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1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Adult Support and Protection (Scotland) Act 2007) (No. 3) 2008 and shall come into force on 20th November 2008.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended in accordance with the following subparagraphs.
(2) Paragraph (3) of rule 3.35.4 (attachment of power of arrest)(2) is omitted.
(3) For rule 3.35.5 (notification to adult at risk)(3) substitute–
3.35.5. Where section 26(1)(b) of the Act (notification to the adult at risk etc. on the variation or recall of a banning order or temporary banning order) applies, the person prescribed for the purposes of section 26(2) is the sheriff clerk.”.
(4) In rule 3.35.6 (certificate of delivery of documents)(4) for “section 25(2) or 26(2)” substitute “section 26(2), 27(1) or 27(2)”.
(5) For Form 34 in Schedule 1(5), substitute Form 34 set out in the Schedule to this Act of Sederunt.
A C HAMILTON
Lord President I.P.D.
Edinburgh
13th November 2008
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