Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

Notice of date and place of trialS

3.11.7—(1) The sheriff clerk shall, as soon as he receives intimation of the time and place fixed for trial–

(a)display a notice thereof on the walls of his principal office; and

(b)send by first class post one copy of such notice to–

(i)the petitioner;

(ii)the respondent;

(iii)the Lord Advocate; and

(iv)the returning officer.

(2) The returning officer on receipt of notice from the sheriff clerk shall forthwith publish the time and place fixed for trial in the area for which the election questioned was held.

(3) Subject to paragraph (4), display of a notice in accordance with paragraph (1)(a) shall be deemed to be notice in the prescribed manner within the meaning of section 139(1) of the Act (trial of petition) and such notice shall not be vitiated by any miscarriage of or relating to all or any copies sent by post.

(4) At any time before the trial it shall be competent for any party interested to bring any miscarriage of notice sent by post before the sheriff principal, who shall deal therewith as he may consider fit.