Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004

Amendment of Summary Application Rules

3.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended in accordance with paragraphs (2) to (7).

(2) In rule 2.4 (the initial writ), insert at the end–

“(9) Where warrant to arrest on the dependence is sought, the initial writ shall include averments to justify the grant of such a warrant.”.

(3) In rule 2.6 (time limits) in paragraph (1), after “application” where it second occurs insert “, being an appeal under statute or an application in the nature of an appeal,”.

(4) In rule 2.7 (warrants, forms and certificate of citation)–

(a) in paragraph (1), for “, intimation or arrestment on the dependence” substitute “or intimation”; and

(b) after paragraph (1), insert–

“(1A) A warrant for arrestment on the dependence may be signed by the sheriff, if the sheriff considers it appropriate.”.

(5) In rule 2.12 (service on persons furth of Scotland)–

(a) in paragraph (1)–

(i) at the end of sub-paragraph (b)(v), insert “or”;

(ii) at the end of sub-paragraph (c), omit “or”; and

(iii) omit sub-paragraph (d);

(b) after paragraph (1) insert–

“(1A) In a country to which the Council Regulation applies, service–

(a) may be effected by the methods prescribed in paragraph (1)(b)(ii) or (iii) only in exceptional circumstances; and

(b) is effected only if the receiving agency has informed the person that acceptance of service may be refused on the ground that the document has not been translated in accordance with paragraph (6).”;

(c) in paragraph (6), omit from “an official language” to the end of that paragraph and insert on a new line–

“(a) an official language of the country in which service is to be executed; or

(b) in a country to which the Council Regulation applies, a language of the member state of transmission that is understood by the person on whom service is being executed.”; and

(d) after paragraph (7), insert–

“(8) In this rule “the Council Regulation” means Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.”.

(6) In rule 3.15.2 (application)–

(a) at the end of paragraph (e), omit “and”; and

(b) after paragraph (e), insert–

“(ea) an application by the Commission under section 71E(2) for an order requiring a person to furnish any information required by a compliance notice; and”.

(7) For rule 3.16.3 (place of any hearing) substitute–

“Place, and privacy, of any hearing

3.16.3.   The sheriff may, where he considers it appropriate in all the circumstances, appoint that the hearing of an application or other proceedings shall take place–

(a) in a hospital, or any other place than the court building;

(b) in private.”.

(1)

S.I. 1999/929; amended by S.S.I. 2000/148 and 387, 2001/142, and 2002/7, 129, 130, 146 and 563, and 2003/26, 27, 98, 261, 316, 346 and 556.

(2)

Section 71E of the Race Relations Act 1976 (c. 74) was inserted by the Race Relations (Amendment) Act 2000 (c. 34), section 2.