2008 No. 435
SHERIFF COURT

Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 2008

Made
Coming into force
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 that Act, do hereby enact and declare:

Citation and commencement, etc1.

(1)

This Act of Sederunt–

(a)

may be cited as the Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 2008; and

(b)

comes into force on 12th January 2009.

(2)

This Act of Sederunt is to be inserted in the Books of Sederunt.

Interpretation2.

(1)

In this Act of Sederunt–

“the Regulation” means Regulation (EC) No.861/2007 of the European Parliament and the Council of 11th July 2007 creating a European Small Claims Procedure2;
“the Ordinary Cause Rules” means the First Schedule to the Sheriff Courts (Scotland) Act 19073;
“the Summary Cause Rules” means the Summary Cause Rules in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 20024;
“the Small Claim Rules” means the Small Claim Rules in Schedule 1 to the Act of Sederunt (Small Claim Rules) 20025;

(2)

Expressions used in both the Regulation and this Act of Sederunt have the same meaning here as there.

(3)

A form referred to in this Act of Sederunt by number means the form so numbered in the Schedule to this Act of Sederunt or a form to substantially the same effect, with such variation as circumstances may require.

(4)

A reference in this Act of Sederunt to a numbered Article is a reference to the Article of the Regulation so numbered.

Communication by the court3.

(1)

This rule applies where–

(a)

under the Regulation or this Act of Sederunt the court requires to send a document to a person; and

(b)

the Regulation does not require otherwise.

(2)

The document is to be sent by the sheriff clerk.

(3)

The document is to be sent–

(a)

where it is being sent to an address within the United Kingdom, by first class recorded delivery;

(b)

where it is being sent to an address outside the United Kingdom, by registered post.

(4)

The sheriff clerk must complete a certificate of posting to which must be attached the relevant postal receipt.

Transfer to domestic procedure4.

(1)

This rule applies where, under paragraph 3 of Article 4 (commencement of the procedure) it is determined that a claim presented under the procedure established by the Regulation is outside the scope of the Regulation.

(2)

The sheriff clerk must, within 21 days of the determination, send to the claimant a notice in Form 1.

(3)

Where the claimant does not withdraw the claim, the proceedings shall proceed under the Ordinary Cause Rules, the Summary Cause Rules or the Small Claim Rules, as the case may be, and the sheriff is to make an order containing such provision as the sheriff thinks fit for the purpose of bringing the proceedings into line with an appropriate stage of proceedings under those rules.

(4)

The provision which may be made in an order under paragraph (2) includes–

(a)

provision dispensing with any provision of the rules concerned; or

(b)

provision deeming any document lodged in the proceedings under the Regulation to constitute a document in proceedings under those rules.

(5)

The sheriff clerk must, within 21 days of the making of the order, send to the claimant a notice in Form 2.

Ancillary applications5.

(1)

An application under paragraph 1 of Article 18 (review of judgment) is to be in Form 3.

(2)

An application under paragraph 1 of Article 22 (refusal of enforcement) is to be in Form 4.

(3)

An application under Article 23 (stay or limitation of enforcement) is to be in Form 5.

(4)

The sheriff may make such order as the sheriff thinks fit for the progress of any such application.

A C HAMILTON
Lord President I.P.D.

Edinburgh

SCHEDULE

FORM 1Form of notice that claim presented under European Small Claims Procedure outside scope of Regulation

Rule 4(2)

FORM 2Form of notice that claim presented under European Small Claims Procedure transferred to domestic procedure

Rule 4(5)

FORM 3Form of application for review of a judgement given in the European Small Claims Procedure under Article 18(1) of Regulation (EC) No 861/2007 of 11th July 2007

Rule 5(1)

FORM 4Form of application for refusal of enforcement of a judgement given in the European Small Claims Procedure under Article 22(1) of Regulation (EC) No 861/2007 of 11th July 2007

Rule 5(2)

FORM 5Form of application for stay or limitation of enforcement of a judgement given in the European Small Claims Procedure under Article 23(1) of Regulation (EC) No 861/2007 of 11th July 2007

Rule 5(3)

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

Regulation (EC) No.861/2007 of the European Parliament and the Council of 11th July 2007 creates a European Small Claims Procedure. This Act of Sederunt provides rules in connection with proceedings in the sheriff court under that procedure. In particular, it provides:

(a)

rules on communications by the court under the Regulation (see rule 3);

(b)

rules on what happens when an application under that procedure is determined to be outside the scope of the Regulation (see rule 4); and

(c)

rules on the form of certain ancillary applications under the Regulation (see rule 5).