Act of Sederunt (Amendment of Ordinary Cause Rules and Summary Applications, Statutory Applications and Appeals etc. Rules) (Applications under the Mortgage Rights (Scotland) Act 2001) 2002

Amendment of the Ordinary Cause Rules

2.—(1) The Ordinary Cause Rules shall be amended in accordance with the following paragraphs.

(2) In rule 3.2 (actions relating to heritable property) insert at the end–

“(3) In an action falling within section 1(1)(b) or (c) of the Mortgage Rights (Scotland) Act 2001(1), the initial writ shall include averments about those persons who appear to the pursuer to be entitled to apply for an order under section 2 of that Act and such persons shall, so far as known to the pursuer, be called as defenders for their interest.”.

(3) In rule 3.3 (warrants of citation)–

(a) after paragraph (1)(c) insert–

“(d) an action to which rule 3.2(3) applies,”; and

(b) insert at the end–

“(4) In an action to which rule 3.2(3) applies, the warrant of citation shall be in Form O2A.”.

(4) In rule 5.2 (form of citation and certificate)–

(a) at the end of paragraph (1)(b) omit “or”;

(b) at the end of paragraph (1)(c) insert “or”;

(c) after paragraph (1)(c) insert–

“(d) an action to which rule 3.2(3) applies,”; and

(d) after paragraph (2) insert–

“(2A) In an action to which rule 3.2(3) applies, citation shall be in Form O5A which shall be attached to a copy of the initial writ and warrant of citation and shall have appended to it a notice of intention to defend in Form O7.”.

(5) After rule 34.11 (service on unnamed occupiers), insert–

“Applications under the Mortgage Rights (Scotland) Act 2001

34.12.— (1) In an action to which rule 3.2(3) applies, an application under either of the following provisions of the Mortgage Rights (Scotland) Act 2001 shall be made by minute in the action:–

(a) section 1(2) (application to the court for an order under section 2);

(b) section 2(5) (application to vary or revoke an order or to further continue proceedings).

(2) Any such minute may be lodged by a person who is entitled to make an application even although that person has not been called as a defender and such a person may appear or be represented at any hearing to determine the application.”.

(6) In Appendix 1 (forms)–

(a) after Form O2 insert Form O2A;

(b) after Form O5 insert Form O5A; and

(c) for Form O6 substitute Form O6,

set out in Schedule 1 to this Act of Sederunt.

(1)

2001 asp 11.