Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015

Amendment of the Ordinary Cause Rules 1993

2.—(1) The Ordinary Cause Rules 1993(1) are amended in accordance with this paragraph.

(2) For rule 42.2(1) (transfer of proceedings to the Tribunal)(2), substitute—

“(1) Where proceedings (or any part of them) relate to an infringement issue, within the meaning of section 16(6) of the Enterprise Act 2002, the sheriff may make an order transferring those proceedings (or that part of them) to the Tribunal—

(a) of the sheriff’s own accord, or

(b) on the motion of a party.

(1A) Where the sheriff orders that such proceedings (or any part of them) are transferred to the Tribunal, the sheriff may make such orders as the sheriff thinks fit to allow the Tribunal to determine the issue.”.

(1)

The Ordinary Cause Rules 1993 are in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and was last amended by S.S.I. 2015/419.

(2)

Rule 42.2 was inserted by S.S.I. 2004/350.