Act of Sederunt (Proceedings for Determination of Devolution Issues Rules) 1999

Specification of devolution issue

5.—(1) Any party raising a devolution issue shall specify–

(a) where he initiates the action, in the initiating document;

(b) in the written defences or answers; or

(c) in any other case, in Form 1,

the facts and circumstances and contentions of law on the basis of which it is alleged that the devolution issue arises in sufficient detail to enable the sheriff to determine whether such an issue arises in the proceedings.

(2) Where a party wishes to raise a devolution issue after lodging any writ mentioned in paragraph (1) above, he shall do so–

(a) by way of adjustment or minute of amendment; or

(b) in proceedings in which there is no procedure for adjustment or amendment, in Form 1,

so as to provide specification of the matters mentioned in that paragraph.