Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 2) (Administration of Justice (Scotland) Act 1972) 2000

Explanatory Note

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

This Act of Sederunt amends Part I of Chapter 3 of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (S.I. 1999/929). Part I of Chapter 3 provides for the granting of orders under section 1 of the Administration of Justice (Scotland) Act 1972 (c. 59). This Act of Sederunt makes more detailed provision in that regard. In particular, it regulates the manner in which an order may be implemented and provides more protection for the haver.

Article 2(4) introduces the following new provisions into Part I of Chapter 3:–

• rule 3.1.2(2) now specifies what the summary application shall contain and rule 3.1.3 details the documents which are to accompany the summary application;

• rule 3.1.4 allows the sheriff to modify the undertaking that the applicant is to give under rule 3.1.3;

• rules 3.1.5, 3.1.7 and 3.1.8 deal respectively with intimation, caution and execution;

• rule 3.1.9 sets out the duties of the Commissioner, rule 3.1.10 deals with the question of confidentiality and rule 3.1.11 lays down restrictions on service, to the extent that the order may be served on Monday to Friday only, between the hours of 9am and 5pm; and

• rule 3.1.12 gives the haver a right to take legal or other professional advice on the order.

Article 2(5) inserts the following forms, set out in the Schedule to this Act of Sederunt–

(a) Form 11A, the form of the order which the sheriff will grant, which will be accompanied by a schedule that sets out the undertakings given by the applicant; and

(b) Form 11B, the form of Notice that will be given to the haver at the time the order is served, setting out clearly his rights and obligations.