Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009

Explanatory Note

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

This Act of Sederunt amends the sheriff court rules in consequence of the commencement of Parts 5 and 10 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”).

Part 10 of the 2007 Act inserts new sections 73A to 73T into the Debtors (Scotland) Act 1987 to make provision in relation to arrestment in execution and actions of furthcoming. This Act of Sederunt inserts new rules into the Act of Sederunt (Proceedings under the Debtors (Scotland) Act 1987) 1988 to provide the appropriate forms and procedures (paragraph 2).

The forms of schedule of inhibition on the dependence are removed from the Ordinary Cause, Summary Cause and Small Claim Rules as those forms are now prescribed by the Scottish Ministers under Part 5 of the 2007 Act. A new form of schedule of arrestment on the dependence is inserted into those Rules as well as the Summary Application Rules. Consequential amendments are made to the rules on registration of inhibition in consequence of section 148 and 149 of the 2007 Act (paragraphs 3 to 6).

Consequential amendments are also made to the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002 as a result of the commencement of paragraphs 30(4) and 30(9) of Schedule 5 to the 2007 Act (paragraph 7).