Act of Sederunt (Amendment of Ordinary Cause, Summary Cause and Small Claim Rules) 1992

Amendment of Small Claim Rules

4.—(1) The Small Claim Rules shall be amended in accordance with the following sub-paragraphs.

(2) In rule 3(4) (statement of claim), for sub-paragraph (b), substitute the following sub-paragraph—

“(b) where the small claim arises from the supply of goods or services, a description of the goods or services and the date or dates on or between which they were supplied and, where relevant, ordered;”

(3) In rule 4 (period of notice where service by post), for paragraph (4) substitute the following paragraph—

“(4) Notwithstanding the terms of section 4(2) of the Citation Amendment (Scotland) Act 1882,(1) where service is by post the period of notice shall run from the beginning of the day next following the date of posting.”.

(4) In rule 29 (appeals)—

(a) in paragraph (5), after the words “of his own accord” insert the words “and shall where he proposes to reject any proposed adjustment”; and

(b) after paragraph (6) insert the following new paragraph—

“(6A) Where the sheriff is temporarily absent from duty for any reason, the sheriff principal may extend any period specified in paragraphs (3) or (6) for such period or periods as he considers reasonable.”.

(5) In Appendix 3, after the line commencing “rule 18A”, insert the following words—

“rule 21A

(party minuter)”.

(1)

1882 c. 77.