Act of Sederunt (Child Support Rules) 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/920 |
| Year | 1993 |
1993 No. 920 (S.127)
SHERIFF COURT, SCOTLAND
Act of Sederunt (Child Support Rules) 1993
Made 26th March 1993
Coming into force 5th April 1993
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 32 of the Sheriff Courts (Scotland) Act 19711and of all other powers enabling them in that behalf, having approved, with modifications, draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of that Act, do hereby enact and declare:
Citation and commencement
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules) 1993 and shall come into force on 5th April 1993.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
(3) In this Act of Sederunt–
“the Act of 1991” means the Child Support Act 19912;
“deduction from earnings order” means an order under section 31(2) of the Act of 1991;
“liability order” means an order under section 33(2) of the Act of 1991; and
“liable person” means a person liable to make payments of child support maintenance.
(4) A reference in rules 1 to 6 of this Act of Sederunt to a numbered form is a reference to the form so numbered in the Schedule to this Act of Sederunt or a form substantially to the same effect, with such modifications as circumstances may require.
Application for a liability order
2.—(1) An application by the Secretatry of State for a liability order under section 33(2) of the Act of 1991 shall be by summary application in Form 1, and rule 3 and Form A of the Ordinary Cause Rules of the sheriff court3shall not apply to such an application.
(2) The sheriff clerk shall, on receiving an application under paragraph (1) above, order the application to be served on the liable person with a notice in Form 2; and service of the application and notice shall be by a solicitor or officer of court, who shall complete an execution of service.
(3) Where the liable person wishes to object to the grant of the application he shall do so by completing Form 2 and returning it to the sheriff clerk within 21 days after the date of service of the application.
(4) The sheriff clerk, on receipt of an objection which is in accordance with paragraph (3) above, shall–
(a)
(a) put out the cause for hearing; and
(b)
(b) intimate the hearing to the parties.
(5) The sheriff may consider the application, and any objection which has been received, on the date fixed for hearing, or at any continuation of it, whether or not any of the parties appear.
(6) Where no objection to the grant of the application in accordance with paragraph (3) above has been received within 21 days after the date of service, the applicant may return the application, together with a duly completed execution of service, to the sheriff clerk requesting the sheriff to make a liability order.
(7) A liability order shall be in Form 3.
(8) An extract of the liability order, or other order of the sheriff, may be issued on the expiry of 14 days from the date of making of the order.
(9) An extract of the liability order shall be in Form 4.
Enforcement of non-Scottish liability orders within Scotland
3. Where a liability order made by a court in England and Wales or any corresponding order made by a court in Northern Ireland is, by virtue of regulations made under section 39(1) of the Act of 1991, to be enforced in Scotland, the liability order or corresponding order shall be registered for enforcement by the sheriff clerk appending to it a docquet in the following terms:–
“
Service of charge following the making of a liability order
4.—(1) Where a liability order has been made, a charge for payment under section 38 of the Act of 1991 shall be in Form 5.
(2) The period for payment specified in any charge under this rule shall be–
(a)
(a) 14 days where the person on whom it is served is within the United Kingdom; and
(b)
(b) 28 days...
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