Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 2) (Miscellaneous) 2014

Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session are amended in accordance with the following subparagraphs.

(2) After rule 14A.4(1) (recall etc. of arrestment or inhibition)(1), insert—

“(1A) A motion under paragraph (1) shall—

(a) specify the name and address of each of the parties;

(b) where it relates to an inhibition, contain a description of the inhibition including the date of registration in the Register of Inhibitions and Adjudications.”.

(3) For rule 47.9(1A) (withdrawal of action from Commercial Roll)(2), substitute—

“(1A) At any time before or at the preliminary hearing the commercial judge may, on the motion of a party, if he is satisfied that the action is not a commercial action, withdraw it from the Commercial Roll and appoint it to proceed as an ordinary action.”.

(4) After rule 47.9(2), insert—

“(3) At any time the commercial judge may, at his own instance, after hearing the parties to the action, if he is satisfied that it is not appropriate for the action to remain on the Commercial Roll, withdraw it from the Commercial Roll and appoint it to proceed as an ordinary action. ”.

(5) After Chapter 104 (Justice and Security Act)(3), insert—

“CHAPTER 105 LAND REGISTRATION ETC.

Interpretation of this Chapter

105.1.   In this Chapter—

“the 2012 Act” means the Land Registration etc. (Scotland) Act 2012(4);

“plot of land” has the meaning given by section 3(4) and (5) of the 2012 Act;

“proprietor” has the meaning given by section 113(1) of the 2012 Act.

Applications under Part 6 of the 2012 Act

105.2.— (1) An application under section 67(2) (warrant to place a caveat) of the 2012 Act shall be made by motion.

(2) The motion shall—

(a) identify, by reference to section 67(1) of the 2012 Act, the type of civil proceedings constituted by the cause;

(b) in respect of each plot of land, contain—

(i) a description of the registered plot of land;

(ii) the title number; and

(iii) the name and address of the proprietor;

(c) where the caveat is to apply only to part of a plot of land, be accompanied by a plan indicating the part so affected.

(3) An application under the following provisions of the 2012 Act shall be made by motion—

(a) section 69(1) (renewal of caveat);

(b) section 70(1) (restriction of caveat);

(c) section 71(1) (recall of caveat).

Form of orders under Part 6 of the 2012 Act

105.3.— (1) An order under section 67(3) or 69(2) of the 2012 Act shall be in Form 105.3-A.

(2) An order under section 70(2) of the 2012 Act shall be in Form 105.3-B.

(3) An order under section 71(2) of the 2012 Act shall be in Form 105.3-C.

Effect of warrant to place or renew caveat

105.4.   A certified copy of the order in Form 105.3-A may be registered in the Registers of Inhibitions and Adjudications.

Form of decree of reduction

105.5.   Where a deed mentioned in section 46A(2) of the Conveyancing (Scotland) Act 1924(5) is reduced, the decree of reduction shall be in Form 105.5.

Form of order for rectification of a document

105.6.   An order for rectification under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985(6) in respect of a document which has been registered in the Land Register of Scotland shall be in Form 105.6.”.

(6) In the Appendix, after Form 97.12 (form of intimation of hearing of application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008), insert the Forms set out in Schedule 1 to this Act of Sederunt.

(1)

Rule 14A.4 was inserted by S.S.I. 2008/122.

(2)

Rule 47.9(1A) was inserted by S.S.I. 2000/66.

(3)

Chapter 104 was inserted by S.S.I. 2013/238.

(4)

2012 asp 5, amended by S.I. 2013/1575; 2014 c.14; and S.S.I. 2014/190.

(5)

1924 c.27. Section 46A is prospectively inserted (from 8 December 2014) by the Land Registration etc. (Scotland) Act 2012 (asp 5), section 54.

(6)

1985 c.73. Section 8 is prospectively amended (from 8 December 2014) by the Land Registration etc. (Scotland) Act 2012 (asp 5), section 55 and schedule 5, paragraph 30.