Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Diligence) 2009

Explanatory Note

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

This Act of Sederunt amends the Rules of the Court of Session 1994 in consequence of the commencement of Parts 5 (inhibition) and 10 (arrestment in execution and action of furthcoming) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”).

Paragraph 2(2), (3), (5), (6) and (7) makes provision in consequence of sections 148 and 149 of the 2007 Act in relation to registration of inhibition.

Paragraph 2(4) and (13) provides for the form of service of copy decree under new section 73C(2) of the Debtors (Scotland) Act 1987, inserted by section 206 of the 2007 Act.

Paragraph 2(8) and (14) makes provision in consequence of the abolition, by section 146(6) of the 2007 Act, of the process of applying for letters of inhibition.

Paragraph 2(9) amends the form of schedule of arrestment on the dependence to reflect the new provisions in section 73F of the Debtors (Scotland) Act 1987 on the protected minimum balance.

Paragraph 2(10) removes the form of schedule of arrestment in execution from the Rules as that form is now prescribed by Scottish Ministers under new section 73B of the Debtors (Scotland) Act 1987.

Paragraph 2(11) removes the form of schedule of inhibition from the Rules as that form is now prescribed by Scottish Ministers under section 148 of the 2007 Act.

Paragraph 2(12) amends Form 16.15-H so that it now provides only for the form of certificate of execution of an inhibition.