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5.1. [F1Without prejudice to rule 5.1A.,] a person may only lodge a caveat against–
(a)an interim interdict sought in an action before he has lodged defences;
(b)an interim order sought in an action before the expiry of the period within which he could enter appearance;
(c)an interim order (other than an order under section 1 of the Administration of Justice (Scotland) Act 1972(1) (orders for inspection of documents and other property, etc.) sought in a petition before he has lodged answers;
(d)an order for intimation, service and advertisement of a petition to wind up, or to appoint an administrator to, a company in which he has an interest; and
(e)an order for intimation, service and advertisement of a petition for his sequestration.
Textual Amendments
F1Words in Sch. 2 rule 5.1 inserted (1.4.2001) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Assistance In Investigations Undertaken by European Commission Into Certain Prohibited Practices and Abuses) 2001 (S.S.I. 2001/92), paras. 1(1), 2(1)
Commencement Information
I1Sch. 2 rule 5.1 in force at 5.9.1994, see para. 1(1)
5.1A. A caveat shall not be lodged against an interim order sought in a petition under rule [F3rule 83.2].]
Textual Amendments
F2Sch. 2 rule 5.1A inserted (1.4.2001) by Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Assistance In Investigations Undertaken by European Commission Into Certain Prohibited Practices and Abuses) 2001 (S.S.I. 2001/92), paras. 1(1), 2(2)
F3Words in Sch. 2 rule 5.1A substituted (18.9.2001) by Act of Sederunt (Rules of the Court of Session Amendment No.4) (Miscellaneous) 2001 (S.S.I. 2001/305), paras. 1(1)(b), 16
5.2. –
(1) A caveat shall be in Form 5.2 and shall be lodged in the Petition Department.
(2) A caveat shall remain in force for a period of one year from the date on which it was lodged and may be renewed on its expiry for a further period of a year and yearly thereafter.
Commencement Information
I2Sch. 2 rule 5.2 in force at 5.9.1994, see para. 1(1)
1972 c. 59; section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 19 and Schedule 2, paragraph 15.
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