Act of Sederunt (Ordinary Cause and Summary Application Rules) Amendment (Miscellaneous) 2006

Explanatory Note

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

This Act of Sederunt makes miscellaneous amendments to the rules of procedure in the sheriff court. It amends the Ordinary Cause Rules and the Summary Applications, Statutory Applications and Appeals etc. Rules.

The following amendments are made to the Ordinary Cause Rules–

(a) the substitution of a rule 9.2A in relation to the fixing of a second or subsequent options hearing;

(b) the introduction of a new Chapter 28A to provide for a pre-proof hearing;

(c) the amendment of rule 10.6 to provide that the Procedural Hearing is a diet for the purposes of rule 16.2, 33.37 and 33A.37 in relation to decrees where a party is in default;

(d) the amendment of rules 16.2, 33.37 and 33A.37 to allow the sheriff, where a party is in default, to make such order as he thinks fit to secure the expeditious progress of the cause;

(e) the amendment of the time limit for lodging productions where proof is allowed from 28 days before the diet of proof to 14 days.

In addition, the following amendments are made to the Summary Application Rules–

(a) the deletion of rule 3.27.4 in relation to the notification of the making of antisocial behaviour orders and interim antisocial behaviour orders;

(b) the amendment of rule 3.29.4 which makes provision for the service of risk of sexual harm orders to allow service by sheriff officer.