Act of Sederunt (Child Support Rules Amendment) (Miscellaneous) 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/351 |
| Year | 2015 |
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S
2015 No. 351
SHERIFF COURT
Act of Sederunt (Child Support Rules Amendment)
(Miscellaneous) 2015
Made - - - - 16th October 2015
Laid before the Scottish Parliament 20th October 2015
Coming into force - - 21st December 2015
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance
Act 2013(a), the Court of Session has approved draft rules submitted to it by the Scottish Civil
Justice Council with such modifications as it thinks appropriate.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by section
90(4) of the Debtors (Scotland) Act 1987(b), section 104(1) of the Courts Reform (Scotland) Act
2014(c) and all other powers enabling it to do so.
Citation and commencement, etc.
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules
Amendment) (Miscellaneous) 2015.
(2) It comes into force on 21st December 2015.
(3) A certified copy is to be inserted in the Books of Sederunt.
Amendment of Child Support Rules
2.—(1) The Act of Sederunt (Child Support Rules) 1993(d) is amended in accordance with this
paragraph.
(2) In rule 2 (application for a liability order)(e)—
(a) in paragraph (1), for “Form 1” substitute “Form 2–A”;
(b) in paragraph (2), for “Form 2” substitute “Form 2–B”;
(c) in paragraph (7), for “Form 3” substitute “Form 2–C”;
(d) in paragraph (9), for “Form 4” substitute “Form 2–D”.
(3) In rule 4(1) (service of charge following the making of a liability order), for “Form 5”
substitute “Form 4”.
(a) 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).
(b) 1987 c.18. Section 90 was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 209(5).
(c) 2014 asp 18. The powers conferred by section 104 are extended by section 40A(8) of the Child Support Act 1991, c.48.
(d) S.I. 1993/920, last amended by S.S.I. 2012/271.
(e) Rule 2 was last amended by S.S.I. 2012/271.
2
(4) In rule 5(1) (appeal against a deduction from earnings order)(a), for “Form 6” substitute
“Form 5”.
(5) In rule 5A(2) (application for commitment to prison or disqualification from driving)(b)—
(a) for “respondent” substitute “liable person”;
(b) for “Form 7” substitute “Form 5A”.
(6) In rule 5AC (lump sum deduction order: appeals)(c)—
(a) in paragraph (1), for “Form 5AC” substitute “Form 5AC–A”;
(b) in paragraph (2), for “Form 5AD” substitute “Form 5AC–B”.
(7) In rule 5B(2) (warrant of arrest)(d), for “Form 8” substitute “Form 5B”.
(8) In rule 5D (warrant of commitment to prison)(e), for “Form 9” substitute “Form 5D”.
(9) In rule 5E(1) (order for disqualification from driving)(f), for “Form 10” substitute “Form
5E”.
(10) For the Schedule, substitute the Schedule set out in the Schedule to this Act of Sederunt.
CJM SUTHERLAND
Lord Justice Clerk
I.P.D.
Edinburgh
16th October 2015
(a) Rule 5 was last amended by S.S.I. 2012/271.
(b) Rule 5A was inserted by S.S.I. 2001/143.
(c) Rule 5AC was inserted by S.S.I. 2009/365 and amended by S.S.I. 2012/271.
(d) Rule 5B was inserted by S.S.I. 2001/143.
(e) Rule 5D was inserted by S.S.I. 2001/143.
(f) Rule 5E was inserted by S.S.I. 2001/143.
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