Act of Sederunt (Ordinary Cause Rules) Amendment (Competition Appeal Tribunal) 2004

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt further amends Schedule 1 to the Sheriff Courts (Scotland) Act 1971 (“the Ordinary Court Rules”).

Article 2 inserts a new Chapter 42 into the Ordinary Court Rules. The new Chapter provides rules of procedure for transfers of proceedings to the Competition Appeal Tribunal (the “Tribunal”) under the Enterprise Act 2002 (“the 2002 Act”).

In terms of the 2002 Act, the sheriff court may transfer to the Tribunal proceedings (or any part of proceedings) which relate to monetary claims to which section 47A of the Competition Act 1998 applies.

In the new Chapter–

(a) rule 42.2(1) provides that a party to such proceedings may apply by motion to the sheriff for an order transferring the proceedings (or any part of them) to the Tribunal;

(b) rule 42.2(2) provides that the sheriff clerk shall, within 7 days after the sheriff has ordered that proceedings (or any part of them) shall be transferred to the Tribunal, transmit the process to the clerk of the Tribunal, send written notice of the transfer to each party and certify on the interlocutor sheet that written notice has been sent to each party; and

(c) rule 42.2(3) provides that transmission of the process shall be valid notwithstanding any failure by the sheriff clerk to notify each party of such transmission or certify on the interlocutor sheet that each party has been notified.