Statutory Instruments of the Scottish Parliament

(a) may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Antisocial Behaviour etc. (Scotland) Act 2004) 2004;

(b) shall, subject to the provisions of article 1(2), come into force on 28th October 2004; and

(c) shall be inserted in the Books of Sederunt.

(a) a person who habitually resides in the premises; or

(b) the owner of the premises,

is prohibited.

     4. Failure to comply with this notice is an offence which may result in a fine of up to £2,500 or imprisonment for a term of up to 3 months (or both). The penalties may be higher for repeated failure to comply with this (or any other) closure notice.

     5. An application for the closure of these premises will be made under section 28 of the Act and will be considered at (insert place including Room No. if appropriate) on the      day of      at      am/pm.

     6. On such an application as set out in paragraph 5 being made, the sheriff may make a closure order under section 29 of the Act in respect of these premises.

     7. The effect of the Closure Order in respect of these premises would be to close the premises to all persons (other than any person expressly authorised access by the sheriff in terms of section 29(3) of the Act) for such period not exceeding 3 months as is specified in the order. Measures may be taken to ensure that the premises are securely closed against entry by any person.

     8. If you live on or have control of, responsibility for or an interest in the premises to which this closure notice relates and wish to oppose the application for a closure order, you should attend or be represented at the hearing mentioned in paragraph 5 of this notice.

     9. If you would like further information or advice about housing or legal matters you can contact-

(specify at least two persons or organisations (including name and means of contacting) based in the locality of the promises who or which will be able to provide advice about housing and legal matters). You also have a legal right to advice from your local authority should you be threatened with possible homelessness.

(a) fixed to:


     (insert details of all locations in, or used as part of, the Premises, to which a copy of the notice was fixed)

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; and



(b) given to:



     (insert name and address of each person to whom a copy of the notice was given)



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     4. Certification in the prescribed form of service of the closure notice to the persons described at paragraph 3(b) above is attached.

     5. This application is made on the following grounds:

(insert reasons for making application)

     6. The following evidence is [attached/supplied] (delete as appropriate) in respect of this application (insert short details of supporting evidence).

PART C

     7. The applicant asks the court to-

(a) assign the hearing for the      day of      at      am/pm; and

(b) make a closure order in respect of the Premises.

. . . . . . . . . . . . . . . . Signed

Senior Police Officer for [Police Force] (Applicant)

or [X.Y.] Solicitor for Senior Police Officer

(add designation and business address)

FORM OF INTERLOCUTOR

Sheriff Court . . . . . . . . . . . . . . . .       . . . . . . . . . . . . . 20. . . . . . . . . . . . . . . .

(Court Ref No.)

The sheriff having considered this application assigns . . . . . . . . . . . . . at . . . . . . . . . . . . . within . . . . . . . . . . . . . as a hearing, this date having been previously intimated to known interested persons and published in the closure notice.

. . . . . . . . . . . . . Signed

Sheriff

FORM OF INTERLOCUTOR

Sheriff Court . . . . . . . . . . . . .       . . . . . . . . . . . . . 20 . . . . . . . . . . . . .

(Court Ref No.)

The sheriff having heard (insert details of parties who attended the hearing) and having considered the application [, being satisfied that the conditions mentioned in section 30(2) of the Antisocial Behaviour etc. (Scotland) Act 2004 are met] (delete as appropriate) and having regard to the matters mentioned in section 30(3) of the Antisocial Behaviour etc. (Scotland) Act 2004 ("the Act"),

     *1. makes an order under section 29(1) of the Act that the premises at (insert details of premises) are closed to all persons for a period of (insert period).

     *2. directs intimation of this interlocutor to (insert details of all known interested persons) and by posting a copy thereof at prominent places on the premises at (indicate where copies have been posted).

     *3. refuses to make a closure order in respect of the premises at (insert details of premises).

     *4. postpones the determination of the application until (insert date) at (insert time) within (insert location).

*delete as appropriate

. . . . . . . . . . . . . Signed

Sheriff

(c) fix a hearing;

(d) order the applicant to intimate this application and the date of the hearing to such persons as the sheriff considers appropriate; and

(e) extend the closure order in respect of the Premises for a period of      [months/days] (delete as appropriate) or for such period not exceeding 6 months as the court may consider appropriate.

. . . . . . . . . . . . . Signed

Senior Police Officer for [Police Force] (Applicant)

or [X.Y.] Solicitor for Senior Police Officer

(add designation and business address)

FORM OF INTERLOCUTOR

Sheriff Court . . . . . . . . . .       . . . . . . . . . . . . . . . . 20. . . . . . . . . . . . .

(Court Ref No.)

The sheriff having considered this minute orders the applicant to intimate this application and interlocutor to . . . . . . . . . . . . ., assigns . . . . . . . . . . . . . at . . . . . . . . . . . . . within . . . . . . . . . . . . . as a hearing and directs any person wishing to oppose the granting of the application to appear or be represented at the hearing to show cause why the application should not be granted.

. . . . . . . . . . . . . Signed

Sheriff

FORM OF INTERLOCUTOR

Sheriff Court . . . . . . . . . .        . . . . . . . . . . . . . . . . 20. . . . . . . . . . . . .

(Court Ref No.)

The sheriff having heard (insert details of parties who attended the hearing) [and] having considered this minute [and being satisfied that the condition mentioned in section 32(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 is met] (delete as appropriate),

     *1. makes an order extending the closure order made under section 29(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 in respect of the premises at (insert details of premises) for a period of (insert period).

     *2. directs intimation of this interlocutor to (insert details of persons to whom sheriff considers it to be appropriate to intimate) and by posting a copy thereof at prominent places on the premises at (indicate where copies have been posted).

     *3. refuses to make an order extending the closure order in respect of the premises at (insert details of premises).

     *4. postpones the determination of the application until (insert date) at (insert time) within (insert location).

*delete as appropriate

. . . . . . . . . . . . . Signed

Sheriff

(a) fix a hearing;

(b) order the applicant to intimate this application and the date of the hearing to such persons as the sheriff considers appropriate and, where the applicant is not a senior police officer, to such senior police officer as the sheriff considers appropriate; and

(c) order the revocation of the closure order.

. . . . . . . . . . . . . Signed

Applicant (include full designation)

or [X.Y.] Solicitor for Applicant (include full designation and business address)

FORM OF INTERLOCUTOR

Sheriff Court . . . . . . . . . . . . .       . . . . . . . . . . . . . 20. . . . . . . . . . . . .

(Court Ref No.)

The sheriff having considered this minute orders the applicant to intimate this application and interlocutor to . . . . . . . . . . . . ., assigns . . . . . . . . . . . . . within . . . . . . . . . . . . . as a hearing and directs any person wishing to oppose the granting of the application to appear or be represented at the hearing to show cause why the application should not be granted.

. . . . . . . . . . . . . Signed

Sheriff

FORM OF INTERLOCUTOR

Sheriff Court . . . . . . . . . . . . .        . . . . . . . . . . . . . 20. . . . . . . . . . . . .

(Court Ref No.)

The sheriff having heard (insert details of parties who attended the hearing) [and] having considered this minute [and being satisfied that a closure order is no longer necessary to prevent the occurrence of relevant harm] (delete as appropriate),

     *1. makes an order revoking the closure order made under section 29(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 in respect of the premises at (insert details of the premises).

     *2. directs intimation of this interlocutor to (insert details of persons to whom sheriff considers it to be appropriate to intimate).

     *3. refuses to make an order revoking the closure order in respect of the premises at (insert details of the premises).

     *4. postpones the determination of the application until (insert date) at (insert time) within (insert location).

*delete as appropriate

. . . . . . . . . . . . . Signed

Sheriff

(a) fix a hearing;

(b) order the applicant to intimate this application and the date of the hearing to such persons as the sheriff considers appropriate and, where the applicant is not a senior police officer, to such senior police officer as the sheriff considers appropriate; and

(c) make an order allowing access (detail access provisions requested).

. . . . . . . . . . . . . Signed

Applicant (include full designation)

or [X.Y.] Solicitor for Applicant (include full designation and business address)

FORM OF INTERLOCUTOR

Sheriff Court . . . . . . . . . . . . .       . . . . . . . . . . . . . 20. . . . . . . . . . . . .

(Court Ref No.)

The sheriff having considered this minute orders the applicant to intimate this application and interlocutor to . . . . . . . . . . . . ., assigns . . . . . . . . . . . . . at . . . . . . . . . . . . . within . . . . . . . . . . . . . as a hearing and directs any person wishing to oppose the granting of the application to appear or be represented at the hearing to show cause why the application should not be granted.

. . . . . . . . . . . . . Signed

Sheriff

FORM OF INTERLOCUTOR

Sheriff Court . . . . . . . . . . . . .        . . . . . . . . . . . . . 20. . . . . . . . . . . . .

(Court Ref No.)

The sheriff having heard (insert details of parties who attended the hearing) and having considered this minute,

     *1. makes an order an order allowing (insert name and address)

(a) (3) and (4);

(b) (5);

(c) (6).

If you want to tell the Sheriff what you think about the things (2)      has asked the Sheriff to decide about your future you should complete Part B of this form and send it to the Sheriff Clerk at (7) by (8)     . An envelope which does not need a postage stamp is enclosed for you to use to return the form.

IF YOU DO NOT UNDERSTAND THIS FORM OR IF YOU WANT HELP TO COMPLETE IT you may get free help from a SOLICITOR or contact the SCOTTISH CHILD LAW CENTRE ON the FREE ADVICE TELEPHONE LINE ON 0800 328 8970.

If you return the form it will be given to the Sheriff. The Sheriff may wish to speak with you and may ask you to come and see him or her.

NOTES FOR COMPLETION

(1) Insert name and address of child.	(2) Insert description of party making the application to the court.
(3) Insert appropriate wording for parenting order sought.	(4) Insert appropriate wording, if relevant, for Antisocial Behaviour Order.
(5) Insert appropriate wording for contact.	(6) Insert appropriate wording for any other order sought or determinations to be made by sheriff.
(7) Insert address of sheriff clerk.	(8) Insert the date occurring 21 days after the date on which intimation is given.
(9) Insert court reference number.	(10) Insert name and address of parties to the action.

PART B

IF YOU WISH THE SHERIFF TO KNOW YOUR VIEWS ABOUT THE PARENTING ORDER YOU SHOULD COMPLETE THIS PART OF THE FORM

To the Sheriff Clerk, (7)

Court Ref. No. (9)

(10) . . . . . . . . . . . . .

QUESTION (1): DO YOU WISH THE SHERIFF TO KNOW WHAT YOUR VIEWS ARE ABOUT THE PARENTING ORDER?

(PLEASE TICK BOX)

YES
NO

If you have ticked YES please also answer Question (2) or (3)

QUESTION (2): WOULD YOU LIKE A FRIEND, RELATIVE OR OTHER PERSON TO TELL THE SHERIFF YOUR VIEWS ABOUT THE PARENTING ORDER?

(PLEASE TICK BOX)

YES
NO

If you have ticked YES please write the name and address of the person you wish to tell the Sheriff your views in Box (A) below. You should also tell that person what your views are about the parenting order.

BOX A:	(NAME)
	(ADDRESS)
	Is this person-	A friend?		A relative?
		A teacher?		Other?

OR

QUESTION (3): WOULD YOU LIKE TO WRITE TO THE SHERIFF AND TELL HIM WHAT YOUR VIEWS ARE ABOUT THE PARENTING ORDER?

(PLEASE TICK BOX)

YES
NO

If you decide that you wish to write to the Sheriff you can write what your views are about the parenting order in Box (B) below or on a separate piece of paper. If you decide to write your views on a separate piece of paper you should send it along with this form to the Sheriff Clerk in the envelope provided.

BOX B:	WHAT I HAVE TO SAY ABOUT THE PARENTING ORDER:-

NAME: . . . . . . . . . . . . .

ADDRESS: . . . . . . . . . . . . .

DATE: . . . . . . . . . . . . .

(a) the current or proposed arrangements for the case and upbringing of the child;

(b) information about the family circumstances of the parent; and

(c) the likely effect of a parenting order on the family circumstances of the parent and the child.

     3. This report should be sent to the Sheriff Court at . . . . . . . . . . . . . on or before . . . . . . . . . . . . . (insert date).

Date (insert date)

. . . . . . . . . . . . . Signed:

Applicant (include full designation)

or [X.Y.] Solicitor for Applicant (include full designation and business address)

or Sheriff Clerk

(a) the fact that the court is considering making such a parenting order;

(b) that if the parent wishes to proceed with the making of the parenting order he or she may attend or be represented at the hearing in which the sheriff considers the making of the order;

(c) the details of the place, date and time of the hearing; and

(d) a statement that if that parent fails to appear and is not represented at the hearing, then a parenting order may be made in his or her absence.

The applicant must further serve on any parent in respect of whom the parenting order is being considered a copy of the initial writ in which the ASBO relating to the child is sought. Any parent in respect of whom a parenting order is being considered may be sisted as a party to the action either on the motion of either party or of the sheriff's own motion.

Rule 3.27.6 provides that a closure notice served under section 27 of the Act is to be in the prescribed form and must state that it has been authorised by a senior police officer, specify the date, time and place of the hearing of the application for closure order and state that any relevant person who wishes to oppose the application should attend or be represented.

Rule 3.27.7 prescribes the form to be used for an application to the sheriff for a closure order under section 28 of the Act.

Rule 3.27.8 prescribes the form to be used for an application to the sheriff for an extension of a closure order under section 32 of the Act, and further provides that such an application is to be by minute in the original process and must be lodged not less than 21 days before the closure order is due to expire.

Rule 3.27.9 prescribes the form to be used for an application to the sheriff for revocation of the closure order under section 33 of the Act and further provides that such an application is to be by minute lodged in the original process.

Rule 3.27.10 prescribes the form to be used for an application to the sheriff for an order for access to the premises under section 34 of the Act and further provides that such an application is to be by minute lodged in the original process.

Rule 3.27.11 clarifies that applications under section 35, 63 or 64 of the Act are to be made by way of summary application; rule 3.27.12 clarifies that applications made under section 71, 74 or 97 of the Act are to be made by way of summary application. The distinction has been made to enable rules 3.27.11 and 3.27.12 to be commenced on separate dates in accordance with article 1(2).

Rule 3.27.13 clarifies that an application made under section 73(2) of the Act for the revocation or suspension of an order relating to rental income is to be made by minute lodged in the original process of the application for the order relating to rental income.

Rule 3.27.14 clarifies that an application made under section 76(1) of the Act for the revocation of a management control order is to be made by minute lodged in the original process of the application for the management control order.

Rule 3.27.15 clarifies that an application under section 105(1) of the Act for the revocation or variation of a parenting order is to be made by minute lodged in the original process of the application for a parenting order. Section 105(5) of the Act allows a sheriff to make an order specifying the sheriff of another sheriffdom as the court which may entertain applications for the review of the parenting order. Paragraph 2 of Rule 3.27.14 provides that where the sheriff makes an order under section 105(5) of the Act, the transmitting sheriff court shall transmit the original process relating to the parenting order to the receiving court within 4 days.

Rule 3.27.16 provides that where a sheriff is considering making a parenting order or a revocation or variation thereof, the child should be given an opportunity to express his or her views. This will include a parenting order made by the sheriff under section 13 of the Act (in relation to which no application for a parenting order will have been made) and a parenting order made, varied or revoked pursuant to an application made under section 102 or 105 of the Act.

Rule 3.27.17 provides that where a sheriff is considering making a parenting order or a revocation or variation thereof, and does not already have sufficient information about the child, the sheriff must intimate in the prescribed form to the local authority for the area in which the child resides the fact that a parenting order is being considered.

Rule 3.27.18 confirms that an application which is made under section 71A(2) of the Children (Scotland) Act 1995 by the Principal Reporter must be by summary application to the sheriff principal of the sheriffdom in which the principal office of the local authority is located.