Act of Sederunt (Child Support Rules) Amendment 2001
| Jurisdiction | Scotland |
2001 No. 143
SHERIFF COURT
Act of Sederunt (Child Support Rules) Amendment 2001
Made 30th March 2001
Coming into force 2nd April 2001
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711and section 40A(8) of the Child Support Act 19912and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:
Citation, commencement and interpretation
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules) Amendment 2001 and shall come into force on 2nd April 2001.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Act of Sederunt (Child Support Rules) 1993
2.—(1) The Act of Sederunt (Child Support Rules) 19933shall be amended in accordance with the following paragraphs.
(2) In rule 2(1) (application for a liability order), “and Form A” shall be omitted.
(3) In rule 5(1) (appeal against a deduction from earnings order), for “Form A” there shall be substituted “Form A1”.
(4) After rule 5 insert–
“Application for commitment to prison or disqualification from driving
5A.—(1) An application under section 39A(1)4of the Act of 1991 shall be made by summary application.
(2) Citation, where necessary, of a respondent in respect of an application under paragraph (1) shall be in Form 7.
Warrant of arrest
5B.—(1) The sheriff may issue a warrant for the arrest of the liable person if–
(a)
(a) he has been cited in terms of rule 5A(2) and fails to appear in person at the hearing; or
(b)
(b) the sheriff otherwise considers it to be appropriate for the purpose of enabling an inquiry in terms of section 39A(3) of the Act of 1991.
(2) A warrant issued in terms of paragraph (1) shall be in Form 8.
Evidence of means
5C. In any proceedings following an application made in terms of rule 5A(1), a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed by or on behalf of his employer, shall be sufficient evidence of the facts there stated.
Warrant of commitment to prison
5D. A warrant for the commitment of a liable person to prison issued in terms of section 40A(1)(a) of the Act of 1991 shall be in Form 9.
Order for disqualification from driving
5E.—(1) A disqualification order made in terms of section 40B(1)5of the Act of 1991 shall be in Form 10.
(2) An application in terms of section 40B(5) of the Act of 1991 for a reduction in a period of disqualification, shall be made by minute.
Renewal of application
5F. If no order is made in respect of an application under section 39A(1) of the Act of 1991 any further application under that section, including the renewal of an application, shall be made of new by summary application in terms of rule 5A(1).”.
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