Act of Sederunt (Rules of the Court of Session Amendment No.4) (Miscellaneous) 1997

Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session 1994((1) shall be amended in accordance with the following sub-paragraphs.

(2) Rule 28A.2(2) (consequences of failure to intimate notice of non-admission) shall be omitted.

(3) In rule 30.3 (consequences of failure to intimate intention to proceed where agent has withdrawn)–

(a) the words “and interlocutor” shall be omitted; and

(b) for “interlocutor” in the second and third places where it occurs substitute “notice”.

(4) In rule 36.7(1) (admissions by parties), for “36.6(1)” substitute “28A.1(1)”.

(5) In rule 41.41 (references and appeals under certain Social Security Acts to be by stated case)–

(a) in paragraph (c), the words from “, or” to “173(1),” shall be omitted;

(b) the word “and” immediately preceding paragraph (d) shall be omitted;

(c) in paragraph (d), the words “, or section 173(3),” shall be omitted; and

(d) add the following paragraphs after paragraph (d)–

“(e) a reference by the Occupational Pensions Regulatory Authority under section 97(1) of the Pensions Act 1995; and

(f) an appeal under section 97(3) of the Pensions Act 1995.”.

(6) Rule 49.40 (applications by motion in certain depending actions) shall become paragraph (1) of that rule and the following paragraph shall be added as paragraph (2) of that rule–

“(2) Written intimation of a motion under paragraph (1) shall be given to every other party not less than 7 days before the date on which the motion is enrolled.”.

(7) The following heading shall be inserted as the heading for rule 49.88–

“Application under section 11(1)(d) of the Act of 1995 following order under section 13 of that Act”

(8) In rule 59.1(2) (presentation of applications for letters of arrestment or inhibition), for the words from “in” to “Department” substitute “to the Deputy Principal Clerk”.

(9) In rule 68.2(1) (applications and appeals under the Act of 1980), at the beginning insert “Except in the case of an application under paragraph 20 of Schedule 4 to the Act of 1980 (which shall be made by letter to the Deputy Principal Clerk),”.

(10) In the appendix–

(a) in each of Forms 7.6, 30.2 (and the Form to be sent with it), 35.15-A, 44.2-A, 49.13-B, 62.40-A, 62.41-A, 62.42-A and 77.11, for “in causa”, wherever those words occur, substitute “in the cause”;

(b) in each of Forms 16.15-A and 16.15-B, add after the Note–

• “(Where this Schedule is used to arrest a ship, the name, address and twenty-four hour contact telephone number of the agent for the party on whose behalf the arrestment was executed are to be inserted here.)

• (Name of agent)

• (Address)

• (Telephone number)”;

(c) in each of Forms 16.15-C and 16.15-D, add after the Note–

• “(The name, address and twenty-four hour contact telephone number of the agent for the party on whose behalf the arrestment was executed are to be inserted here.)

• (Name of agent)

• (Address)

• (Telephone number)”;

(d) in Form 30.2–

(i) in the heading, after “Form of” insert “notice of”; and

(ii) in the paragraph beginning with the words “In accordance with”, the words “and the interlocutor” shall be omitted; and

(e) for Form 37.2-B substitute Form 37.2-B set out in the Schedule to this Act of Sederunt.

(1)

S.I. 1994/1443; relevant amending instruments are S.I. 1996/2168, 1996/2587.