Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2012

Disclosure Orders

5.—(1) In rule 76.37 (disclosure orders)(1)—

(a) in paragraph (1), after “391(1)” insert “of the Act of 2002”;

(b) after paragraph (3) insert—

“(4) Rule 4.11 (documents not to be borrowed) shall not apply to an application under section 391 of the Act of 2002.

(5) When an application is made under section 391 of the Act of 2002—

(a) the process shall be marked “Restricted Access”;

(b) only the petitioner may borrow or inspect documents lodged in process.

(6) The restrictions referred to in paragraph (5) shall apply for a period of 5 years from the date of the application.

(7) The petitioner may apply to the court by motion for extension of that 5 year period.

(8) Any person affected by a disclosure order may apply to the court by motion to have the restrictions mentioned in paragraph (5) varied.

(9) A motion under paragraph (7) or (8) shall be granted only on cause shown.”.

(1)

Rule 76.37 was amended by S.S.I. 2004/331.