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

Intimation of devolution issue

6.—(1) Intimation of a devolution issue shall be given to the relevant authority (unless he is a party to the proceedings) in accordance with this rule.

(2) Where the devolution issue is raised in the initiating document, the sheriff shall order intimation of the devolution issue as craved in the warrant for service.

(3) In any case other than that described in paragraph (2) above, the party raising the devolution issue shall lodge a motion or incidental application, as the case may be, craving a warrant for intimation of the devolution issue on the relevant authority, and on considering the motion or incidental application, where it appears to the sheriff that a devolution issue arises, he shall order such intimation of the devolution issue.

(4) Where intimation is ordered in accordance with paragraphs (2) or (3) above, such intimation shall be in Form 2 and be made in such manner as the sheriff considers appropriate in the circumstances.

(5) The intimation of a devolution issue shall specify 14 days, or such other period as the sheriff thinks fit, as the period within which the relevant authority may enter appearance as a party in the proceedings.