SCHEDULES

F1First Schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Special provisions in relation to particular causes

CHAPTER 37 CAUSES UNDER THE PRESUMPTION OF DEATH (SCOTLAND) ACT 1977

37 Applications for variation or recall of decree

1

An application under section 4(1) of the Act of 1977 (variation or recall of decree) shall be made by minute in the process of the action to which it relates.

2

On the lodging of such a minute, the sheriff shall make an order—

a

for service on the missing person, where his whereabouts have become known;

b

for intimation to those persons mentioned in rule 37.2(3) or to dispense with intimation to a person mentioned in rule 37.2(3)(a) or (b); and

c

for any answers to the minute to be lodged in process within such period as the sheriff thinks fit.

3

An application under section 4(3) of the Act of 1977 (person interested seeking determination or appointment not sought by applicant for variation order) shall be made by lodging answers containing a crave for the determination or appointment sought.

4

A person lodging answers containing a crave under paragraph (3) shall, as well as sending a copy of the answers to the minuter—

a

send a copy of the answers by registered post or the first class recorded delivery service to each person on whom service or intimation of the minute was ordered; and

b

lodge in process the Post Office receipt or certificate of posting of those answers.