Explanatory Note
(This note is not part of the Act of Sederunt)
This Act of Sederunt replaces Chapter 64 of the Rules of the Court of Session with a new Chapter 64 which makes more detailed provision for the granting of orders under section 1 of the Administration of Justice (Scotland) Act 1972.
In particular, it regulates the manner in which an order may be implemented and provides more protection for the haver.
Rule 64.2 provides that, as at present, an application for such an order shall be by way of petition and provides what facts are to be set out in the statement of facts; rule 64.3 details the documents which are to accompany the petition.
Rule 64.4 allows the court to modify the undertakings which the petitioner is to give under rule 64.3 and rules 64.5, 64.7 and 64.8 deal respectively with intimation, caution and execution.
Rule 64.9 sets out the duties of the Commissioner, rule 64.10 deals with the question of confidentiality and rule 64.11 lays down restrictions on service.
The haver is given a right to consult by rule 64.12 and rule 64.13 provides for the return of any items seized if an action is not raised within a certain period.
Form 64—A is the form of order which the court will grant; a Schedule attached to it will set out the undertakings given by the petitioner.
Form 64—B is the form of Notice which will be given to the haver at the time the order is served, setting out clearly his rights and obligations.