Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2009

Explanatory Note

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

This Act of Sederunt makes amendments to the Rules of the Court of Session 1994.

Paragraph 3 makes provision in relation to bank insolvency and bank administration procedure under Parts 2 and 3 of the Banking Act 2009. A new Part VII is inserted into Chapter 74 of the Rules, in relation to procedure in the case of an application to the court for a bank insolvency order. A new Part VIII is inserted into Chapter 74, in relation to procedure in the case of an application to the court for a bank administration order. Other consequential amendments are also made to the Rules.

Paragraph 4 amends a reference in rule 41.20, in relation to the requirements for lodging documents with a statutory appeal.

Paragraph 5 amends rule 43.1, so as to make clear that Chapter 43 (personal injuries actions), does not apply to any claim for loss of life which falls to be dealt with as an Admiralty action under Chapter 46.

Paragraph 6 substitutes a new rule 52.3, setting out a new procedure in relation to undefended actions of proving the tenor, under which evidence is to be given by affidavit unless the court directs otherwise.

Paragraph 7 amends a reference in rule 96.9(2), in relation to the appointment of special advocates in financial restrictions proceedings under the Counter-Terrorism Act 2008.