Sheriff Courts (Scotland) Act 1907

Parties to, and service and intimation of, actions of declarator S

37.2. [F1 (1) In an action of declarator–

(a) the missing person shall be named as the defender;

(b) subject to paragraph (2), service on that person shall be executed by advertisement in such newspaper or other publication as the sheriff thinks fit of such facts relating to the missing person and set out in the initial writ as the sheriff may specify; and

(c) the period of notice shall be 21 days from the date of publication of the advertisement unless the sheriff otherwise directs.]

[F2 (2) The advertisement mentioned in paragraph (1) shall be in Form P1.]

(3) Subject to paragraph (5), in an action of declarator, the pursuer shall include a crave for a warrant for intimation to—

(a) the missing person’s—

(i) spouse, and

(ii) children, or, if he has no children, his nearest relative known to the pursuer,

(b) any person, including any insurance company, who so far as known to the pursuer has an interest in the action, and

(c) the Lord Advocate,

in the following terms:— “For intimation to (name and address) as [husband or wife, child or nearest relative] [a person having an interest in the presumed death] of (name and last known address of the missing person) and to the Lord Advocate.”.

(4) A notice of intimation in Form P2 shall be attached to the copy of the [F3 initial writ] where intimation is given on a warrant under paragraph (3).

(5) The sheriff may, on the motion of the pursuer, dispense with intimation on a person mentioned in paragraph (3)(a) or (b).

(6) An application by minute under section 1(5) of the Act of 1977 (person interested in seeking determination or appointment not sought by pursuer) shall contain a crave for the determination or appointment sought, averments in the answers to the condescendence in support of that crave and an appropriate plea-in-law.

(7) On lodging a minute under paragraph (6), the minuter shall—

(a) send a copy of the minute by registered post or the first class recorded delivery service to each person to whom intimation of the action has been made under paragraph (2); and

(b) lodge in process the Post Office receipt or certificate of posting of that minute.

Textual Amendments

F1 Sch. 1 rule 37.2(1) substituted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(20)(a)

F2 Sch. 1 rule 37.2(2) substituted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(20)(b)

F3 Words in Sch. 1 rule 37.2(4) substituted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(20)(c)