOTICE TO CHILD OF APPLICATION TO VARY OR SET ASIDE CHILD PROTECTION ORDER SECTION 60 OF THE CHILDREN (SCOTLAND) ACT 1995.

        1. CASE NUMBER

        2. KEEPING YOU SAFE

        3. Dear [insert name by which child is known]

        4. A Child Protection Order was made on.................... to keep you...

        5. Now the sheriff has been asked to have another look...

        6. You can tell the sheriff what you think by:—

        7. Going to see the Sheriff

        8. or

        9. • You can ask a lawyer to come with you...

        10. Not going to see the Sheriff

        11. REMEMBER

        12. • If you return the form it will be given...

        13. IMPORTANT NOTE—You do not have to do any of these...

        14. If you are unsure about what to do you can...

        15. The hearing to consider the application will be held on...

        16. You will see that, along with this letter, there is...

        17. Signed.................... Date....................

        18. To the Sheriff Clerk

        19. I would like the Sheriff to know what I have...

        20. Write what you want to say here, or you can...

        21. Name....................

        22. Address.................... .................... ....................

        23. Court Reference Number....................

        24. (if you know it)

      28. FORM 28 NOTICE TO CHILD OF APPLICATION FOR AN EXCLUSION ORDER SECTION 76 OF THE CHILDREN (SCOTLAND) ACT 1995.

        1. CASE NUMBER

        2. KEEPING YOU SAFE

        3. Dear [insert name by which child is known]

        4. I am writing to tell you that because there are...

        5. *delete as appropriate

        6. The application to the sheriff has been made by [insert...

        7. You can tell the sheriff what you think by:—

        8. Going to see the Sheriff

        9. or

        10. • You can ask a lawyer to come with you...

        11. If you think you would like to go to see...

        12. Not going to see the Sheriff

        13. REMEMBER

        14. • If you return the form it will be given...

        15. IMPORTANT NOTE—You do not have to do any of these...

        16. If you are unsure about what to do you can...

        17. The hearing to consider the application will be held on...

        18. You will see that, along with this letter, there is...

        19. Signed.................... Date....................

        20. To the Sheriff Clerk

        21. I would like the Sheriff to know what I have...

        22. Write what you want to say here, or you can...

        23. Name....................

        24. Address.................... .................... ....................

        25. Court Reference Number....................

        26. (if you know it)

      29. FORM 29 NOTICE TO CHILD OF APPLICATION TO VARY AN EXCLUSION ORDER SECTION 79(3) OF THE CHILDREN (SCOTLAND) ACT 1995.

        1. CASE NUMBER

        2. CHANGING THE ARRANGEMENTS FOR KEEPING YOU SAFE

        3. Dear [insert name by which child is known]

        4. I am writing to tell you that the sheriff has...

        5. *delete as appropriate

        6. The application to the sheriff has been made by [insert...

        7. You can tell the sheriff what you think in the...

        8. Even if you did not tell anything to the sheriff...

        9. You can tell the sheriff what you think by:—

        10. Going to see the Sheriff

        11. or

        12. • You can ask a lawyer to come with you...

        13. If you think you would like to go to see...

        14. Not going to Sheriff

        15. REMEMBER

        16. • If you return the form it will be given...

        17. IMPORTANT NOTE – You do not have to do any...

        18. If you are unsure about what to do you can...

        19. a Lawyer or Local Advice Agency or Law Centre. The...

        20. The hearing to consider the application will be held on...

        21. You will see that, along with this letter, there is...

        22. Signed.................... Date....................

        23. To the Sheriff Clerk

        24. I would like the Sheriff to know what I have...

        25. Write what you want to say here, or you can...

        26. Name....................

        27. Address.................... .................... ....................

        28. Court Reference Number....................

        29. (if you know it)

      30. FORM 30 NOTICE TO CHILD OF APPLICATION FOR A FURTHER DETENTION WARRANT SECTION 67 OF THE CHILDREN (SCOTLAND) ACT 1995.

        1. CASE NUMBER

        2. I am writing to tell you that as the childrens...

        3. The application to the sheriff has been made by the...

        4. You can tell the sheriff what you think by:—

        5. Going to see the Sheriff

        6. • You can take someone like a friend, parent, a...

        7. or

        8. • You can ask a lawyer to come with you...

        9. If you think you would like to go to see...

        10. Not going to see the Sheriff

        11. REMEMBER

        12. • If you return the form it will be given...

        13. IMPORTANT NOTE – You do not have to do any...

        14. If you are unsure about what to do you can...

        15. The hearing to consider the application will be held on...

        16. You will see that, along with this letter, there is...

        17. Signed.................... Date....................

        18. To the Sheriff Clerk

        19. I would like the Sheriff to know what I have...

        20. Write what you want to say here, or you can...

        21. Name....................

        22. Address.................... .................... ....................

        23. Court Reference Number....................

        24. (if you know it)

      31. FORM 31 CITATION OF CHILD IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995

        1. Dear [insert name by which child is known]

        2. As you know at the Children’s Hearing (Panel) held on[...

        3. Since the information on the form which was given to...

        4. Since the hearing were satisfied that you could not /...

        5. *delete as appropriate

        6. your case has been sent to a sheriff who will...

        7. The sheriff will listen to the evidence in your case,...

        8. A sheriff assists for lots of different reasons, this time...

        9. Remember that the date, time and place of the hearing...

        10. IMPORTANT NOTE: IT IS VERY IMPORTANT THAT YOU ATTEND on...

        11. If you are unsure about what to do you can...

        12. You will see that, along with this letter, there is...

        13. YOU MUST ATTEND ON THE FOLLOWING DATE:

        14. DATE OF HEARING:....................

        15. TIME OF HEARING:....................

        16. PLACE OF HEARING: Sheriff Court

        17. ADDRESS:.................... .................... .................... ....................

      32. FORM 32 FORM OF FIRST ORDER UNDER THE CHILDREN (SCOTLAND) ACT 1995

        1. SECTION 55 (Application for Child Assessment Order),

        2. SECTION 60 (Application to vary or set aside Child Protection...

        3. SECTION 76 (Application for Exclusion Order),

        4. SECTION 79 (Application to vary or recall Exclusion Order) and...

        5. SECTION 67 (Application for warrant for further detention of child)...

        6. [Place and date]

        7. The court assigns[date] at[hour] within the[name court] in chambers at[place]...

        8. for the hearing of the application;

        9. appoints the applicant forthwith to give notice of the application...

        10. *dispenses with notice and service on[insert name] for the following...

        11. [Note:Insert details of any other order granted and in an...

        12. Meantime grants an interim exclusion order;or interim interdict;or otherwise as...

        13. .................... *Sheriff or sheriff clerk

        14. *delete as appropriate

      33. FORM 33 IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995 FORM OF WARRANT TO CITE CHILD AND TO GIVE NOTICE/INTIMATE TO RELEVANT PERSON(S) AND SAFEGUARDER

        1. [Place and date]

        2. The court

        3. 1.Assigns[date] at[hour] within the[name court] in chambers at[place] for the...

        4. 2.Appoints the Principal Reporter forthwith

        5. to cite AB[name of child],

        6. to give notice/intimate to BB[insert name of relevant person or...

        7. by serving a copy of the application and relative statement...

        8. 3.Grants warrant to cite witnesses and havers.

        9. 4.*Dispenses with notice and service on[insert name] for the following...

        10. 5.*Dispenses with the obligation to attend of[insert name of child]...

        11. .................... *Sheriff or sheriff clerk

        12. *delete as appropriate

      34. FORM 34 NOTICE OF APPLICATION FOR A CHILD ASSESSMENT ORDER TO A PERSON NAMED IN APPLICATION

        1. Section 55 of the Children (Scotland) Act 1995

        2. Case No

        3. Application to Sheriff Court at [insert name]

        4. for a Child Assessment Order under section 55 of the...

        5. To[insert name and address of person to whom notice is...

        6. You are given notice that the court will hear this...

        7. [applicant to insert details of the date, time and place...

        8. on

        9. at

        10. in

        11. Along with this notice there is attached a copy of...

        12. Signed.................... Date....................

        13. WHAT YOU SHOULD DO

        14. YOU SHOULD ATTEND OR BE REPRESENTED AT THE HEARING.

        15. If you do not attend in person you may instruct...

        16. If you do not attend or are not represented at...

        17. YOU SHOULD OBTAIN ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

      35. FORM 35 NOTICE OF APPLICATION TO VARY OR RECALL CHILD PROTECTION ORDER TO PERSON NAMED IN APPLICATION

        1. Section 60 of the Children (Scotland) Act 1995

        2. Case No

        3. Application to Sheriff Court at (insert name)

        4. to vary or recall a Child Protection Order under section...

        5. To(insert name and address)

        6. You are given notice that the court will hear this...

        7. [applicant to insert details of the date, time and place...

        8. The application is to(insert details of purpose of application

        9. on

        10. at

        11. in

        12. Along with this notice there is attached a copy of...

        13. Signed.................... Date....................

        14. WHAT YOU SHOULD DO

        15. YOU SHOULD ATTEND OR BE REPRESENTED AT THE HEARING.

        16. If you do not attend in person you may instruct...

        17. If you do not attend or are not represented at...

        18. YOU SHOULD OBTAIN ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

      36. FORM 36 NOTICE OF APPLICATION FOR AN EXCLUSION ORDER TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

        1. Section 76 of the Children (Scotland) Act 1995

        2. Case No

        3. Application to Sheriff Court at (insert name)

        4. for an exclusion order under section 76 of the Children...

        5. *delete as appropriate

        6. To[insert name and address of person to whom notice is...

        7. You are given notice that the court will hear this...

        8. [applicant to insert details of the date, time and place...

        9. on

        10. at

        11. in

        12. Along with this notice there is attached a copy of...

        13. Signed.................... Date....................

        14. WHAT YOU SHOULD DO

        15. YOU SHOULD ATTEND OR BE REPRESENTED AT THE HEARING.

        16. If you do not attend or are not represented at...

        17. YOU SHOULD OBTAIN ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

        18. *delete as appropriate

      37. FORM 37 NOTICE OF APPLICATION TO VARY OR RECALL AN EXCLUSION ORDER TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

        1. Section 79 of the Children (Scotland) Act 1995

        2. Case No

        3. Application to Sheriff Court at (insert name)

        4. to vary or recall* an exclusion order under section 79...

        5. *delete as appropriate

        6. To[insert name and address of person to whom notice is...

        7. You are given notice that the court will hear this...

        8. [applicant to insert details of the date, time and place...

        9. on

        10. at

        11. in

        12. Along with this notice there is attached a copy of...

        13. Signed.................... Date....................

        14. WHAT YOU SHOULD DO

        15. YOU SHOULD ATTEND OR BE REPRESENTED AT THE HEARING.

        16. If you do not attend or are not represented at...

        17. YOU SHOULD OBTAIN ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

      38. FORM 38 NOTICE OF APPLICATION FOR FURTHER DETENTION OF CHILD TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON

        1. Section 67 of the Children (Scotland) Act 1995

        2. Case No

        3. Application to Sheriff Court at (insert name)

        4. By Principal Reporter to further detain child under section 67...

        5. To[insert name and address of person to whom notice is...

        6. You are given notice that the court will hear this...

        7. [Principal Reporter to insert details of the date, time and...

        8. on

        9. at

        10. in

        11. Along with this notice there is attached a copy of...

        12. Signed.................... Date....................

        13. WHAT YOU SHOULD DO

        14. YOU SHOULD ATTEND OR BE REPRESENTED AT THE HEARING.

        15. If you do not attend or are not represented at...

        16. YOU SHOULD OBTAIN ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

      39. FORM 39 NOTICE TO RELEVANT PERSON IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995

        1. 1.[Place and Date]

        2. To[name and address of relevant person]

        3. TAKE NOTICE that the court has received the application which...

        4. 2.YOU MAY ATTEND COURT for the hearing of the application...

        5. 3.Place of hearing:

        6. Sheriff Court....................

        7. Address.................... .................... .................... ....................

        8. Date of hearing:....................

        9. Time of hearing:.................... .................... .................... (signed)

        10. Principal Reporter

        11. WHAT YOU SHOULD DO

        12. YOU SHOULD ATTEND OR BE REPRESENTED AT THE HEARING.

        13. If you do not attend or are not represented at...

        14. YOU SHOULD OBTAIN ADVICE FROM A SOLICITOR OR LOCAL ADVICE...

      40. FORM 40 NOTICE TO SAFEGUARDER IN APPLICATION UNDER SECTION 65 OF THE CHILDREN (SCOTLAND) ACT 1995

        1. 1.[Place and Date]

        2. To[name and address of safeguarder]

        3. TAKE NOTICE that the court has received the application which...

        4. 2.A hearing of the application has been fixed as follows:...

        5. Place of hearing: Sheriff Court....................

        6. Address.................... .................... .................... ....................

        7. Date of hearing:....................

        8. Time of hearing:.................... .................... .................... (signed)

        9. Principal Reporter

        10. PLEASE NOTE:

      41. FORM 41 CITATION OF WITNESS OR HAVER UNDER THE CHILDREN (SCOTLAND) ACT 1995

        1. KL [address], you are required to attend at Sheriff Court...

        2. [an appeal to the sheriff against a decision of a...

        3. [an application by [insert name and address]] for [insert details...

        4. [You are required to bring with you [specify documents]].

        5. If you fail to attend without reasonable excuse having demanded...

        6. Signed PQ, Sheriff Officer;

        7. or

        8. XY Solicitor / Sheriff Clerk /

        9. Principal Reporter / Officer of the Local Authority

        10. [address]

        11. Note:

        12. Within certain specified limits claims for necessary outlays and loss...

      42. FORM 42 *CERTIFICATE OF EXECUTION OF CITATION OF OR NOTICE TO CHILD *CERTIFICATE OF EXECUTION OF NOTICE TO PERSON NAMED IN APPLICATION OR ANY OTHER PERSON UNDER THE CHILDREN (SCOTLAND) ACT 1995

        1. 1.[Place, date]

        2. I[Name and designation] hereby certify that on the date shown...

        3. *cited[full name of child]

        4. *gave notice to[full name of person] by *posting, on[date] between...

        5. [signed]

        6. *Principal Reporter

        7. or solicitor for applicant

        8. [/Officer of Local Authority/Sheriff clerk]

        9. or Sheriff Officer

        10. [name and business address]

        11. and[name and address of any witness]

        12. *Delete as appropriate

      43. FORM 43 CERTIFICATE OF CITATION OF WITNESS OR HAVER UNDER THE CHILDREN (SCOTLAND) ACT 1995

        1. 1.[Place and Date]

        2. I [Name and designation] hereby certify that on the above...

        3. cited [full name of witness] by

        4. *posting, on [date] between the hours of () and ()...

        5. and the post office receipt for that letter accompanies this...

        6. *or by [set forth the mode of citation or intimation]...

        7. (signed, A B Principal Reporter)

        8. C D Sheriff Officer

        9. E F (Witness)

        10. G H Solicitor

        11. *delete as appropriate

      44. FORM 44 Application for authorisation of the giving of evidence by a child by means of a live television link

        1. APPLICANT :

        2. [insert name, address and designation of applicant]

        3. e.g. Principal Reporter Parent/Guardian/Safeguarder

        4. (or as the case may be)

        5. in the case of

        6. [insert name and address of child]

        7. 1.On [insert date of application] the Principal Reporter made an...

        8. 2.The court assigned[date] at[hour] within the[name court] in chambers at[place]...

        9. 3.That[A.B.] a child born on[date of birth] and residing at[address]...

        10. 4.That[here state reasons for application].

        11. 5.The[insert applicant] therefore makes application under Rule 3.22 of the...

        12. .................... *Principal Reporter / Parent / Guardian / Safeguarder /...

        13. [here insert designation, address, contact numbers]

        14. *delete as appropriate

      45. FORM 45 APPLICATION FOR A CHILD ASSESSMENT ORDER

        1. Section 55 of the Children (Scotland) Act 1995

        2. Case No

        3. Date lodged

        4. Application to Sheriff Court at

        5. Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE...

        6. *Note: Information to be provided in Part 3 where applicant...

        7. PART 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

        8. GROUNDS FOR MAKING APPLICATION

        9. [applicant to provide details of grounds for making the application:...

        10. *OTHER APPLICATIONS AND ORDERS WHICH AFFECT THE CHILD

        11. [insert details of any other applications or orders made which...

        12. REPORTS/DOCUMENTARY EVIDENCE ETC.

        13. The following reports/documentary evidence is attached/will be produced*—

        14. [list any reports, statements or affidavits which are or will...

        15. *delete as appropriate

        16. PART 3. DETAILS OF THE ASSESSMENT AND ORDERS SOUGHT

        17. ASSESSMENT

        18. [in terms of section 55(3) insert the following details of...

        19. OTHER ORDERS

        20. [in terms of section 55(4) or (5) provide the following...

        21. PART 4. DETAILS OF FIRST ORDER SOUGHT FROM THE SHERIFF...

        22. The applicant requests the sheriff to: (a) Fix a hearing....

        23. SIGNED.................... DATE....................

        24. [name, designation and address telephone, DX and fax numbers]

      46. FORM 46 CHILD ASSESSMENT ORDER

        1. Section 55 of the Children (Scotland) Act 1995

        2. Case No

        3. IN THE SHERIFF COURT

        4. at

        5. on

        6. The sheriff orders that there shall be a[insert details of...

        7. The assessment is to begin on[insert date] and shall have...

        8. The person authorised to carry out the assessment is[insert name,...

        9. *The sheriff orders that[Insert name and address] is required to...

        10. *In terms of section 55 (4) the sheriff permits the...

        11. *In terms of section 55(5) the sheriff makes the following...

        12. [insert details of any directions sought as to contact with...

        13. *delete as appropriate

        14. For the purpose of enforcing this order warrant is granted...

        15. Signed....................

        16. Sheriff at....................

      47. FORM 47 APPLICATION FOR A CHILD PROTECTION ORDER BY LOCAL AUTHORITY

        1. Section 57 of the Children (Scotland) Act 1995

        2. Case No

        3. Date lodged

        4. Application to Sheriff at

        5. Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE...

        6. * Note: Information to be provided in Part 3 where...

        7. Part 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

        8. GROUNDS FOR MAKING APPLICATION

        9. [applicant to provide details of grounds for making the application:...

        10. see section 57 (1)&(2) of the Act]

        11. OTHER APPLICATIONS AND ORDERS WHICH AFFECT THE CHILD

        12. [insert details of any other applications or orders made which...

        13. SUPPORTING EVIDENCE

        14. The following supporting evidence is produced –

        15. [list reports, statements, affidavits or other evidence produced]

        16. Part 3. Details of Order sought and any terms, conditions...

        17. ORDER SOUGHT: The applicant requests the Sheriff to make a...

        18. *TERMS AND CONDITIONS TO BE ATTACHED TO ORDER

        19. In terms of section 57(4) the applicant seeks an order...

        20. [insert details of the order sought].

        21. *DIRECTIONS IN RELATION TO THE EXERCISE OR FULFILMENT OF PARENTAL...

        22. In terms of section 58(4) or (5) the applicant seeks...

        23. [insert details of the direction(s) sought].

        24. *ANY OTHER ORDER(S) (a) to non-disclosure of address or whereabouts...

        25. PART 4. DETAILS OF FIRST ORDER SOUGHT FROM THE SHERIFF...

        26. The applicant requests the sheriff to: (a) Make a child...

        27. SIGNED.................... DATE....................

        28. [name, designation and address telephone, DX and fax numbers]

      48. FORM 48 APPLICATION FOR A CHILD PROTECTION ORDER BY ANY PERSON (OTHER THAN A LOCAL AUTHORITY)

        1. Section 57 of the Children (Scotland) Act 1995

        2. Case No

        3. Date lodged

        4. Application to Sheriff at

        5. Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE...

        6. * Note: Information to be provided in Part 3 where...

        7. Part 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

        8. GROUNDS FOR MAKING APPLICATION

        9. [applicant to provide details of grounds for making the application:...

        10. OTHER APPLICATIONS AND ORDERS WHICH AFFECT THE CHILD

        11. [insert details of any other applications or orders made which...

        12. SUPPORTING EVIDENCE

        13. The following supporting evidence is produced –

        14. [list reports, statements, affidavits or other evidence produced]

        15. Part 3. Details of Order sought and any terms, conditions...

        16. ORDER SOUGHT: The applicant requests the Sheriff to make a...

        17. *TERMS AND CONDITIONS TO BE ATTACHED TO ORDER

        18. In terms of section 57(4) the applicant seeks an order...

        19. [insert details of the order sought].

        20. *DIRECTIONS IN RELATION TO THE EXERCISE OR FULFILMENT OF PARENTAL...

        21. In terms of section 58(4) or (5) the applicant seeks...

        22. [insert details of the direction(s) sought].

        23. *ANY OTHER ORDER(S)

        24. [Insert here details and grounds for any order sought in...

        25. PART 4. DETAILS OF FIRST ORDER SOUGHT FROM THE SHERIFF...

        26. The applicant requests the sheriff to: (a) Make a child...

        27. SIGNED.................... DATE....................

        28. [name, designation and address telephone, DX and fax numbers]

      49. FORM 49 CHILD PROTECTION ORDER

        1. Section 57 of the Children (Scotland) Act 1995

        2. Case No

        3. IN THE SHERIFF COURT

        4. at

        5. on

        6. In the application by[Insert name and address] for a Child...

        7. TERMS AND CONDITIONS

        8. *The sheriff orders that[insert name and address of person] is...

        9. *The sheriff authorises the removal of the child by the...

        10. *The sheriff authorises the prevention of the removal of the...

        11. *The sheriff orders that the locality of the place of...

        12. *delete as appropriate

        13. DIRECTIONS

        14. *In terms of section 58(1) and (2) the sheriff gives...

        15. [insert details of any directions]

        16. *In terms of section 58(4), (5) or (6) the sheriff...

        17. [insert details of any directions]

        18. For the purpose of enforcing this order warrant is granted...

        19. Signed....................

        20. Sheriff at....................

      50. FORM 50 NOTICE OF CHILD PROTECTION ORDER TO CHILD IN TERMS OF SECTION 57 OF THE CHILDREN (SCOTLAND) ACT 1995.

        1. ARRANGEMENTS TO KEEP YOU SAFE

        2. Dear [insert name by which child is known]

        3. I am writing to tell you that because there were...

        4. After hearing about your situation the court made an order,...

        5. If you are unhappy with this order or any directions...

        6. Any change must be requested without delay

        7. If you want to do this you can ask the...

        8. Remember that if you do not agree with the order...

        9. In the meantime you must do what the order says....

        10. If you are unsure about what to do you can...

        11. You will see that, along with this letter, there is...

        12. SIGNED.................... DATE....................

      51. FORM 51 NOTICE OF CHILD PROTECTION ORDER TO A NAMED PERSON

        1. Section 57 of the Children (Scotland) Act 1995

        2. Case No

        3. Notice of Child Protection Order made under section 57 of...

        4. To[insert name and address of person to whom notice is...

        5. You are given notice of the making of a Child...

        6. Along with this notice there is attached a copy of...

        7. SIGNED.................... DATE....................

        8. WHAT YOU SHOULD DO

        9. *YOU MUST COMPLY WITH THE ORDER AND ANY DIRECTIONS CONTAINED...

        10. *YOU MAY WISH TO OBTAIN ADVICE FROM A SOLICITOR OR...

        11. *You may be able to contest or vary the order,...

        12. *delete as appropriate

      52. FORM 52 APPLICATION TO VARY OR RECALL A CHILD PROTECTION ORDER

        1. Section 60 of the Children (Scotland) Act 1995

        2. Case No

        3. Date lodged

        4. Application to Sheriff at

        5. to vary or recall a Child Protection Order under section...

        6. Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE...

        7. *Note: Information to be provided in Part 3 where applicant...

        8. Part 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

        9. On[date of order] the Sheriff made a Child Protection Order...

        10. OTHER APPLICATIONS AND ORDERS WHICH AFFECT THE CHILD

        11. [insert details of any other applications or orders made which...

        12. ORDER(S) OR CONDITIONS THE VARIATION OR RECALL OF WHICH ARE...

        13. [applicant to insert details of order now sought]

        14. GROUNDS FOR MAKING APPLICATION

        15. [applicant to provide details of grounds for seeking the variation...

        16. SUPPORTING EVIDENCE

        17. The following supporting evidence is produced –

        18. [list reports, statements, affidavits or other evidence produced]

        19. Part 3. Details of Order sought and any terms, conditions...

        20. FIRST ORDER

        21. The applicant requests the sheriff to: (a) Assign a hearing...

        22. And thereafter to[enter details of what you want the Sheriff...

        23. SIGNED.................... DATE....................

        24. [name, designation and address telephone, DX and fax numbers]

      53. FORM 53 VARIATION OF CHILD PROTECTION ORDER

        1. Section 60(7) of the Children (Scotland) Act 1995

        2. Case No

        3. IN THE SHERIFF COURT

        4. at

        5. on

        6. The sheriff makes the following order in the application by[Insert...

        7. [insert order granted in this application]

        8. TERMS AND CONDITIONS IN FORCE UNDER

        9. CHILD PROTECTION ORDER AFTER VARIATION

        10. *[insert name and address of person] is ordered to produce...

        11. *the removal of the child by the applicant to *[insert...

        12. *the prevention of the removal of the child from[insert details...

        13. *the locality of the place of safety is not to...

        14. DIRECTIONS

        15. *In terms of section 58(1) and (2) the sheriff has...

        16. [insert details of any directions]

        17. *In terms of section 58(4), (5) or (6) the sheriff...

        18. [insert details of any directions]

        19. *delete as appropriate

        20. For the purpose of enforcing any of these orders warrant...

        21. Signed....................

        22. Sheriff at....................

      54. FORM 54 APPLICATION FOR EXCLUSION ORDER BY LOCAL AUTHORITY

        1. Section 76 of the Children (Scotland) Act 1995

        2. Case No

        3. Date lodged

        4. Application to Sheriff at

        5. for an Exclusion Order under section 76(1) of the Children...

        6. Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE...

        7. * Note: Information to be provided in Part 3 where...

        8. PART 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

        9. CONDITIONS FOR MAKING APPLICATION

        10. [applicant to provide details of grounds for making the application...

        11. ANY OTHER RELEVANT APPLICATION OR ORDER WHICH AFFECTS THE CHILD...

        12. [insert details of any other applications or orders made which...

        13. SUPPORTING EVIDENCE

        14. The following supporting evidence is produced –

        15. [list reports, statements, affidavits or other evidence produced]

        16. PROPOSALS BY THE LOCAL AUTHORITY FOR FINANCIAL OR OTHER SUPPORT...

        17. [Insert details; Section 76(9) + (10) of the Act refer]...

        18. PART 3. DETAILS OF ORDER SOUGHT AND ANY TERMS, CONDITIONS...

        19. ORDER SOUGHT: The applicant requests the Sheriff to[insert details of...

        20. ANCILLARY OR INTERIM ORDERS SOUGHT

        21. In terms of section 77(3) the following orders or interim...

        22. [specify orders sought and provide information about the reasons for...

        23. TERMS AND CONDITIONS TO BE ATTACHED TO ORDER

        24. In terms of section 77(7) the applicant seeks an order...

        25. [insert details of the order sought].

        26. DIRECTIONS AS TO PRESERVATION OF NAMED PERSON’S PROPERTY

        27. In terms of section 77(5) the applicant seeks the following...

        28. [insert details of the direction sought].

        29. In terms of section 78(1) a power of arrest is...

        30. [insert details of interdict and provide information about the reasons...

        31. PART 4. DETAILS OF FIRST ORDER SOUGHT FROM THE SHERIFF...

        32. The applicant requests the sheriff to: (a) Fix a hearing....

        33. SIGNED.................... DATE....................

        34. [name, designation and address telephone, DX and fax numbers

      55. FORM 55 EXCLUSION ORDER

        1. Section 76 of the Children (Scotland) Act 1995

        2. Case No

        3. IN THE SHERIFF COURT

        4. at

        5. on

        6. In the application by the Local Authority for an exclusion...

        7. *From the effective date the rights of occupancy of [insert...

        8. *delete as appropriate

        9. ANCILLARY ORDERS

        10. In terms of section 77 the sheriff makes the following...

        11. [insert details of the orders granted and any terms and...

        12. For the purpose of enforcing this order warrant is granted...

        13. Signed....................

        14. Sheriff at....................

      56. FORM 56 CERTIFICATE OF DELIVERY TO THE CHIEF CONSTABLE

        1. Section 78 of the Children (Scotland) Act 1995

        2. (Insert place and date) I, hereby certify that upon the...

        3. Signed....................

        4. (name, designation and address)(add designation and business address)

      57. FORM 57 APPLICATION TO VARY OR RECALL AN EXCLUSION ORDER

        1. Section 79(3) of the Children (Scotland) Act 1995

        2. Case No

        3. Date lodged

        4. Application to Sheriff at

        5. to vary or recall an Exclusion Order under section 79(3)...

        6. Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE...

        7. *Note: Information to be provided in Part 3 where applicant...

        8. Part 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

        9. On[date of order] the Sheriff made an Exclusion Order in...

        10. OTHER APPLICATIONS AND ORDERS WHICH AFFECT THE CHILD

        11. [insert details of any other applications or orders made which...

        12. SUPPORTING EVIDENCE

        13. The following supporting evidence is produced –

        14. [list reports, statements, affidavits or other evidence including financial information...

        15. Part 3. Details of Order sought and any terms, conditions...

        16. ORDER SOUGHT: The applicant requests the Sheriff to[insert details of...

        17. [Insert here details and grounds for any order sought in...

        18. Part 4. DETAILS OF FIRST ORDER SOUGHT FROM THE SHERIFF...

        19. The applicant requests the sheriff to: (a) Fix a hearing....

        20. SIGNED.................... DATE....................

        21. [name designation and address telephone, DX and fax numbers]

      58. FORM 58 VARIATION OF EXCLUSION ORDER

        1. Section 79 of the Children (Scotland) Act 1995

        2. Case No

        3. IN THE SHERIFF COURT

        4. at

        5. on

        6. The sheriff makes the following order in the application by[insert...

        7. TERMS AND CONDITIONS IN FORCE UNDER

        8. EXCLUSION ORDER AFTER VARIATION

        9. *[insert name and address of named person] is excluded from[insert...

        10. *from[insert date] the rights of occupancy of [insert name] from...

        11. *the following ancillary orders are in force in terms of...

        12. [insert details of any orders in force and any terms...

        13. *delete as appropriate

        14. For the purpose of enforcing any of these orders warrant...

        15. Signed....................

        16. Sheriff at....................

      59. FORM 59 APPLICATION BY PRINCIPAL REPORTER FOR FURTHER DETENTION OF CHILD

        1. Section 67 of the Children (Scotland) Act 1995

        2. Case No

        3. Date lodged

        4. Application to Sheriff Court AT

        5. for further detention of a child under section 67 of...

        6. Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE...

        7. *Note: Information to be provided at part 3 below where...

        8. Part 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

        9. On[date] *[a children’s hearing for [local authority] or Sheriff Court]...

        10. *delete as appropriate

        11. The case in relation to the said[insert name of child]...

        12. [Insert here details and grounds for any order sought in...

        13. Part 3. DETAILS OF ORDER SOUGHT FROM THE SHERIFF

        14. It being necessary that the child’s detention be continued the...

        15. Principal Reporter....................

        16. [name and address telephone, DX and fax numbers]

      60. FORM 60 FORM OF APPLICATION TO SHERIFF UNDER SECTION 65 OF THE ACT

        1. SHERIFF COURT AT [insert place]

        2. APPLICANT:

        3. [insert name, address and designation of applicant,

        4. in the case of

        5. [insert name and address of child]

        6. 1.On[date] a children’s hearing for[local authority] gave a direction to...

        7. 2.A copy of the statement by the Principal Reporter of...

        8. *3.The said[insert name of child] or[insert name and address and...

        9. OR

        10. *4.The children’s hearing were satisfied that the said[insert name of...

        11. 5.The Principal Reporter therefore makes application to the sheriff to...

        12. 6.The Principal Reporter requests the sheriff to remove the obligation...

        13. .................... [name, designation and address telephone, DX and fax numbers]...

        14. Date....................

        15. [Place and Date]

        16. The court assigns[date] at[hour] within the[name court] in chambers at[place]...

        17. ....................

        18. *Sheriff or Sheriff Clerk

        19. *delete as appropriate

      61. FORM 61 APPEAL TO SHERIFF UNDER SECTION 51(1) OF THE ACT AGAINST DECISION OF CHILDREN’S HEARING IN RELATION TO A SUPERVISION REQUIREMENT

        1. Sheriff Court at

        2. Appeal

        3. under

        4. Section 51(1) of the Children

        5. (Scotland) Act 1995

        6. by

        7. [insert names and addresses of child

        8. and/or relevant person as appropriate]

        9. APPELLANT

        10. against

        11. a decision of the children’s hearing for

        12. [local authority area] at[insert place]

        13. 1.On[date] the said[insert names of child and relevant person as...

        14. 2.The children’s hearing appointed[insert name and address] to act as...

        15. 3.The grounds for the referral of the case stated by...

        16. *or [A supervision requirement, made on[date] in respect of the...

        17. 4.The children’s hearing decided that the said child was in...

        18. 5.The measures prescribed by the supervision requirement are not appropriate...

        19. 6.The said[insert names of child and relevant person as appropriate]...

        20. .................... [signed] appellant(s)

        21. *or solicitor for appellants

        22. *or safeguarder appointed by the

        23. chairman of the children’s hearing

        24. [insert name and address]

        25. *delete as appropriate

        26. [Place and date]

        27. The court assigns[date] at[hour] within the[name court] in chambers at[place]...

        28. Appoints the Sheriff Clerk forthwith* (a) To intimate a copy...

        29. ....................

        30. *Sheriff or Sheriff Clerk

        31. *delete as appropriate

      62. FORM 62 APPEAL TO SHERIFF AGAINST ISSUE OF WARRANT BY CHILDREN’S HEARING UNDER SECTION 51(1) AND (8) OF THE ACT

        1. Sheriff Court at

        2. Appeal

        3. under

        4. Section 51(1) of the Children

        5. (Scotland) Act 1995 by

        6. [insert names and addresses of child

        7. and/or relevant person as appropriate]

        8. APPELLANT

        9. against

        10. a decision of the children’s hearing for

        11. [local authority area] at[insert place]

        12. to issue a warrant for the detention of the

        13. said AB.

        14. 1.On[date] the said[insert name of child] was apprehended and kept...

        15. 2.The children’s hearing appointed[insert name and address] to act as...

        16. 3.The said warrant is unnecessary because[state reasons].

        17. 4.The said[insert names of child and relevant person as appropriate]...

        18. .................... [signed] appellant(s)

        19. *or solicitor for appellants

        20. *or safeguarder appointed by the

        21. chairman of the children’s hearing

        22. *delete as appropriate

        23. [insert name and address]

        24. [Place and date]

        25. The court assigns[date] at[hour] within the[name court] in chambers at[place]...

        26. Appoints the Sheriff Clerk forthwith* (a) To intimate a copy...

        27. ....................

        28. *Sheriff or Sheriff Clerk

        29. *delete as appropriate

      63. FORM 63 APPEAL TO SHERIFF AGAINST A REQUIREMENT BY THE CHILDREN’S HEARING UNDER SECTION 51(1) OF THE ACT

        1. Sheriff Court at []

        2. Appeal

        3. under

        4. Section 51(1) of the Children Scotland)

        5. Act 1995

        6. by

        7. [insert names and addresses of child

        8. and/or relevant person as appropriate]

        9. APPELLANT

        10. against

        11. a decision of the children’s hearing for

        12. [local authority area] at[insert place]

        13. to make a supervision requirement in

        14. respect of the said[insert name of child].

        15. 1.On[date] a children’s hearing for[local authority area] made a requirement...

        16. 2.The children’s hearing appointed[insert name and address] to act as...

        17. 3.The said requirement is unnecessary because[state reasons].

        18. 4.The said[insert names of child and relevant person as appropriate]...

        19. .................... [signed] appellant(s)

        20. *or solicitor for appellants

        21. *or safeguarder appointed by the

        22. chairman of the children’s hearing

        23. [insert name and address]

        24. *delete as appropriate

        25. [Place and date]

        26. The court assigns[date] at[hour] within the[name court] in chambers at[place]...

        27. Appoints the Sheriff Clerk forthwith* (a) To intimate a copy...

        28. .................... *Sheriff or Sheriff Clerk

        29. *delete as appropriate

      64. FORM 64 INTIMATION TO CHILD IN APPLICATION UNDER SECTION 51 OF THE CHILDREN (SCOTLAND) ACT 1995

        1. Dear [insert name by which child is known]

        2. As you know at the Children’s Hearing (Panel) held on[...

        3. Since the decision of the hearing to[insert details of decision...

        4. The sheriff will listen to the evidence in your case,...

        5. A sheriff assists for lots of different reasons, this time...

        6. Remember that the date, time and place of the court...

        7. IMPORTANT NOTE: IT IS VERY IMPORTANT THAT YOU ATTEND COURT...

        8. If you are unsure about what to do you can...

        9. You will see that, along with this letter, there is...

        10. YOU MUST ATTEND ON THE FOLLOWING DATE:

        11. DATE OF HEARING:....................

        12. TIME OF HEARING:....................

        13. PLACE OF HEARING: Sheriff Court....................

        14. ADDRESS:.................... .................... ....................

      65. FORM 65 IN APPLICATION UNDER SECTION 85 OF THE CHILDREN (SCOTLAND) ACT 1995

        1. FORM OF WARRANT TO CITE PRINCIPAL REPORTER

        2. [Place and date]

        3. The court

        4. 1.Assigns[date] at[hour] within the[name court] in chambers at[place] for the...

        5. 2.Appoints the Appellant to forthwith cite the Principal Reporter to...

        6. 3.Appoints the Appellant to forthwith intimate the application to

        7. 4.Grants warrant to cite witnesses and havers.

        8. 5.*Dispenses with notice and service on[insert name] for the following...

        9. .................... *Sheriff Clerk

        10. *delete as appropriate

      66. FORM 66

        1. (Place) (Date)

        2. AB (design)

        3. Intimation is hereby given that there has been received at...

        4. *A copy of the document summarising that evidence taken by...

        5. or

        6. *A copy of the note of that evidence taken at...

        7. IF YOU WISH TO MAKE REPRESENTATIONS AND ADDUCE FURTHER EVIDENCE...

        8. IF YOU DO NOTHING IN ANSWER TO THIS INTIMATION the...

        9. [Signed]

        10. Sheriff Clerk

        11. *Delete as appropriate

      67. FORM 67 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ACT 1972

        1. (Place)(Date)

        2. AB (Design)

        3. Intimation is hereby given of the receipt at [name and...

        4. A copy of the provisional order together with a summary...

        5. IF YOU WISH TO OPPOSE THE ORDER, you must lodge...

        6. IF YOU DO NOTHING IN ANSWER TO THIS INTIMATION the...

        7. [Signed]

        8. Sheriff Clerk

        9. *Delete as appropriate

      68. FORM 68 FORM OF DECLARATION

        1. I hereby declare that the foregoing certified copy of a...

        2. [Signed] AB

        3. Sheriff Clerk Depute

      69. FORM 69 NOTICE OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN THE REPUBLIC OF IRELAND

        1. (Place) (Date)

        2. AB (Design)

        3. Intimation is hereby given of the registration in the Maintenance...

        4. In terms of the said maintenance order you are required...

        5. You may within one calendar month from the date of...

        6. The grounds upon which application to be set aside the...

        7. [Signed]

        8. Sheriff Clerk

      70. FORM 70 NOTICE OF REGISTRATION FOR THE PURPOSES OF ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN *THE REPUBLIC OF IRELAND/A HAGUE CONVENTION COUNTRY

        1. (Place) (Date)

        2. AB (Design)

        3. Notice is hereby given of the registration of the Maintenance...

        4. In terms of said maintenance order CD (design payer) is...

        5. [Signed]

        6. Sheriff Clerk

        7. *Delete as appropriate

      71. FORM 71 NOTICE OF A DECISION NOT TO REGISTER, FOR THE PURPOSES OF ENFORCEMENT IN SCOTLAND, A MAINTENANCE ORDER MADE IN *THE REPUBLIC OF IRELAND/A HAGUE CONVENTION COUNTRY

        1. (Place) (Date)

        2. AB (Design)

        3. Notice is hereby given that the maintenance order made by...

        4. The Order has not been registered on the grounds that...

        5. You may within one calendar month from the date of...

        6. [Signed]

        7. Sheriff Clerk

      72. FORM 72 INTIMATION OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN A HAGUE CONVENTION COUNTRY

        1. (Place) (Date)

        2. AB (Design)

        3. Intimation is hereby given of the registration in the Maintenance...

        4. In terms of the said maintenance order you are required...

        5. You may within one calendar month from the date of...

        6. The grounds upon which application to set aside the registration...

        7. [Signed]

        8. Sheriff Clerk

      73. FORM 73 NOTICE OF DETERMINATION BY SHERIFF CLERK OF APPLICATION UNDER SECTION 5 OF THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982

        1. Sheriff Court (Address)

        2. ....................(Applicant) v.....................

        3. (Respondent)

        4. TAKE NOTICE that the application by [name and address], for...

        5. (Signed)

        6. Sheriff Clerk

        7. Date

        8. NOTE:

        9. 1.If the application has been granted to any extent, the...

        10. 2.If the application has been refused or not granted in...

        11. 3.A solicitor qualified in Scots law should be consulted for...

        12. *Delete as appropriate

      74. FORM 74 FORM OF CERTIFICATE OF A TRANSFER OF RIGHTS TO AN ORDER BY VIRTUE OF SECTION 107 OF THE ACT

        1. (Place) (Date)

        2. I certify that notice has today been received from the...

        3. (Signed)

        4. Sheriff Clerk [Depute]

    2. SCHEDULE 2

      REVOCATIONS

    3. SCHEDULE 3

      EXCLUSION OF ENACTMENTS

  10. Explanatory Note

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