Act of Sederunt (Rules of the Court of Session Amendment No. 10) (Miscellaneous) 2007

First order in judicial review

5.—(1) For rule 58.7 (first order) substitute–

“First Order

58.7.— (1) On being lodged, the petition shall, without appearing on the Motion Roll, be presented forthwith to the Lord Ordinary in court or in chambers for–

(a) an order specifying–

(i) such intimation, service and advertisement as may be necessary;

(ii) any documents to be served with the petition;

(iii) any date for the first hearing, being a date not earlier than 7 days after the expiry of the period specified for intimation and service; or

(b) any interim order.

(2) The Lord Ordinary may grant, but may not refuse to grant, any order specified in paragraph (1) without having heard counsel or other person having a right of audience instructed by the petitioner.”.

(2) In the appendix–

(a) in Form 58.6 (form of petition in application for judicial review), after “interested parties on whom service is sought by advertisement.” insert–

“PERIOD OF NOTICE

”.