
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Protection of Children (Scotland) Act 2003) 2004 and shall come into force on 30th July 2004.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
2 

(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with paragraph (2).
(2) In Chapter 3 (rules on applications under specific statutes), after Part XXV (Sexual Offences Act 2003), insert–“
PART XXVI
3.25.1 
In this Part–
 “the Act” means the Protection of Children (Scotland) Act 2003; and
 “the list” means the list of individuals considered unsuitable to work with children kept by the Scottish Ministers under section 1(1) of the Act, and cognate expressions shall be construed accordingly.
3.25.2 
An application under section 7(6) or 14(1) or an appeal under section 15(1) of the Act shall be made by summary application.
3.25.3 
The sheriff may consider and dispose of an application by the Scottish Ministers under section 7(6) of the Act without intimation to, or representation by, any other person.
3.25.4 

(1) A listed individual shall combine in a single application–
(a) a request for leave to make an application under section 14(1) of the Act;
(b) the grounds on which that individual considers that the sheriff should grant leave; and
(c) the grounds on which that individual considers that the sheriff should grant such an application.
(2) An application under paragraph (1) shall be intimated to the Scottish Ministers.
(3) The sheriff shall consider and dispose of at a preliminary hearing that part of an application relating to the request for leave under paragraph (1)(a).
3.25.5 
An appeal under section 15(1) of the Act against inclusion in the list in terms of section 5 or 6 of the Act shall be intimated to the Scottish Ministers.
3.25.6 
An appeal under section 15(4) of the Act to the sheriff principal or an appeal under section 15(6)(a) of the Act to the Inner House of the Court of Session shall be intimated to the Scottish Ministers.”.
Cullen of Whitekirk
Lord President I.P.D.
Edinburgh
27th July 2004