Amendment of the Summary Applications Rules3
1
The Summary Applications Rules shall be amended in accordance with the following paragraphs.
2
In rule 2.7 (warrants, forms and certificate of citation)–
a
in paragraph (4)(a), for “paragraph (5)” substitute “paragraphs (5) and (7A)(a)”;
b
in paragraph (4)(b), for “paragraph (7)” substitute “paragraphs (7) and (7A)(b),”; and
c
after paragraph (7) insert–
7A
In a summary application falling within section 1(1)(b) or (c) of the Mortgage Rights (Scotland) Act 2001–
a
the warrant of citation shall be in Form 6A; and
b
citation shall be in Form 6B which shall be attached to a copy of the initial writ and warrant of citation.
3
After rule 2.22 (applications for time to pay directions), insert–
Applications under the Mortgage Rights (Scotland) Act 20012.22A
1
This rule applies to a summary application to which rule 2.7(7A) applies.
2
Subject to paragraph (3), an application under either of the following provisions of the Mortgage Rights (Scotland) Act 2001 shall be made by minute in the summary application:–
a
section 1(2) (application to the court for an order under section 2);
b
section 2(5) (application to vary or revoke an order or to further continue proceedings).
3
A defender may apply orally for an order under section 2 when the summary application first calls in court or as the sheriff otherwise directs.
4
A minute under paragraph (2) may be lodged by a person who is entitled to make an application even although that person has not been called as a defender and such a person may appear or be represented at any hearing to determine the application made in the minute.
5
Except where the sheriff otherwise directs, any such minute shall be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules.
4
In Schedule 1 (forms)–
a
after Form 6 insert Forms 6A and 6B; and
b
for Form 7 substitute Form 7,
set out in Schedule 2 to this Act of Sederunt.