2009 No. 164
Act of Sederunt (Sheriff Court Rules Amendment) (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) 2009
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 the said Act of 1971, do hereby enact and declare:
Citation, commencement and interpretation1
1
This Act of Sederunt—
a
may be cited as the Act of Sederunt (Sheriff Court Rules Amendment) (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) 2009; and
b
comes into force on 20th May 2009.
2
This Act of Sederunt is to be inserted in the Books of Sederunt.
3
In this Act of Sederunt—
“the Ordinary Cause Rules” means the First Schedule to the Sheriff Courts (Scotland) Act 19072;
“the Summary Application Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19993;
“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.
Amendment of rules in consequence of sections 25 to 29 of the 1990 Act
2
In rule 1.2 (interpretation) of the Ordinary Cause Rules, at the end there is added—
6
In these Rules, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 19906 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act.
3
In rule 1.2 (interpretation) of the Summary Application Rules, at the end there is added—
4
In this Act of Sederunt, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act.
4
1
The Summary Cause Rules are amended in accordance with paragraphs (2) and (3).
2
In rule 1.1 (citation, interpretation and application), after paragraph (4) there is inserted—
4A
In these Rules, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act.
3
In rule 23.3 (expenses), in paragraph (1) for “statutory table of fees of solicitors appropriate to the action” there is substituted “applicable statutory table of fees”.
5
1
The Small Claim Rules are amended in accordance with paragraphs (2) and (3).
2
In rule 1.1 (citation, interpretation and application), after paragraph (4) there is inserted—
4A
In these Rules, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act.
3
In rule 21.6 (expenses), in paragraph (2) for “statutory table of fees of solicitors appropriate to a summary cause” there is substituted “applicable statutory table of fees”.
(This note is not part of the Act of Sederunt)