http://www.legislation.gov.uk/id/ssi/2007/6

http://www.legislation.gov.uk/ssi/2007/6/article/4/made

Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007

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2016-08-26

SHERIFF COURT

This Act of Sederunt makes miscellaneous amendments to the rules of procedure in the sheriff court as follows.Paragraph 2 amends the Ordinary Cause Rules:to clarify the meaning of the term “enactment” where it is referred to in the Rules (sub-paragraph (2));to make provision to allow a party to be represented by a person authorised under an enactment to conduct proceedings in the sheriff court and for the recovery of expenses by that party (sub-paragraphs (3) and (11));to make provision for appropriate forms to be used where the defender may apply for a time order under the Consumer Credit Act 1974 (sub-paragraphs (4) to (9) and (12));to provide for intimation of specifications under rule 28.8(2) to the Advocate General for Scotland in appropriate cases and for the right of the Advocate General to appear at a hearing under that rule (sub-paragraph (10));to make provision for the giving of evidence and the making of submissions by a live link (sub-paragraph (13));to make a minor amendment to the rule 33.27A in respect of applications for postponement of decree under section 3A of the Divorce (Scotland) Act 1976 and to clarify that the simplified divorce procedure does not apply where either party makes such an application (sub-paragraphs (14) and (15));to make related consequential amendments to the forms set out in Appendix 1 to the Ordinary Cause Rules (sub-paragraph (16)).Paragraph 3 amends the Summary Application Rules:to clarify the meaning of the term “enactment” where it is referred to in the Rules (sub-paragraph (2));to make provision for appropriate forms to be used where the defender may apply for a time order under the Consumer Credit Act 1974 (sub-paragraphs (3), (4) and (6);to make provision for the giving of evidence and the making of submissions by a live link (sub-paragraph (5)); andto make provision to allow a party to be represented by a person authorised under an enactment to conduct proceedings in the sheriff court and for the recovery of expenses by that party (sub-paragraph (5));Paragraph 4 amends the Summary Cause Rules:to clarify the meaning of the term “enactment” where it is referred to in the Rules (sub-paragraph (2));to make provision allowing a party to be represented by a person authorised under an enactment to conduct proceedings in the sheriff court and for the recovery of expenses by that party (sub-paragraphs (3) and (4));to clarify the procedure following recall of decree under rule 24.1 (sub-paragraph (5));to allow the sheriff to give directions for the preservation of the defender’s goods and effects in all cases where decree is pronounced in an action for the recovery of possession of heritable property (sub-paragraph (6));to make provision for the giving of evidence and the making of submissions by a live link (sub-paragraph (7)).Paragraph 5 amends the Small Claim Rules:to clarify the meaning of the term “enactment” where it is referred to in the Rules (sub-paragraph (a));to make provision allowing a party to be represented by a person authorised under an enactment to conduct proceedings in the sheriff court and for the recovery of expenses by that party (sub-paragraphs (b) and (c)); andto clarify the procedure following recall of decree under rule 22.1 (sub-paragraph (d));to make provisions for the giving of evidence and the making of submissions by a live link (sub-paragraph (e)).

Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007

para. 2(14)

(15)

para. 2(16)(f)-(k)

Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007

para. 1(2)

Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007

para. 2(13)

Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Attendance at Hearings) 2023

para. 4(1)(a)

para. 1(2)

Amendment of Summary Cause Rules4

1

The Act of Sederunt (Summary Cause Rules) 200222 is amended in accordance with the following sub-paragraphs.

2

In rule 1.1(2) (interpretation), after the definition of “authorised lay representative” there shall be inserted the following:–

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

3

In rule 2.1(representation)–

a

for paragraph (1) there shall be substituted the following:–

1
A party may be represented by–
a
an advocate;
b
a solicitor;
c
a person authorised under any enactment to conduct proceedings in the sheriff court, in accordance with the terms of that enactment; and
d
subject to paragraphs (2) and (4), an authorised lay representative.

b

in paragraph (3), for “an authorised lay representative” there shall be substituted “the persons referred to in paragraph (1)(c) and (d) above”.

4

In rule 23.3 (expenses), in paragraphs (3) and (4)(i), after “representative” there shall be inserted “or a person authorised under any enactment to conduct proceedings in the sheriff court”.

5

In rule 24.1(7) (recall of decree), for “in terms of rule 8.3” there shall be substituted “as a hearing held under rules 8.2(3) to (7) and 8.3”.

6

In rule 30.4 (preservation of defender’s goods and effects) “and the defender is neither present nor represented” shall be omitted.

7

After Chapter 36 (equality enactments)23 there shall be inserted–

Chapter 37LIVE LINKS
37.1
1
On cause shown, a party may apply by incidental application for authority for the whole or part of–
a
the evidence of a witness or the party to be given; or
b
a submission to be made,
through a live link.
2
in paragraph (1)–
“witness” means a person who has been or may be cited to appear before the court as a witness;
“submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of an incidental application; and
“live link” means a live television link or such other arrangement as may be specified in the incidental application by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the court room.