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Sheriff Courts (Scotland) Act 1907

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Changes over time for: Cross Heading: PART IX

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Version Superseded: 04/05/2006

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Point in time view as at 02/01/2006.

Changes to legislation:

Sheriff Courts (Scotland) Act 1907, Cross Heading: PART IX is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1PART IXS APPLICATIONS FOR ORDERS UNDER SECTION 11 OF THE CHILDREN (SCOTLAND) ACT 1995.]

Textual Amendments

F1Chapter 33 Pt. IX (rules 33.60-33/65): heading substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 26

Application of this PartS

[F233.60.This Part applies to an application for a section 11 order in a family action other than in an action of divorce or separation.]

Textual Amendments

F2Rule 33.60 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 27

Form of applicationsS

33.61.Subject to any other provision in this Chapter, an application for [F3a section 11 order] shall be made—

(a)by an action for [F4a section 11 order];

(b)by a crave in the initial writ or defences, as the case may be, in any other family action to which this Part applies; or

(c)where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.

Textual Amendments

F3Words in rule 33.61 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 28(a)

F4Words in rule 33.61(a) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 28(b)

Defences in action for a section 11 orderS

[F5F533.62.In an action for a section 11 order, the pursuer shall call as a defender—

(a)the parents or other parent of the child in respect of whom the order is sought;

(b)any guardian of the child;

(c)any person who has treated the child as a child of his family;

(d)any person who in fact exercises care or control in respect of the child; and

F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F5Rule 33.62 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 29

F6Sch. 1 rule 33.62(e) omitted (2.10.2000) by virtue of S.S.I. 2000/239, para. 3(16)

Applications relating to interim orders in depending actionsS

33.63.An application, in an action depending before the sheriff to which this Part applies, for, or for the variation or recall of, an order for [F7an interim residence order or an interim contact order] shall be made—

(a)by a party to the action, by motion; or

(b)by a person who is not a party to the action, by minute.

Textual Amendments

F7Rule 33.63: the words “an interim residence order or an interim contact order” substituted for the words “interim custody or interim access” (1.11.1996) by virtue of S.I. 1996/2167, para. 2, Sch. para. 30

F833.64.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Rule 33.64 omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 31

Applications after decreeS

33.65.[F9(1)An application after final decree for variation or recall of a section 11 order shall be made by minute in the process of the action to which the application relates.]

(2)Where a minute has been lodged under paragraph (1), any party may apply by motion for an interim order pending the determination of the application.

Textual Amendments

F9Rule 33.65(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 32

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