1993 No. 3128 (S.296)
Act of Sederunt (Summary Suspension) 1993
Made
Coming into force
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 32 of the Sheriff Courts (Scotland) Act 19711 and of all other powers enabling them in that behalf, having approved, with modifications, draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of that Act, do hereby enact and declare:
Citation and commencement1
1
This Act of Sederunt may be cited as the Act of Sederunt (Summary Suspension) 1993 and shall come into force on 1st January 1994.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Summary application for suspension of charge2
Where a charge for payment has been executed on any decree to which section 5(5) of the Sheriff Courts (Scotland) Act 19072 applies the person so charged may apply to the sheriff in the sheriff court having jurisdiction over him for suspension of such charge and diligence.
Sist of diligence3
1
On sufficient caution being found or other security given for–
a
the sum charged for with interest and expenses, and
b
a further sum to be fixed by the sheriff in respect of expenses to be incurred in the suspension process,
the sheriff may sist diligence, order intimation and answers, and proceed to dispose of the cause in a summary manner.
2
The following rules of the Ordinary Cause Rules 19933 shall, with the necessary modifications, apply to an applicant under paragraph 2:–
rule 27.4 (methods of finding caution or giving security)
rule 27.5 (cautioners and guarantors)
rule 27.6 (forms of bonds of caution and other securities)
rule 27.7 (sufficiency of caution or security and objections)
rule 27.8 (insolvency or death of cautioner or guarantor).
Objections4
Where objections are taken to the competency or regularity of suspension proceedings, the decision of the sheriff on such objections may be appealed to the sheriff principal whose decision shall be final and not subject to appeal.
Savings for proceedings arising out of causes already commenced5
Nothing in this Act of Sederunt shall affect suspension proceedings arising out of causes commenced before the date of coming into force of this Act of Sederunt, which shall proceed according to the law and practice in force immediately before that date.
(This note is not part of the Act of Sederunt)