Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011

Applications under section 1 of the Administration of Justice (Scotland) Act 1972

6.—(1) The Summary Application Rules are amended in accordance with the following subparagraphs.

(2) In rule 3.1.9 (duties of a Commissioner)(1), in paragraph (c), after “legal advice” insert “and to ask the sheriff to vary or recall the order”.

(3) For rule 3.1.12 (right of haver to consult)(2) substitute—

“Right of haver to consult

3.1.12.— (1) The haver may seek legal or other professional advice of his or her choice.

(2) Where the purpose of seeking this advice is to help the haver to decide whether to ask the sheriff to vary or recall the order, the haver may ask the Commissioner to delay starting the search for up to 2 hours or such other longer period as the Commissioner may permit.

(3) Where the haver is seeking advice under this rule, he or she must—

(a) inform the Commissioner and the applicant’s agent of that fact;

(b) not disturb or remove any listed items;

(c) permit the Commissioner to enter the premises, but not to start the search.”.

(4) In Schedule 1, for Form 11A (form of order for recovery of documents etc. under Part I of Chapter 3 of Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(3), and Form 11B (notice to accompany order in Form 11A when served by Commissioner)(4), substitute the forms set out in Part 1 of the Schedule to this Act of Sederunt.

(1)

Rule 3.1.9 was inserted by S.S.I. 2000/387.

(2)

Rule 3.1.12 was inserted by S.S.I. 2000/387.

(3)

Form 11A was inserted by S.S.I. 2000/387.

(4)

Form 11B was inserted by S.S.I. 2000/387.