Act of Sederunt (Ordinary Cause Rules) Amendment (Child Maintenance and Other Payments Act 2008) 2010

Made17th March 2010

Coming into force6th April 2010

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711 and 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 said Act of 1971, do hereby enact and declare:

Citation and commencement1

1

This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (Child Maintenance and Other Payments Act 2008) 2010 and comes into force on 6th April 2010.

2

This Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of the Ordinary Cause Rules2

1

The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 19072 are amended in accordance with the following subparagraph.

2

After rule 33.91 (effect of maintenance calculations on extracts relating to aliment)3 insert—

Applications to recall or vary an interdict33.91A
An application under section 32L(11)(b) of the Act of 1991 (orders preventing avoidance)4 for the variation or recall of an order for interdict is to be made by minute in the process of the action to which the application relates.

A.C. HAMILTONLord PresidentI.P.D.Edinburgh17th March 2010

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Ordinary Cause Rules set out in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 in consequence of the Child Maintenance and Other Payments Act 2008.

Paragraph 2(2) provides that an application under section 32L(11)(b) of the Child Support Act 1991 (as inserted by section 24 of the 2008 Act) to vary or recall an interdict is to be made by minute in the process of the action to which the application relates.