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Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Curators ad litem) 2017

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EXPLANATORY NOTE

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

This Act of Sederunt amends the rules that apply to the appointment of curators ad litem to defenders in certain family actions. Paragraph 2 amends Chapters 33 and 33A of the Ordinary Cause Rules 1993. Paragraph 3 amends Chapter 49 of the Rules of the Court of Session 1994.

On appointment, the curator ad litem will be ordered to lodge in process a report, based on medical evidence, stating whether or not the defender is incapable of instructing a solicitor. A definition of “incapable” is inserted into the rules for this purpose.

This Act of Sederunt also places an obligation on the curator ad litem to periodically review whether there has been any change in the defender’s capacity, and to seek discharge from appointment where the defender is no longer incapable.

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