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.