http://www.legislation.gov.uk/ssi/2007/6/introduction/2007-01-29
Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007
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SHERIFF COURT
2023-11-30
Statute Law Database
2007-01-29
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)
2007 No. 6
SHERIFF COURT
Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007
Made
Coming into force in accordance with paragraph 1(1) and (2)
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711, and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare: