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Act of Sederunt (Rules of the Court of Session 1994) 1994

Status:

This is the original version (as it was originally made).

Preamble

SCHEDULE 1POWERS UNDER AND BY VIRTUE OF WHICH THIS ACT OF SEDERUNT IS MADE

Column 1Column 2Column 3
Relavant enactment conferring powerRelevant amending enactmentRelevant provision in Schedule 2
Section 34A of the Judicial Factors Act 1849 (c. 51)Inserted by section 67 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)Rules 61.31 and 61.32
Section 40 of the Judicial Factors Act 1849Amended by paragraph 15 of Schedule 1 to the Age of Legal Capacity (Scotland) Act 1991 (c. 50)Chapter 61
Section 11B of the Judicial Factors Act 1889 (c. 39)Inserted by paragraph 4 of Schedule 7 to the Bankruptcy (Scotland) Act 1985 (c. 66)Rules 61.9 and Part II of Chapter 61
Section 21 of the Judicial Factors Act 1889Chapter 61
Section 4 of the Court of Session Consignations (Scotland) Act 1895 (c. 19)Rule 33.12(4)
Section 11 of the Administration of Justice Act 1920 (c. 81)Part II of Chapter 62
Section 12(b) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)Part II of Chapter 62
Section 1(1) of the Public Records (Scotland) Act 1937 (c. 43)Amended by section 1(3) and (7) of the Public Registers and Records (Scotland) Act 1948 (c. 57)Rule 9.1
Section 1(2) of the Public Records (Scotland) Act 1937Rule 9.2
Section 58C of the Trade Marks Act 1938 (c. 22)Inserted by section 300 of the Copyright, Designs and Patents Act 1988 (c. 48)Rules 55.17
Section 8(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)Amended by section 52(5) of the Court of Session Act 1988 (c. 36)Rules 32.3 and 32.7
Section 7(b) of the Arbitration (International Investment Disputes) Act 1966 (c. 41)Part III of Chapter 62
Section 1(3) of the Administration of Justice (Scotland) Act 1972 (c. 59)Chapter 64
Paragraph 5 of Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45)Rule 49.1(3)
Sections 47(6) and 102(1) and (3) of the Children Act 1975 (c. 72)Section 102 was amended by Schedule 4 to the Adoption Act 1976 (c. 36)Rule 49.20
Section 48(1) of the Children Act 1975Amended by Schedule 2 to the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9)Rules 49.8(3)(g) and 49.20
Section 11 of the Divorce (Scotland) Act 1976 (c. 39)Rule 49.17
Section 15 of the Presumption of Death (Scotland) Act 1977Chapter 50
Section 92(4) of the Patents Act 1977 (c. 37)Rule 66.7
Section 59(1) of the Adoption Act 1978 (c. 28)Chapter 67
Section 57(4) of the Solicitors (Scotland) Act 1980 (c. 46)Amended by Schedule 2 to the Solicitors (Scotland) Act 1988 (c. 42) and section 37(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990Rules 68.2(1) and 68.3
Section 4 of the Civil Jurisdiction and Judgments Act 1982 (c. 27)Extended by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993 [S.I. 1993/604]Rule 62.28
Section 12 of the Civil Jurisdiction and Judgments Act 1982Extended by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993Rule 62.40
Section 48 of the Civil Jurisdiction and Judgments Act 1982Part V of Chapter 62
Section 9(5) of the Merchant Shipping (Liner Conferences) Act 1982 (c. 37)Part VI of Chapter 62
Sections 121(3) and (4) and 185(1) of the Representation of the People Act 1983 (c. 2)Rules 69.2 and 69.3
Sections 136(2)–(4) and (7) and 185 of the Representation of the People Act 1983Amended by paragraph 48 of Schedule 4 to the Representation of the People Act 1985 (c. 50)Rule 69.4
Sections 138(1) and 185 of the Representation of the People Act 1983Rule 69.8
Sections 139(1) and 185 of the Representation of the People Act 1983Rule 69.9
Sections 146(1) and 185 of the Representation of the People Act 1983Rule 69.18
Sections 147(1) and (2) and 185 of the Representation of the People Act 1983Rule 69.19
Sections 152(3) and 185 of the Representation of the People Act 1983Rule 69.20
Sections 153(1) and 185 of the Representation of the People Act 1983Rule 69.25
Section 10 of the Child Abduction and Custody Act 1985 (c. 60)Parts I and II of Chapter 70
Section 24 of the Child Abduction and Custody Act 1985Parts I and III of Chapter 70
Section 1A(1)(b) of the Bankruptcy (Scotland) Act 1985 (c. 66)Inserted by section 1(1) of the Bankruptcy (Scotland) Act 1993 (c. 6)Rule 72.6(1)
Section 14(4) of the Bankruptcy (Scotland) Act 1985Amended by paragraph 3 of Schedule 1 to the Bankruptcy (Scotland) Act 1993Rule 72.6(3)
Section 62(2) of the Bankruptcy (Scotland) Act 1985Rule 72.5
Paragraph 2 of Schedule 5 to the Bankruptcy (Scotland) Act 1985Rule 72.6(3) and (4)
Section 27 of the Family Law Act 1986 (c. 55)Rule 71.3
Section 28 of the Family Law Act 1986Rule 71.6
Section 90(4) of the Debtors (Scotland) Act 1987 (c. 18)Rule 16.15(1)(i)
Section 102 of the Debtors (Scotland) Act 1987Part II of Chapter 16
Section 8(4) of the Criminal Justice (Scotland) Act 1987 (c. 41)Rule 76.4(2)
Section 22 of the Criminal Justice (Scotland) Act 1987Rules 76.10 to 76.14
Section 28(1) of the Criminal Justice (Scotland) Act 1987Part VII of Chapter 62
Section 46 of the Criminal Justice (Scotland) Act 1987Rules 76.3(2) and 76.7(2)
Section 7(e) of the Multilateral Investment Guarantee Agency Act 1988 (c. 8)Part VIII of Chapter 62
Section 91(1) and (2) of the Criminal Justice Act 1988 (c. 33)Part VII of Chapter 62
Section 6(i) of the Court of Session Act 1988Chapter 3
Section 6(ii) of the Court of Session Act 1988Rules 14.2 and 14.3
Section 6(iii) of the Court of Session Act 1988Rules 46.2, 46.3 and 46.5
Section 6(iv) of the Court of Session Act 1988Rules 46.2 and 46.4
Section 6(v) of the Court of Session Act 1988Chapter 25
Section 6(vi) of the Court of Session Act 1988Part II of Chapter 63
Section 6(vii) of the Court of Session Act 1988Rule 13.6(b)
Section 26(2) of the Court of Session Act 1988Rule 77.10
Section 26(3) of the Court of Session Act 1988Rule 77.3
Sections 28 and 51(2) of the Court of Session Act 1988Chapter 38
Sections 29(1) and 51 of the Court of Session Act 1988Rules 39.1 to 39.5
Sections 34 and 51 of the Court of Session Act 1988Rule 53.1 and Chapter 60
Sections 48(2)(b) and 51 of the Court of Session Act 1988Section 48(2)(b) was substituted by paragraph 38 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990Rule 23.14
Sections 49(1) and 51 of the Court of Session Act 1988Rule 58.1(3)
Section 114(3) of the Copyright, Designs and Patents Act 1988 (c. 48)Rule 55.17(2)
Section 204(3) of the Copyright, Designs and Patents Act 1988Rule 55.17(2)
Section 231(3) of the Copyright, Designs and Patents Act 1988Rule 55.17(2)
Paragraph 11(2) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)Rule 76.24
Paragraph 19(1)–(3) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989Part VII of Chapter 62
Section 8(1) to the Access to Health Records Act 1990 (c. 23)Rule 79.3
(1)

Section 185 of the Representation of the People Act 1983 contains a definition of “prescribed” relevant to the exercise of powers under sections 121, 136, 138, 139, 146, 147, 152 and 153.

(2)

Section 51 of the Court of Session Act 1988 contains a definition of “prescribed” relevant to the exercise of powers conferred by sections 28, 29, 34, 48 and 49.

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