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Act of Sederunt (Rules of the Court of Session 1994) 1994

Type Statutory-Instrument

Publication 1994-05-31

Last updated 2021-03-01

State In force

Department King's Printer of Acts of Parliament

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(2) No extract of an adoption order is to be issued except by order of the court on an application to it—

(a) where there is a petition for the adoption order or order under section 59 of the 2007 Act, as the case may be, depending before the court, by motion; or

(b) where there is no such petition depending before the court, by petition.

Reports by local authority or adoption agency

67.21

(1) Immediately after the communication is made under rule 67.19 or immediately upon a extract of the order being issued under rule 67.20 the clerk of court or the Extractor, as the case may be, shall—

(a) place the whole process in an envelope bearing only—

(i) the name of the petitioner;

(ii) the full name of the child to whom the process relates; and

(iii) the date of the order; and

(b) seal the envelope and mark it “confidential”.

(2) The envelope referred to in paragraph (1) is not to be unsealed by the clerk of court or any other person having control of the records of the court, and the process is not to be made accessible to any person for one hundred years after the date of the granting of the order, except—

(a) to an adopted child who has attained the age of 16 and to whose adoption the process refers;

(b) to the Deputy Principal Clerk, on an application being made to him by an adoption agency, and with the consent of the adopted person for the purpose only of ascertaining the name of the agency, if any, responsible for the placement of that person and informing the applicant of that name;

(c) to a person on an application made by petition presented by him to the court setting forth the reason for which access to the process is required;

(d) to a court, public authority or administrative board (whether in the United Kingdom or not) having power to authorise an adoption, on petition to it by the court requesting that information be made available from the process for the purpose of discharging its duties in considering an application for adoption and specifying the precise reason for which access to the process is required;

(e) to a person who is authorised by the Scottish Ministers to obtain information for the purposes of such research as is intended to improve the working of adoption law and practice.

(3) The clerk of court must—

(a) where the court also makes an order under section36(2) (revocation of supervision requirement) of the 2007 Act, intimate that order to the Principal Reporter; and

(b) where appropriate, intimate the making of an adoption order or order under section 59 of the 2007 Act to the court by which—

(i) an order freeing the child for adoption was made; or

(ii) a permanence order with provision granting authority for the child to be adopted was made.

Applications for adoption order

67.22

(1) An application under paragraph7 of Schedule1 to the 2007 Act (amendment of orders and rectification of registers) shall be made by petition.

(2) The court may order the petitioner to intimate the petition to such persons as it considers appropriate.

(3) Subject to paragraph (4), rule 67.2 (disapplication of certain rules to this Chapter) shall not apply to an application mentioned in paragraph (1).

(4) An application mentioned in paragraph (1) shall not be intimated on the walls of court or advertised.

Notice of petition and appointment of reporting officer and curator ad litem

67.23

(1) An application under section20(2) (leave to remove child placed for adoption with consent), 21(3) (leave to remove child where notice of intention to adopt given), 22(3) (leave to remove child where application for adoption order pending), 23(3) (leave to remove child looked after by local authority), 24(1) (return of child removed in breach of certain conditions) or 24(2) (order directing person not to remove child) of the 2007 Act shall be made—

(a) if there is pending in respect of the child an application for an adoption order, by note in the process of that application; or

(b) in any other case, by petition.

(2) Subject to paragraph(3), rule67.2 (disapplication of certain rules to this Chapter) shall not apply to a petition under paragraph (1)(b).

(3) A petition under paragraph(1)(b) shall not be intimated on the walls of court or advertised.

Duties of reporting officer and curator ad litem

67.24

In this Part, unless the context otherwise requires—

“Central Authority” means the Scottish Executive;

“the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;

“Convention adoption order” means an adoption which, by virtue of regulation 53(2) of the 2009 Regulations, is made as a Convention adoption order;

“Convention country” means any country or territory in which the Convention is in force.

Hearing of adoption petition

67.25

(1) An application for a Convention adoption order is to be made by petition in Form 67.25.

(2) The following documents must be lodged in process along with a petition under paragraph(1):—

(a) a certificate, register extract, or other proof of date of birth relating to the child who is the subject of the application, issued or authenticated by the applicable Convention country authority;

(b) in the case of a joint petition by a married couple, a certificate, register extract or other proof of their marriage, issued or authenticated by the applicable Convention country authority;

(c) in the case of a joint petition by a couple who are civil partners of each other, a certificate, register extract or other proof of their civil partnership, issued or authenticated by the applicable Convention country authority;

(d) any report by the local authority required by section19(2) (investigation by local authority on receipt of notice of intention to apply for adoption order) of the 2007 Act, if available;

(e) any report by an adoption agency, being a Scottish accredited body, required by section17 (report on the suitability of the applicants and other matters) of the 2007 Act, if available;

(f) where appropriate, an extract of the order freeing the child for adoption;

(g) where appropriate, an extract of the permanence order made in respect of the child under section80 of the 2007 Act;

(h) in the case of a petition to which the provisions of Chapter 1 of Part 3 of the 2009 Regulations apply—

(i) copies of the Article 16 Information and the Agreement under Article 17(c) of the Convention referred to in regulation 34(c) of those Regulations; and

(ii) the confirmation referred to in regulation 34(d) of those Regulations;

(i) in the case of a petition to which the provisions of Chapter 2 of Part 3 of the 2009 Regulations apply—

(i) copies of the Article 16 Report and the Agreement under Article 17(c) of the Convention referred to in regulation 51(c) of those Regulations; and

(ii) the confirmation referred to in regulation 51(d) of those Regulations;

(j) any other document founded on by the petitioner in support of the petition;

(k) where appropriate, a translation into English of any document referred to in subparagraphs (a) to (j), together with the certificate referred to in paragraph(3).

(3) The certificate mentioned in paragraph (2)(k) is a certificate by the translator—

(a) certifying that the translation is in conformity with the original document; and

(b) giving the full name, address and qualifications of the translator.

(4) A report by a local authority under section19(2), or an adoption agency under section17 of the 2007 Act must be in numbered paragraphs and include the following matters:—

(a) a description of the petitioner’s background, including his family history, medical history, his social environment, his reasons for wishing to adopt, his eligibility and suitability to adopt, and in particular his suitability for a Convention adoption order;

(b) a description of the child’s background, including his family history, his medical history and that of his family, his social environment, his physical and mental health (including any special needs), and his emotional, behavioural and educational development;

(c) information about the mutual suitability of the petitioner and the child for the relationship created by adoption, and the ability of the petitioner to bring up the child, including an assessment of the personalities of the petitioner and of the child;

(d) particulars of all the members of the household of the petitioner, and their relationship to the petitioner;

(e) a description of the accommodation in the home of the petitioner;

(f) in a petition by only one member of a relevant couple within the meaning of section 29(3) of the 2007 Act, why the other member of that couple has not joined in the application;

(g) whether the petitioner understands the nature and effect of an adoption order and in particular that the order, if made, will make the petitioner responsible for the mainte283ce and upbringing of the child;

(h) whether the means and standing of the petitioner are such as to enable him to maintain and bring up the child suitably;

(i) whether the child has any right or interest in property and, if so, what right or interest;

(j) whether any payment or other reward in consideration of the proposed adoption, other than an approved adoption allowance has been received or agreed;

(k) what insurance has been offered on the life of the child;

(l) the religious persuasion, racial origin, and cultural and linguistic background of the child and of the petitioner;

(m) considerations arising from the difference in age between the petitioner and the child if this is more or less than the normal difference between parents and children;

(n) whether adoption is likely to safeguard and promote the welfare of the child throughout his life;

(o) whether the child is subject to a supervision requirement under section 70 of the 1995 Act and, if so, what steps have been taken to comply with section 73(4)(c), (5) and (13) (duration and review of supervision requirement) of that Act;

(p) whether there has been a contravention of section 75 of the 2007 Act in relation to the child;

(q) whether there has been a failure to comply with section 76(2) of the 2007 Act in relation to the child;

(r) any other matters relevant to the operation of section 14 of the 2007 Act in relation to the application;

(s) where appropriate, information about whether—

(i) in an application under section 29(1) of the 2007 Act, the petitioners are a relevant couple within the meaning of section 29(3)(c) or (d) of the 2007 Act

(ii) in an application under section 30(1) of the 2007 Act, the petitioner is a member of a relevant couple within the meaning of section 29(3)(c) or (d) of the 2007 Act;

(t) in the case of a petition to which the provisions of Chapter 1 of Part 3 of the 2009 Regulations apply, the confirmation, the date and the details referred to respectively in regulation 33(a), (b) and (c) of those Regulations;

(u) any other information which may be of assistance to the court.

(5) If no report mentioned in paragraph(2)(d) or (e) is available to be lodged with the petition, the court shall pronounce an interlocutor requiring the local authority or adoption agency to prepare and lodge such a report in court within 2weeks from the date of the interlocutor, or within such other period as the court in its discretion may allow.

Supervision by or committal to care of local authority

67.26

Rules 67.11 to 67.23 (other than paragraph (3)(n) of rule 67.12) of Part 2 are to apply to an application under this Part, so far as they are not inconsistent with this Part, except that—

(a) rule 67.11 (appointment of curator ad litem) and reporting officer) is to be read as if—

(i) in paragraph (1), for “rule 67.8” there were substituted “rule 67.25”;

(ii) in paragraph (1) “and reporting officer” were omitted; and

(iii) for paragraphs (2) and (3) there were substituted—

(2) Subject to paragraph (3), the court must not appoint a reporting officer. (3) A reporting officer must be appointed where the child who is the subject of the application is aged 12 or over, for the purposing of witnessing that child’s consent where that consent is executed in Scotland.

(b) rule 67.14 (intimation and hearing of adoption petition) is to be read as if—

(i) in paragraph (1), for “rule 67.8” there were substituted “rule 67.25”;

(ii) for paragraph (1)(b) there were substituted—

(b) the petitioner must intimate a copy of the petition along with a notice of intimation in Form 67.14-A to— (i) the curator ad litem and reporting officer; (ii) any person or body who has care or possession of the child; and (iii) any local authority or adoption agency that has prepared a report under section 17 or 19(2) of the 2007 Act.

(iii) paragraph 1(c) and (d) were omitted.

(67.19) (1) The making of a Convention adoption order is to be intimated in accordance with this rule to the Registrar General and the Central Authority by the clerk of court. (2) A certified copy of the order making a Convention adoption order must be sent to the Registrar General and the Central Authority in a sealed envelope marked “Confidential”.

Applications under section 49(1) of the Act of 1978

67.27

(1) This rule applies to an application for—

(a) an order under section 68 (annulment and recognition) of the 2007 Act; and

(b) a decision under section 68(2)(b) of the 2007 Act.

(2) Where the adopted person is under the age of 18 years on the date of the making of an application to which this rule applies, the court shall appoint a curator ad litem with the duties mentioned in rule 67.12(3).

(3) On the court granting an application to which this rule applies, the Deputy Principal Clerk shall send a notice of the order to the Registrar General specifying—

(a) the date of the adoption;

(b) the name and address of the authority which granted the adoption;

(d) the country in which the petition was granted;

(e) the country of which the adopted person is a national; and

(f) the country in which the adopted person was born.

Applications for return, removal or prohibition of removal of child

67.28

(1) An application for a permanence order under section80 of the 2007 Act is to be made by petition in Form67.28.

(2) The following documents must be lodged in process along with a petition under paragraph (1):—

(a) an extract of the entry in the Register of Births relating to the child who is the subject of the application;

(b) a report by the petitioner in numbered paragraphs which deals with the following matters:—

(i) how the needs of the child came to the notice of the petitioner;

(ii) any relevant family circumstances of the child;

(iii) a description of the physical and mental health of the child (including any special needs) and his emotional, behavioural and educational development;

(iv) an account of the discussion by the petitioner with the parents or guardians of the child and, if appropriate, with the child about their wishes and the alternatives to a permanence order;

(v) where appropriate, whether the father of the child has been given notice and provided with the prescribed information under section 105(2) of the 2007 Act;

(vi) the knowledge of the petitioner of the position of other relatives or persons likely to be involved;

(vii) an account of the search by the petitioner for any parent or guardian who cannot be found;

(viii) the arrangements of the petitioner to care for the child after the making of a permanence order (including the arrangements for contact between the child and any other person);

(ix) the child’s religious persuasion, racial origin and cultural and linguistic background;

(x) the likely effect on the child of the making of a permanence order;

(xi) whether there is a person who has the right mentioned in section2(1)(a) of the 1995 Act to have the child living with the person or otherwise to regulate the child’s residence and, where there is such a person, evidence that the child’s residence with the person is or is likely to be seriously detrimental to the welfare of the child;

(xii) whether the child is or has been married or a civil partner;

(xiii) in the case of a petition containing a request that the order include provision granting authority for the child to be adopted, the matters mentioned in paragraph (3);

(xiv) in the case of a petition in respect of a child who is aged 12 or over, whether the child consents to the making of the order or is incapable of doing so;

(xv) whether the child is subject to a supervision requirement under section 70 of the 1995 Act;

(xvi) any other information which may be of assistance to the court having regard, in particular, to sections 83 (if appropriate) and 84 of the 2007 Act;

(3) The matters referred to in paragraph(2)(xiii) are—

(a) whether the child has been, or is likely to be, placed for adoption;

(b) whether each parent or guardian of the child understands what the effect of making an adoption order would be and consents to the making of such an order in relation to the child, or the grounds on which such consent should be dispensed with.

(4) If the report mentioned in paragraph (2)(b) is unavailable to be lodged with the petition, the court shall pronounce an interlocutor requiring the petitioner to prepare and lodge such a report within 2 weeks of the date of the interlocutor, or within such other period as the court in its discretion may allow.

Applications to amend or revoke a direction in, or revoke, an adoption order

67.29

(1) The court must, on the lodging of a petition under rule67.28 appoint a curator ad litem and reporting officer.

(2) Subject to paragraph (3), the court must not appoint a reporting officer where the petition does not request that the order include provision granting authority for the child to be adopted.

(3) Notwithstanding paragraph (2), a reporting officer must be appointed where the child who is the subject of the application is aged 12 or over for the purpose of witnessing that child’s consent where that consent is to be executed in Scotland.

(4) The same person may be appointed as curator ad litem and reporting officer in the same petition if the court considers that doing so is appropriate in the circumstances

(5) A person may, before presenting the petition, apply by letter to the Deputy Principal Clerk for the appointment of a reporting officer.

(6) An application under paragraph(4) shall—

(a) set out the reasons for which the appointment is sought;

(b) not require to be intimated to any person;

(d) be placed by the Deputy Principal Clerk before the Lord Ordinary for his decision.

(7) The Deputy Principal Clerk shall intimate the appointment of a curator ad litem and reporting officer under paragraph(1) or (5) to the petitioner and to the person or persons appointed.

(8) The decision of the Lord Ordinary on an application under paragraph(5) shall be final and not subject to review.

(9) The letter and the interlocutor sheet in an application under paragraph(5) shall be kept in the Petition Department and subsequently placed in the process of the petition.

Registration of certified copy interlocutor

67.30

(1) On the lodging of a petition under rule67.28—

(a) the Deputy Principal Clerk must cause the petition to be put on the By Order Roll before the Lord Ordinary not less than 6 and not more than 8 weeks thereafter;

(b) where the petition does not contain a request that the order include provision granting authority for the child to be adopted, the petitioner must intimate a copy of the petition along with a notice of intimation in Form67.30-A to—

(i) any person who has parental responsibilities or parental rights in relation to the child; and

(ii) any person who claims to have an interest;

(i) the petitioner must intimate a copy of the petition along with a notice of intimation in Form67.30-A to the persons mentioned in paragraph(2); and

(ii) the petitioner must intimate a copy of the petition along with a notice of intimation in Form 67.30-B to the father of the child if he does not have, and never has had, parental responsibilities and parental rights in relation to the child;

(d) the Deputy Principal Clerk must intimate the date of the hearing on the By Order Roll to the curator ad litem and to any reporting officer appointed under rule67.29;

(e) the court may order the petitioner to intimate the application to such other person as it considers appropriate.

(2) The persons referred to in paragraph (1)(c)(i) are—

(a) every person who can be found and whose consent to the making of the order is required to be given or dispensed with under the 2007 Act;

(b) if no such person can be found, a relative of the child within the meaning of section119(1) of the 2007 Act unless the address of such a relative is not known to the petitioner and cannot reasonably be ascertained.

(3) A notice of intimation under paragraph(1)(c)(i) must include the following matters:–

(a) that an application for a permanence order containing a request that the order include provision granting authority for the child to be adopted has been made;

(b) the date on which and place where the By Order hearing will be held;

(d) the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.

(4) A notice of intimation under paragraph(1)(c)(ii) must include the matters mentioned in paragraphs(3)(a) and (b).

Extract of order

67.31

(1) At the By Order hearing appointed under rule67.30 the court must—

(a) if no party indicates his intention to oppose the petition, dispose of the cause or make such other order as it considers appropriate; or

(b) in any other case—

(i) ascertain from the parties the anticipated length of any proof that may be required;

(ii) fix a diet of proof not less than 12 and not more than 16weeks after the date of the hearing on the By Order Roll unless, on cause shown, a longer period is appropriate;

(iii) give such directions as to the preparation for the proof as it considers appropriate;

(iv) order answers and any other documents to be lodged within 21days of the date of the hearing on the By Order Roll or such other period as it considers appropriate.

(2) Paragraph(1)(b)(ii) shall not require a proof to be held when the court is in vacation unless the court otherwise directs.

(3) At the By Order hearing the court may—

(a) if it is not satisfied that the facts stated in the petition are supported by the documents lodged with it or by the reports of the curator ad litem and reporting officer, order the production of further documents; and

(b) where it considers it appropriate to do so, fix a pre-proof hearing not less than 2 and not more than 6weeks before the diet of proof;

Procedure after intimation to Registrar General or issue of extract

67.32

(1) If the court appoints a pre-proof hearing under rule 67.31, the parties must provide the court with sufficient information to enable it to conduct the hearing as provided for in this rule.

(2) At the pre-proof hearing the court must ascertain, so far as is reasonably practicable, whether the cause is likely to proceed to proof on the date fixed for that purpose and, in particular, the court must consider—

(a) the state of preparation of the parties;

(b) the extent to which the parties have complied with any orders made by the court under rule67.31.

(3) At the pre-proof hearing the court may—

(a) discharge the proof and fix a new date for such proof;

(b) adjourn the pre-proof hearing;

(c) order the lodging of joint minutes of agreement, affidavits and expert reports within such period as it considers appropriate;

(d) make such other order as it considers appropriate to secure the expeditious progress of the cause.

Interpretation of this Part

67.33

(1) Where a permanence order has been granted, the Deputy Principal Clerk must—

(a) after the expiry of 14 days from the date of, or date of confirmation of, the order without an appeal having been taken, issue an extract of the order to the petitioner;

(b) where the court has also made an order under section 89(2) (revocation of supervision requirement) of the 2007 Act, intimate the making of that order to the Principal Reporter.

(2) Where the permanence order includes provision granting authority for the child to be adopted, the Deputy Principal Clerk must, after complying with paragraph (1), seal the process in an envelope marked “Confidential”.

(3) The envelope referred to in paragraph (2) must not be unsealed by the clerk of court or any other person having control of the records of that or any court, and the process shall not be made accessible to any person for one hundred years after the date of the granting of the order except—

(a) to the person to whom the permanence order relates once he has attained the age of 16 years;

(b) to the Deputy Principal Clerk, on an application made to him by an adoption agency, with the consent of the person to whom the process relates, for the purpose only of ascertaining the name of the agency, if any, responsible for the placement of that person and informing the applicant of that name;

(c) to a person, on an application made by him to the court setting forth the reasons for which access to the process is required;

(d) to a court, public authority or administrative board (whether in the United Kingdom or not) having power to authorise an adoption, on petition by it to the court which granted the original order requesting that information be made available from the process for the purpose of discharging its duties in considering an application for adoption and specifying the precise reasons for which access to the process is required; or

(e) to a person who is authorised by the Scottish Ministers to obtain information from the process for the purpose of such research as is intended to improve the working of adoption law and practice.

Application of Part III to this Part

67.34

(1) An application under section92(2) of the 2007 Act (application for variation of ancillary provisions) is to be made by note.

(2) A note under paragraph (1) must contain—

(a) the name and address of the applicant;

(b) the applicant’s relationship to and interest in the child;

(d) details of the original application;

(e) details of any other person affected by the order;

(f) the grounds on which variation is sought;

(g) details of whether the child is subject to a supervision requirement under section 70 of the 1995 Act;

(h) details of the order sought by the applicant.

(3) On presentation of a note under paragraph (1) the court must—

(a) order the applicant to intimate the note to—

(i) the petitioner in the original application, where it is not the applicant;

(ii) any other person affected by the order; and

(iii) such other persons as the court considers appropriate; and

(b) appoint a curator ad litem.

(4) Any person to whom intimation is given under paragraph(2) may, within 14days after the date on which intimation is made, lodge answers to the note.

(5) Where answers have been lodged under paragraph(4) the court must order a hearing to be fixed.

(6) Where no answers have been lodged under paragraph(4) the court may order a hearing to be fixed.

(7) Where the court orders a hearing to be fixed under paragraph (5) or (6) it may also order a pre-proof hearing to be fixed not less than 2 and not more than 6 weeks before the hearing.

(8) Rule67.32 is to apply, with any necessary modifications, to any pre-proof hearing fixed under paragraph (7).

(9) The court shall order the applicant to intimate any hearing fixed under paragraph(5), (6) or (7) to the petitioner in the original application, where it is not the applicant, to any other person affected by the order and to such other persons as the court considers appropriate.

Applications for Convention adoption orders

67.35

(1) An application under section93(2) (amendment of order to include provision granting authority for child to be adopted) of the 2007 Act is to be made by note.

(2) A note under paragraph(1) must contain—

(a) the name and address of the applicant;

(b) details of the original application;

(i) whether the child has been, or is likely to be, placed for adoption;

(ii) whether each parent or guardian of the child understands what the effect of making an adoption order would be and consents to the making of such an order in relation to the child, or the grounds on which such consent should be dispensed with;

(iii) the child’s religious persuasion, racial origin and cultural and linguistic background;

(iv) whether the child is subject to a supervision requirement under section 70 of the 1995 Act;

(v) the likely effect on the child of the making of the order.

(3) On the lodging of a note under paragraph(1)—

(a) the Deputy Principal Clerk must cause the note to be put on the By Order Roll before the Lord Ordinary not less than 6 and not more than 8weeks after the date of lodging the application;

(b) the applicant must intimate a copy of the note along with a notice of intimation in Form67.35-A to every person who can be found and whose consent to the making of the order is required to be given or dispensed with under the 2007 Act;

(c) the applicant must intimate a copy of the note along with a notice of intimation in Form67.35-B to the father of the child if he does not have, and never has had, parental responsibilities in relation to the child;

(d) the court may order the applicant to intimate the note to such other persons as it considers appropriate;

(e) the court must appoint a curator ad litem and reporting officer and the same person may be appointed as curator ad litem and reporting officer if the court considers that doing so is appropriate in the circumstances.

(4) A notice of intimation under paragraph(3)(b) must state the following matters:–

(a) that an application has been made;

(b) the date on which, and place where, the By Order hearing will be heard;

(d) the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.

(5) A notice of intimation under paragraph(3)(c) must state the matters mentioned in paragraph(4)(a) and (b).

(6) Rules67.31 to 67.33 are to apply, with any necessary modifications, to an application under this rule and they apply to an application under rule 67.28

Investigations by curator ad litem

67.36

(1) An application under section98(1) (revocation of a permanence order) of the 2007 Act shall be made by note.

(2) A note under paragraph (1) must contain—

(a) the name and address of the applicant;

(b) the applicant’s relationship to and interest in the child;

(d) details of the original application;

(e) details of any other person affected by the order;

(f) the grounds on which revocation is sought;

(g) details of whether the child is subject to a supervision requirement under section 70 of the 1995 Act;

(h) details of the order sought by the applicant;

(i) detailed proposals for the future welfare of the child.

(3) On the lodging of a note under paragraph(1), the court must—

(a) order the applicant to intimate the note to—

(i) the petitioner in the original application, where it is not the applicant;

(ii) any other person affected by the order; and

(iii) such other persons as he considers appropriate; and

(b) appoint a curator ad litem.

(4) Any person to whom intimation has been given under paragraph(3) may, within 14days after the date on which intimation is made, lodge answers to the note.

(5) Where answers have been lodged under paragraph(4), the court must order a hearing to be fixed.

(6) Where no answers have been lodged under paragraph (4) the court may—

(a) order the relevant local authority to submit a report to him;

(b) order a hearing to be fixed;

(7) Where the court orders a hearing to be fixed under paragraph (5) or (6) it may also order a pre-proof hearing to be fixed not less than 2 and not more than 6 weeks before the hearing.

(8) Rule67.32 is to apply, with any necessary modifications, to any pre-proof hearing fixed under paragraph (7).

(9) The court shall order the applicant to intimate any hearing fixed under paragraph(5), (6) or (7) to the petitioner in the original application, where it is not the applicant, to any other person affected by the order and to such other persons as the court considers appropriate.

(10) An order made in respect of an application under paragraph(1) may specify the person—

(a) on whom parental responsibilities are imposed in consequence of the making of the order; and

(b) to whom parental rights are given in consequence of the making of the order.

Evidence of nationality

67.37

(1) Where an applicant under this Part wishes to prevent the address of the child being disclosed to any person whose consent to the making of an order is required, the applicant may apply to the Deputy Principal Clerk for a serial number to be assigned for that purpose.

(2) On receipt of an application under paragraph (1) the Deputy Principal Clerk must—

(a) assign a serial number in respect of the child’s address; and

(b) enter a note of the number opposite the child’s address in a register of serial numbers.

(3) The contents of the register of serial numbers and the addresses of the children to whom each number relates shall be treated as confidential by the sheriff clerk and are not to be disclosed to any person other then the sheriff.

(4) Where a serial number has been assigned under paragraph (2), any form of consent to a permanence order—

(a) must refer to the child’s address by means of the serial number assigned to it; and

(b) must specify the year in which and the court by which the serial number was assigned.

Petition in respect of a non-U.K. child

67.38

(1) The other duties of a reporting officer appointed under this Part, other than under rule 67.29(3), which are prescribed for the purposes of section 108(1)(b) of the 2007 Act are—

(a) to ascertain the whereabouts of all persons whose consent to the making of an adoption order in respect of the child is required;

(b) to ascertain whether there is any person other than those mentioned in the petition upon whom notice of the petition should be served;

(i) to ascertain whether that person understands what the effect of making an adoption order would be;

(ii) to ascertain whether alternatives to adoption have been discussed with that person;

(iii) to confirm that that person understands that he may withdraw his consent at any time before an order is made;

(d) to confirm that each parent or guardian of the child who can be found is aware that he may apply to the court for—

(i) variation of the ancillary provisions in the permanence order under section92 of the 2007 Act; and

(ii) revocation of a permanence order under section98 of the 2007 Act,

and of the appropriate procedure for these applications.

(e) to report in writing on the matters mentioned in subparagraphs(a) to (d) to the court within 4weeks from date of interlocutor appointing the reporting officer, or within such other period as the court may allow.

(2) References in paragraph (1) to “consent” are to consent within the meaning of section 83(1)(c), 84(1) or 93(3) of the 2007 Act as the case may be.

(3) A curator ad litem appointed under this Part must—

(a) have regard to safeguarding the interests of the child as his paramount duty;

(b) inquire, so far as he considers necessary into the facts and circumstances stated in the petition or minute, as the case may be, and in any report lodged under rule 31(2)(b);

(d) where appropriate, establish whether the order is likely to safeguard and promote the welfare of the child throughout childhood;

(e) ascertain whether the child is subject to a supervision requirement under section70 of the 1995 Act;

(f) ascertain from the child whether he wishes to express a view and, where the child indicates his wish to express a view, ascertain that view;

(g) ascertain the likely effect on the child of the making of the order;

(h) where appropriate, ascertain whether it would be better for the child that the order be made than that it should not be made;

(i) where appropriate, ascertain whether it would be better for the child if the court were to grant authority for the child to be adopted than if it were not to grant such authority;

(j) where appropriate, ascertain whether the child has been, or is likely to be, placed for adoption.

(4) Subject to paragraph(5) the curator ad litem must report in writing on the matters mentioned in paragraph (3) to the court within 4weeks from the date of the interlocutor appointing the curator, or within such other period as the court may allow.

(5) Subject to any order made by the court under rule 67.40 the views of the child ascertained in terms of paragraph (3)(f) may, if the curator ad litemconsiders appropriate, be conveyed to the court orally.

Additional notice to Registrar General

67.39

(1) The consent of a parent or guardian required by section83(1)(c) or 93(3) of the 2007 Act is to be in Form67.39-A.

(2) The consent of the child required under section84(1) of the 2007 Act is to be in Form67.39-B.

(3) A form of consent mentioned in paragraph (1) or (2) must be witnessed—

(a) where it is executed in Scotland, by the reporting officer appointed under this Part;

(b) where it is executed outwith Scotland but within the United Kingdom, by a justice of the peace or commissioner for oaths; or

(i) if the person who executes the form is serving in Her Majesty’s forces, by an officer holding a commission in any of those forces; or

(ii) in any other case, by a British diplomatic or consular official or any person authorised to administer an oath or affirmation under the law of the place where the consent is executed.

Interim orders

67.40

(1) Where a child has indicated his wish to express his views the court, without prejudice to rule67.38(3)(f)—

(a) may order such procedural steps to be taken as it considers appropriate to ascertain the views of that child; and

(b) must not make an order under this Part unless an opportunity has been given for the views of that child to be obtained or heard.

(2) Where the views of a child, whether obtained under this rule or under rule67.38(2)(f), have been recorded in writing, the court may direct that such a written record is to—

(a) be sealed in a envelope marked “Views of the child – confidential”;

(b) be available to the court only;

(d) not form a borrowable part of the process.

Revocation or annulment of regulated adoptions

67.41

(1) Where leave of the court is required under section94(4) or 98(2)(b) of the 2007 Act before an application for variation or revocation of a permanence order may be made, the applicant must lodge along with the note a motion stating the grounds upon which leave is sought.

(2) A motion under paragraph (1) shall not be served or intimated unless the court otherwise directs.

(3) The court may hear the applicant on the motion and may grant or refuse it or make such other order in relation to it as it considers appropriate prior to determination.

(4) Where such motion is granted, a copy of the interlocutor shall be intimated along with the note of application.

CHAPTER 68 — APPLICATIONS UNDER THE SOLICITORS (SCOTLAND) ACT 1980

Application and interpretation of this Chapter

68.1

(1) This Chapter applies to an application or appeal under the Solicitors (Scotland) Act 1980¹⁰⁹.

(2) In this Chapter–

“the Act of 1980” means the Solicitors (Scotland) Act 1980;

“the Council” means the Council of the Law Society of Scotland;

“the Discipline Tribunal” means the tribunal constituted under section 50 of the Act of 1980.

Applications and appeals under the Act of 1980

68.2

(1) Except in the case of an application under paragraph 20 of Schedule 4 to the Act of 1980 (which shall be made by letter to the Deputy Principal Clerk), an application or appeal under the Act of 1980 shall be made by petition.

(2) An appeal under any of the following provisions of the Act of 1980 shall specify the date on which the decision appealed against was intimated to the petitioner:–

(a) section 16(2) (appeal in respect of issue of practising certificate);

(b) section 39A(8)¹¹⁰ (appeal against withdrawal of practising certificate);

(d) section 54(1)¹¹² (appeal against decision of tribunal relating to discipline); and

(e) paragraph 3 of Schedule 2 (appeal in respect of restoration to roll of solicitors).

(3) An application under paragraph 5(4) of Schedule 3 to the Act of 1980 (application for order for return of documents) shall specify the date on which the notice was served on the petitioner.

(4) An application under section 54(2) of the Act of 1980 (application to vary or quash direction of the tribunal) shall specify the date on which the decision containing the direction or order was intimated to the petitioner.

Applications for admission as notary public

68.3

(1) An application under section 57(2) of the Act of 1980¹¹³ (application for admission as notary public) shall be made by either the Council on behalf of named persons seeking appointment as notaries public or the person seeking appointment as a notary public.

(2) The Council shall–

(a) nominate authorised representatives to administer the oath of the office of notary public;

(b) issue all commissions as notary public;

(d) on request by a notary public, and on payment of such reasonable fee as the Council may impose, supply him with a duly certified and docquetted protocol book of ninety one folios.

Intimation and service in causes under this Chapter

68.4

(1) A petition to which this Chapter applies shall be brought before a Division of the Inner House in chambers, and the Division may, without hearing parties and subject to the following paragraphs, make such order for intimation and service as it thinks fit.

(2) In a cause under any of the following provisions of the Act of 1980, the court shall order service of the petition on the Council:–

(a) section 16(1)¹¹⁴ (application following refusal of practising certificate to body corporate);

(b) section 19(8) (appeal in respect of decision of Council in relation to suspension);

(d) section 40(3) (appeal against decision to withdraw practising certificate or to refuse to terminate suspension); and

(e) paragraph 5(4) of Schedule 3 (application for order for return of documents).

(3) In an appeal under section 54(1) (appeal against decision of tribunal relating to discipline), or in an application under section 54(2)¹¹⁵ (application to vary or quash direction of the tribunal), of the Act of 1980, the court shall–

(a) order service on the Discipline Tribunal and the Law Society of Scotland; and

(b) ordain the Discipline Tribunal to lodge in process within the period for lodging answers–

(i) the decision of the Discipline Tribunal in respect of which the appeal or application is made; and

(ii) if available, the notes of evidence adduced before the Discipline Tribunal.

(4) In an application under any of the following provisions of the Act of 1980, the court shall order service of the petition on the respondent:–

(a) section 41¹¹⁶ (application for appointment of judicial factor);

(b) paragraph 5(1) of Schedule 3 (application for order to produce documents); and

(5) In an application under section 55(3) of the Act of 1980 (application for restoration to roll of solicitors), the court shall order service on the Discipline Tribunal and the Council.

Procedure after order for intimation and service

68.5

The court shall, after an order for intimation and service under rule 68.4, proceed on the petition summarily in such manner as it thinks fit.

Appeals under section 54(1) of the Act of 1980

68.6

In an appeal under section 54(1) of the Act of 1980 (appeal against decision of tribunal relating to discipline)–

(a) the court may substitute any other punishment for that imposed by the decision appealed against, or make any order in relation to it which it thinks fit;

(b) where the petitioner is a person or one of the persons who complained of the alleged professional misconduct of the solicitor, the court may order that person to give security for expenses (including the cost of extending the notes of evidence adduced before the Discipline Tribunal) as a condition of proceeding with the petition.

Remits for further inquiry

68.7

(1) In an application or appeal under the Act of 1980, the court may remit to any person to make further inquiry into the facts, or to take further evidence and to report to the Court.

(2) On completion of a report made under paragraph (1), the person to whom the remit was made shall send his report and three copies of it, and a copy of it for each party, to the Deputy Principal Clerk.

(3) On receipt of such a report, the Deputy Principal Clerk shall–

(a) cause the report to be lodged in process; and

(b) give written intimation to each party that this has been done and that he may uplift a copy of the report from process.

(4) After the lodging of such a report, any party may apply by motion for an order in respect of the report or for further procedure.

CHAPTER 69 — ELECTION PETITIONS

Interpretation of this Chapter

69.1

In this Chapter–

“the Act of 1983” means the Representation of the People Act 1983¹¹⁷;

“the 2004 Regulations” means the European Parliamentary Elections Regulations 2004

“election court” has the meaning assigned in section 123 of the Act of 1983;

“election petition” means a petition presented under—section 121 of the Act of 1983 (whether or not the petition also includes any application under section 167 of the Act of 1983);section 121 of the Act of 1983 as applied and modified by article 82 of and Schedule 6 to the Scottish Parliament (Elections etc.) Order 2015 (whether or not the petition also includes any application under section 167 of the Act of 1983, as so applied and modified); orregulation 89 of the European Parliamentary Elections Regulations 2004 (whether or not the petition also includes any application under regulation 108 of those Regulations).

“region” means a region for the purposes of the Scotland Act 1998; and any reference in this Chapter to a constituency shall be construed as a reference to a constituency for the purposes of the said Act of 1998 where it is used in relation to a Scottish parliamentary election;

“Scottish parliamentary election” means an election for membership of the Scottish Parliament.

Form of election petitions

69.2

(1) An election petition shall be in Form 69.2.

(2) Such a petition shall–

(a) specify the name, designation and address of–

(i) each petitioner, and

(ii) each person referred to as, or deemed to be, the respondent by virtue of section 121(2) of the Act of 1983 or regulation 89(2) of the 2004 Regulations, as the case may be; and

(b) set out in numbered paragraphs–

(i) the title of the petitioner under section 121(1) of the Act of 1983 or regulation 89(1) of the 2004 Regulations to present the petition;

(ii) the proceedings at, and the result of, the election; and

(iii) the facts relied on in support of the prayer of the petition.

Presentation of petition

69.3

The election petition shall be lodged in the Petition Department with–

(a) a process;

(b) six copies of the petition; and

(i) giving the name and address of a solicitor whom he authorises to act on his behalf or stating that he acts for himself, as the case may be; and

(ii) specifying an address within Scotland at which notices addressed to him may be delivered.

Security for expenses

69.4

(1) On presentation of an election petition, the petitioner shall apply by motion for–

(a) an order for intimation and service of the petition within such period as the court thinks fit after the giving of security,

(b) for an order for the respondent to lodge any objections in writing under section 136(4) of the Act of 1983¹¹⁸ or regulation 94(4) of the 2004 Regulations (objections to form of security) within such period as the court thinks fit, and

and the petition shall be placed forthwith before the Lord Ordinary or the vacation judge, in court or in chambers, who shall fix the security to be given.

(2) A motion under paragraph (1) shall not be intimated to any person.

(3) Where the security to be given by the petitioner under section 136 of the Act of 1983 or regulation 94 of the 2004 Regulations is given in whole or in part by bond of caution, the bond shall be in Form 69.4.

Service and intimation of election petition

69.5

(1) On serving the election petition on the respondent under subsection (3) of section 136 of the Act of 1983 or regulation 94(3) of the 2004 Regulations, the petitioner shall intimate a copy of each of the documents mentioned in that subsection to —

(a) the Lord Advocate ; and

(b) the Advocate General for Scotland

(2) The notice of presentation of the petition mentioned in section 136(3) of the Act of 1983¹¹⁹ or regulation 94(3) of the 2004 Regulations shall be in Form 69.5.

(3) Within 5 days after serving the petition under section 136 of the Act of 1983 or regulation 94 of the 2004 Regulations, the petitioner shall lodge in process an execution copy of the election petition containing the certificate of service and a copy of the notice mentioned in that subsection which was served on the respondent.

(4) Where the court makes an order for intimation and service of an election petition, the Deputy Principal Clerk shall send a copy of the petition to the Electoral Commission.

Objections to form of security

69.6

(1) Where the respondent makes an objection under section 136(4) of the Act of 1983 or regulation 94(4) of the 2004 Regulations (objection to form of security), he shall–

(a) set out in writing the grounds of the objection;

(b) lodge the objection in process; and

(2) As soon as possible after the lodging of an objection under paragraph (1), the Keeper of the Rolls shall–

(a) fix a diet for a hearing on the objections before one of the judges on the rota for the trial of election petitions or the vacation judge; and

(b) give written intimation of the time and place of the diet to the parties.

(3) The period within which the petitioner may, under section 136(7) of the Act of 1983¹²⁰ or regulation 94(6) of the 2004 Regulations, remove the objection shall be such period from the date of the decision on the objection as the court thinks fit.

Consequences of failure to give security etc.

69.7

If no security is given, or an objection to a security is allowed and not removed, the respondent may apply by motion to have the prayer of the petition refused.

List of election petitions

69.8

(1) In preparing the list of election petitions in terms of section 138(1) of the Act of 1983, the Deputy Principal Clerk shall insert the names of the solicitors, if any, acting for the petitioner and respondent, and the addresses, if any, to which any notices may be sent.

(2) The list of election petitions may be inspected in the Petition Department at any time during its normal office hours.

Time and place of trial

69.9

(1) The time and place of the trial of an election petition shall be fixed by the Keeper of the Rolls, who shall give written intimation of the date of the trial by post to–

(a) the parties;

(b) the Lord Advocate;

(ba) the Advocate General for Scotland;

(d) the House of Commons shorthand writer.

(2) On receipt of intimation given under paragraph (1), the returning officer shall forthwith publish the date of the diet of trial in the constituency or as the case may be, region to which it relates.

Postponement of trial

69.10

(1) The election court or any of the judges on the rota for the trial of election petitions, may, at its or his own instance or on the motion of a party, postpone the trial of a petition to such day as may be specified.

(2) Written intimation of such postponement shall be given by the Keeper of the Rolls to the returning officer who shall forthwith publish the postponement and its new date in the constituency or as the case may be, region.

Procedure where seat claimed

69.11

(1) Where a petitioner claims the seat for an unsuccessful candidate, alleging that he had a majority of lawful votes, the party complaining of, and the party defending, the return, not less than 6 days before the date of the trial, shall each–

(a) lodge in process a list of the voters intended to be objected to, and of the objections to each voter; and

(b) intimate a copy of that list to–

(i) every other party; and

(ii) the Lord Advocate; and

(iii) the Advocate General for Scotland.

(2) No evidence shall be allowed to be given against any vote or in support of any objection which is not specified in the list, except by leave of the election court or, on a motion heard before the date of the trial, of any of the judges on the rota for the trial of election petitions, on such terms as to amendment of the list, postponement of the trial and payment of expenses as may be ordered.

Evidence under section 139(5) of the Act of 1983

69.12

(1) Where the respondent intends to give evidence permitted under section 139(5) of the Act of 1983 or regulation 96(4) of the 2004 Regulations (evidence to prove person not duly elected), he shall, not less than 6 days before the date of the trial–

(a) lodge in process a list of the objections to the election on which he intends to rely; and

(b) intimate a copy of that list to–

(i) every other party; and

(ii) the Lord Advocate;and

(iii) the Advocate General for Scotland.

(2) No evidence shall be allowed to be given on behalf of the respondent in support of any objection to the return not specified in the list, except with leave of the election court or, on a motion heard before the date of the trial, of any of the judges on the rota for the trial of election petitions, on such terms as to amendment of the list, postponement of the trial and payment of expenses as may be ordered.

Lodging of statement of evidence to be led

69.13

(1) Subject to paragraph (2), any party shall, not less than 6 days before the date of the trial, lodge in process a statement of the matters on which he intends to lead evidence.

(2) Before lodging such a statement in process, the party proposing to lodge it shall intimate a copy of the statement to—

(a) every other party; and

(b) the Lord Advocate; and

Evidence at trial

69.14

(1) No evidence shall be led at the trial of an election petition other than matters contained in—

(a) the list lodged under rule 69.11 (procedure where seat claimed) or 69.12 (evidence under section 139(5) of the Act of 1983),

(b) the statement lodged under rule 69.13 (statement of evidence to be led), or

except with the leave of the election court or one of the judges on the rota for the trial of election petitions, on such conditions as to postponement of the trial, payment of expenses or otherwise, as may be ordered.

(2) The admissibility of any evidence sought to be led on the matters referred to in paragraph (1) shall be within the discretion of the election court.

Warrant to cite witnesses

69.15

The warrant for the citation of a witness to the trial of an election petition shall be granted on the motion of any party and shall be in Form 69.15.

Clerk of court at trial

69.16

At an election court held for the trial of an election petition, a clerk of session nominated by the Principal Clerk and appointed by the court shall discharge the duties of clerk of court of the election court.

Expenses of witnesses

69.17

(1) The prescribed officer for the purposes of section 143(1) of the Act of 1983 or regulation 99(1) of the 2004 Regulations shall be the clerk of session appointed to act as clerk of court under rule 69.16.

(2) The expenses of a witness permitted under section 143(1) of the Act of 1983 or regulation 99(1) of the 2004 Regulations shall be ascertained by the clerk of court.

(3) The expenses allowed under section 143(1) of the Act of 1983 or regulation 99(1) of the 2004 Regulations shall, in the first instance, be paid by the party adducing that witness.

Applications for special case

69.18

An application under section 146(1) of the Act of 1983 or regulation 101(1) of the 2004 Regulations for a special case, shall be made by motion to the Inner House or the vacation judge.

Applications for leave to withdraw election petitions

69.19

(1) A notice of intention to withdraw an election petition under section 147(2) of the Act of 1983 or regulation 102(2) of the 2004 Regulations shall be in Form 69.19–A.

(2) A copy of such notice shall be intimated by the petitioners to–

(a) the respondent;

(b) the Lord Advocate;

(ba) the Advocate General for Scotland;

(d) the Deputy Principal Clerk.

(3) On receipt of a notice under paragraph (2), the returning officer shall publish it in the constituency or as the case may be, region to which it relates.

(4) An application for leave to withdraw an election petition shall–

(a) be in Form 69.19–B;

(b) state the ground on which the application to withdraw is made;

(d) be lodged in the process of the election petition.

Applications to be substituted as petitioner on withdrawal

69.20

(1) A person who seeks to apply under section 150(1) of the Act of 1983 to be substituted as a petitioner, shall, within 5 days after the date on which the notice of intention to withdraw has been given under section 147(2) of the Act of 1983 and rule 69.19 (applications for leave to withdraw election petitions), give notice in writing signed by him or on his behalf to the Deputy Principal Clerk of his intention to apply, at the hearing of the application for leave to withdraw, to be substituted as the petitioner.

(2) A copy of the notice given under paragraph (1) shall be intimated by the applicant to–

(a) the respondent;

(b) the Lord Advocate; and

(ba) the Advocate General for Scotland;

(3) Any informality in such a notice shall not defeat an application to be substituted as the petitioner if it is made at the hearing of the application to withdraw, subject to such order as to postponement of that hearing and expenses as the election court thinks fit.

Hearing of applications for leave to withdraw

69.21

(1) Subject to paragraph (2), the time and place for hearing an application for leave to withdraw an election petition shall be fixed by one of the judges on the rota for the trial of election petitions or by the vacation judge, who shall hear and determine the application unless he considers that the application should be determined by the Inner House.

(2) The time fixed under paragraph (1) shall not be earlier than 7 days after the expiry of the period specified in rule 69.20.

(3) The Keeper of the Rolls shall give written intimation of the diet fixed under paragraph (1) to–

(a) the petitioner;

(b) the respondent;

(ca) the Advocate General for Scotland;

(d) the returning officer for the relevant constituency; and

(e) to any person who has given notice under rule 69.20 of his intention to apply to be substituted as the petitioner.

Security of substituted petitioner

69.22

(1) The period within which security shall be given on behalf of a substituted petitioner before he proceeds with the petition shall be 5 days after the order of substitution.

(2) The substituted petitioner shall lodge the letter referred to in rule 69.3(c) (name and address of solicitor etc.) within 5 days after the order of substitution.

Death of petitioner

69.23

(1) In the event of the death of the petitioner or the surviving petitioner, the notice for the purpose of section 152(3) of the Act of 1983 (notice of abatement of petition by death) shall be intimated in Form 69.23 by the solicitor acting for the petitioner, the respondent, the returning officer or any other person interested to whose knowledge the death of the petitioner shall come, to, as the case may be–

(a) the respondent;

(b) the Lord Advocate;

(ba) the Advocate General for Scotland;

(d) the Deputy Principal Clerk.

(2) The returning officer shall, on receipt of such a notice, or, where he is giving notice under paragraph (1), on intimating such notice to those persons mentioned in that paragraph, publish the notice in the constituency or as the case may be, region to which it relates.

Applications to be substituted on death of petitioner

69.24

(1) An application to be substituted as a petitioner on the death of the petitioner or surviving petitioner shall be made by motion within 5 days after the publication of the notice.

(2) A motion under paragraph (1) shall be intimated to–

(a) the respondent;

(b) the Lord Advocate; and

(ba) the Advocate General for Scotland;

Notice that respondent does not oppose

69.25

(1) A notice, for the purposes of section 153(1) of the Act of 1983, by a respondent other than a returning officer, that he does not intend to oppose an election petition shall be–

(a) signed by him; and

(b) lodged in process not less than 6 days before the date of the trial.

(2) Where a respondent lodges a notice under paragraph (1), he shall forthwith intimate a copy of it to–

(a) the petitioner;

(b) any other respondent;

(ca) the Advocate General for Scotland;

(d) the returning officer for the relevant constituency.

(3) On receipt of a notice under paragraph (1), the returning officer shall publish it in the constituency to which it relates.

Death or peerage of respondent

69.26

(1) Where, for the purposes of section 153(1) of the Act of 1983–

(a) a respondent other than a returning officer dies,

(b) in the case of a parliamentary election, a respondent other than a returning officer is summoned to Parliament as a Peer of Great Britain, ...

(d) a respondent resigns or otherwise ceases to be a member of the Scottish Parliament,

the agent for the respondent shall give notice of that fact in the constituency to which the election petition relates.

(2) Such a notice shall be published in at least one newspaper circulating in the constituency, and by intimating a copy of the notice, signed by him to–

(a) the petitioner;

(b) any other respondent;

(ca) the Advocate General for Scotland;

(d) the returning officer for the relevant constituency; and

(e) the Deputy Principal Clerk.

Applications to be admitted as respondent

69.27

The period of time within which a person may apply to be admitted as a respondent under section 153 of the Act of 1983 shall be–

(a) 5 days after the notice is intimated under rule 69.25 (notice that respondent does not oppose);

(b) 10 days after the notice is intimated under rule 69.26 (death, peerage or resignation of respondent); or

Expenses in election petitions

69.28

Where any expenses are awarded by the election court in the course of proceedings under the Act of 1983 or the 2004 Regulations, such an award shall be deemed equivalent to a finding of expenses in the Court of Session.

Motions in election petitions

69.29

(1) Subject to any other provision in this Chapter or the Act of 1983, all applications shall be dealt with by motion.

(2) Subject to the provisions of this Chapter, Chapter 23 (motions) shall apply to a motion in an election petition.

(3) A motion in an election petition shall be intimated to–

(a) the Lord Advocate; and

(aa) the Advocate General for Scotland;

(b) the returning officer for the relevant constituency or as the case may be, region.

Intimation to Lord Advocate

69.30

All applications to the court in an election petition other than a motion under rule 69.4(1) (security for expenses) shall be intimated to —

(a) the Lord Advocate; and

(b) the Advocate General for Scotland;

and the Lord Advocate and the Advocate General for Scotland shall be entitled to appear or be represented at the hearing of that application.

Evidence of publication by returning officer

69.31

(1) Where a returning officer publishes a notice in accordance with a provision in this Chapter or an order of the election court, he shall forthwith send to the Deputy Principal Clerk a letter–

(a) certifying that the appropriate notice has been published; and

(b) detailing the manner in which the publication has been made.

(2) Where publication has been made by inserting a notice in a newspaper or other publication, the letter under paragraph (1) shall be accompanied by–

(a) a copy of the newspaper or other publication containing the notice; or

(b) a certificate of publication by the publisher stating the date of publication and the text of the notice.

CHAPTER 70 — APPLICATIONS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985

Interpretation of this Chapter

70.1

In this Chapter–

“the Act of 1985” means the Child Abduction and Custody Act 1985¹²¹;

“the European Convention” means the convention defined in section 12(1) of the Act of 1985 and as set out in Schedule 2 to the Act of 1985;

“the Hague Convention” means the convention defined in section 1(1) of the Act of 1985 and as set out in Schedule 1 to the Act of 1985;

“relevant authority” means–in the United Kingdom, a sheriff court, the Sheriff Appeal Court, a children’s hearing within the meaning of the Children’s Hearings (Scotland) Act 2011, the High Court, a county court or magistrates' court in England and Wales, the High Court, a county court or magistrates' court in Northern Ireland, or the Secretary of State, as the case may be; or in a relevant territory, the appropriate authority or court within that territory;

“relevant territory” means a territory outside the United Kingdom to which the Act of 1985 extends by virtue of an Order in Council made under section 28(1) of that Act or in relation to which provision is made by an Order in Council under section 28(2) of that Act.

Translations of documents

70.2

Where any document lodged in process in a cause to which this Chapter applies is in a language other than English, there shall be lodged with that document a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualifications.

Applications for certified copy or extract

70.3

(1) An application for a certified copy or extract of a decree or any other interlocutor relating to a child, in respect of whom the applicant wishes to apply under the Hague Convention or the European Convention in another Contracting State, shall be made by letter to the Deputy Principal Clerk.

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