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Sheriff Courts (Scotland) Act 1907

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Sheriff Courts (Scotland) Act 1907, Paragraph 9 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Alteration of date for Options HearingS

[F19.2A.(1)Subject to paragraph (2), at any time before the date and time fixed under rule 9.2 (fixing date for Options Hearing) or under this rule, the sheriff–

(a)may, of his own motion or on the motion of any party–

(i)discharge the Options Hearing; and

(ii)fix a new date and time for the Options Hearing; or

(b)shall, on the joint motion of the parties–

(i)discharge the Options Hearing; and

(ii)fix a new date and time for the Options Hearing.

(2)The date and time to be fixed–

(a)under paragraph (1)(a)(ii) may be earlier or later than the date and time fixed for the discharged Options Hearing;

(b)under paragraph (1)(b)(ii) shall be earlier than the date and time fixed for the discharged Options Hearing.

(3)Where the sheriff is considering making an order under paragraph (1)(a) of his own motion and in the absence of the parties, the sheriff clerk shall–

(a)fix a date, time and place for the parties to be heard; and

(b)inform the parties of that date, time and place.

(4)The sheriff may discharge a hearing fixed under paragraph (3) on the joint motion of the parties.

(5)On the discharge of the Options Hearing under paragraph (1), the sheriff clerk shall forthwith intimate to all parties–

(a)that the Options Hearing has been discharged under paragraph (1)(a) or (b), as the case may be;

(b)the last date for lodging defences, if appropriate;

(c)the last date for adjustment, if appropriate; and

(d)the new date and time fixed for the Options Hearing under paragraph (1)(a) or (b), as the case may be.

(6)Any reference in these Rules to the Options Hearing or a continuation of it shall include a reference to an Options Hearing for which a date and time has been fixed under this rule.]

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