Sheriff Courts (Scotland) Act 1907

Signature of warrants S

5.1. (1) Subject to paragraph (2), a warrant for citation, [F1 or intimation] may be signed by the sheriff or sheriff clerk.

(2) The following warrants shall be signed by the sheriff:—

(a) a warrant containing an order shortening or extending the period of notice or any other order other than a warrant which the sheriff clerk may sign;

[F2 (b) a warrant for arrestment to found jurisdiction;

(ba) a warrant for arrestment on the dependence;]

(c) a warrant for intimation ordered under rule 33.8 (intimation where [F3 alleged] association).

[F4 (d) a warrant for intimation ordered under rule 33A.8 (intimation where alleged association).]

(3) Where the sheriff clerk refuses to sign a warrant which he may sign, the party presenting the initial writ may apply to the sheriff for the warrant.

Textual Amendments

F1 Words in Sch. 1 rule 5.1(1) substituted (21.5.2004) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 (S.S.I. 2004/197), art. 2(3)(a)

F2 Sch. 1 rule 5.1(2)(b)(ba) substituted (21.5.2004) for Sch. 1 rule 5.1(2)(b) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 (S.S.I. 2004/197), art. 2(3)(b)

F3 Word in Sch. 1 rule 5.1(2)(c) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(3)(a)}

F4 Sch. 1 rule 5.1(2)(d) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), para. 2(3)(b)