Act of Sederunt (Child Support Rules) (Amendment) 2009
| Jurisdiction | Scotland |
| Citation | SSI 2009/365 |
| Year | 2009 |
SCOTTISH STATUTORY INSTRUMENTS
2009 No. 365
SHERIFF COURT
Made - - - - 22nd October 2009
Coming into force - - 11th November 2009
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of
having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance
with section 34 of the said Act of 1971, 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)
(Amendment) 2009 and comes into force on 11th November 2009.
(2) This Act of Sederunt is to be inserted in the Books of Sederunt.
Amendment of the Child Support Rules
2.—(1) The Act of Sederunt (Child Support Rules) 1993(b) is amended in accordance with the
following subparagraphs.
(2) In paragraph (3) of rule 1 (interpretation)—
(a) after the definition of “the Act of 1991” insert—
““the Commission” means the Child Maintenance and Enforcement Commission;”;
(b) after the definition of “liable person” insert—
““lump sum deduction order” means an order under section 32F of the Act of 1991(c);
and
“regular deduction order” means an order under section 32A of the Act of 1991(d).”.
(3) In paragraph (1) of rule 2 (application for a liability order)(e)—
(a) for “Secretary of State” substitute “Commission”;
(a) 1971 c.58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 2,
paragraph 12, the Civil Evidence (Scotland) Act 1988 (c.32), section 2(4), the Children (Scotland) Act 1995 (c.36),
Schedule 4, paragraph 18(2), the Adults with Incapacity (Scotland) Act 2000 (asp 4) (“the 2000 asp”), schedule 5,
paragraph 13 and the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43, the Vulnerable
Witnesses (Scotland) Act 2004 (asp 3), section 14(2), the Consumer Credit Act 2006 (c.14), section 16(4) and the
Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 33 and was extended by the Debtors (Scotland) Act
1987 (c.18), section 97, the Child Support Act 1991 (c.48), sections 39(2) and 49 and by section 2(4) of the 2000 asp.
(b) S.I. 1993/920, amended by S.S.I. 2001/143.
(c) Section 32F was inserted into the Child Support Act 1991 by section 23 of the Child Maintenance and Other Payments Act
(d) Section 32A was inserted by section 22 of the Child Maintenance and Other Payments Act 2008.
(e) Rule 2 was amended by S.S.I. 2001/143.
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