SCHEDULEAMENDMENT TO ORDINARY CAUSE RULES 1993
6
In rule 33.7 (warrants and forms for intimation)–
a
in paragraph (1)–
i
at the beginning of the paragraph, for the words “In the initial writ”, substitute the words “Subject to paragraphs (5) and (7), in the initial writ”;
ii
in sub-paragraph (e), for the words “an order for any parental rights”, substitute the words “a section 11 order”;
iii
in head (iii) of sub-paragraph (e), for the words “exercises such rights de facto”, substitute the words “in fact exercises care or control”;
iv
in sub-paragraph (f), for the words “the custody of a child”, substitute the words “a section 11 order”;
v
in sub-paragraph (g), for the words “the custody”, substitute the words “a residence order in respect”; and
vi
for sub-paragraph (h), substitute the following sub-paragraph–
h
in an action which includes a crave for a section 11 order, to the child to whom such an order would relate if not a party to the action, and a notice of intimation in Form F9 shall be intimated to that child;
b
in paragraph (4), for sub-paragraphs (a) and (b), substitute the following sub-paragraphs:–
a
craves a residence order in respect of a child,
b
is not a parent of the child, and
c
is not resident in Scotland when the initial writ is lodged for warranting,
c
after paragraph (6), insert the following paragraph:–
7
Where a pursuer considers that to order intimation to a child under paragraph (1)(h) is inappropriate, he shall–
a
include a crave in the initial writ to dispense with intimation to that child, and
b
include in the initial writ averments setting out the reasons why such intimation is inappropriate;
and the sheriff may dispense with such intimation or make such other order as he thinks fit.