Act of Sederunt (Sheriff Court Caveat Rules) 2006

Citation and commencement

1.  –

(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Caveat Rules) 2006 and shall come into force on 28th April 2006.

(2) This Act of Sederunt shall be inserted into the Books of Sederunt.

Orders against which caveats may be lodged

2.  –

(1) Subject to paragraphs (2) and (3), a person may lodge a caveat against only—

(a) an interim interdict sought against the person in an ordinary cause before the person has lodged a notice of intention to defend;

(b) an interim order sought against the person in an ordinary cause before the expiry of the period within which the person could lodge a notice of intention to defend;

(c) an interim order sought against the person in a summary application before service of the initial writ;

(d) an order for intimation, service and advertisement of a petition to wind up, or appoint an administrator to, a company in which he has an interest;

(e) an order for intimation, service and advertisement of a petition for his sequestration; and

(f) the disposal of a commissary application.

(2) In this rule—

(a) “interim order” does not include an order under section 1 of the Administration of Justice (Scotland) Act 1972 (orders for inspection of documents and other property etc.)(1); and

(b) “commissary application” means an application for—

(i) confirmation;

(ii) appointment of an executor; or

(iii) restriction of caution in respect of an executor.

(3) A person may lodge a caveat against an order mentioned in paragraph (1)(d) only where the person is a company, debenture holder, holder of a floating charge, receiver, shareholder of the company or other person claiming an interest.

Form, lodging and renewal of caveats

3.  –

(1) A caveat shall be in the form set out in the Schedule to this Act of Sederunt, or a form substantially to the same effect with such variation as circumstances may require, and shall be lodged with the sheriff clerk.

(2) A caveat shall remain in force for a period of one year from the date on which it was lodged and may be renewed on its expiry for a further period of one year and yearly thereafter.

(3) An application for the renewal of a caveat shall be made in writing to the sheriff clerk not less than 7 days before its expiry.

(4) Where a caveat has been lodged and has not expired, no order in respect of which the caveat was lodged may be pronounced unless the sheriff is satisfied that all reasonable steps have been taken to afford the person lodging the caveat an opportunity of being heard; and the sheriff may continue the hearing on such an order until he is satisfied that such steps have been taken.

Amendments

4.  –

(1) Rule 20 of the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986(2) shall be omitted.

(2) Chapter 4 of, and Form G2 in Appendix 1 to, the Ordinary Cause Rules 1993 in Schedule 1 to the Sheriff Courts (Scotland) Act 1907(3) shall be omitted.

(3) Rules 2.8 and 2.9 of, and Form 8 in Schedule 1 to, the Act of Sederunt (Summary Applications, Statutory Applications, and Appeals etc. Rules) 1999(4) shall be omitted.

Transitional and savings provision

5.  –

(1) Subject to paragraph (2), nothing in this Act of Sederunt shall affect a caveat lodged prior to 28th April 2006.

(2) A caveat lodged prior to 28th April 2006 may not be renewed unless the caveat complies with the requirements of this Act of Sederunt.

BRIAN GILL

Lord Justice Clerk, I.P.D.

Edinburgh

3rd April 2006