Act of Sederunt (Summary Cause Rules) 2002

• (3) A party who is or has been represented by an authorised lay representative and who would have been found entitled to expenses if he had been represented by a solicitor or an advocate may be awarded any outlays or expenses to which a party litigant might be found entitled in accordance with paragraph (2).

• (4) A party who is not an individual, and–

• (i) is or has been represented by an authorised lay representative;

• (ii) if unrepresented, could not represent itself; and

• (iii) would have been found entitled to expenses if it had been represented by a solicitor or an advocate,

may be awarded any outlays to which a party litigant might be found entitled under the 1975 Act or any enactment made under that Act.

• (5) In every case including an appeal where expenses are awarded, the sheriff clerk shall hear the parties or their solicitors on the claims for expenses including fees, if any, and outlays.

• (6) Except where the sheriff principal or the sheriff has reserved judgment or where he orders otherwise, the hearing on the claim for expenses must take place immediately upon the decision being pronounced.

• (7) When that hearing is not held immediately, the sheriff clerk must–

• (a) fix the date, time and place when he shall hear the parties or their solicitors; and

• (b) give all parties at least 14 days' notice in writing of the hearing so fixed.

• (8) The party awarded expenses must–

• (a) lodge his account of expenses in court at least seven days prior to the date of any hearing fixed under paragraph (7); and

• (b) at the same time forward a copy of that account to every other party.

• (9) The sheriff clerk must–

• (a) fix the amount of the expenses; and

• (b) report his decision to the sheriff principal or the sheriff in open court for his approval at a diet which the sheriff clerk has intimated to the parties.

• (10) The sheriff principal or the sheriff, after hearing parties or their solicitors if objections are stated, must pronounce final decree including decree for payment of expenses as approved by him.

• (11) In an appeal, the sheriff may pronounce decree under paragraph (10) on behalf of the sheriff principal.

• (12) Failure by–

• (a) any party to comply with any of the foregoing provisions of this rule; or

• (b) the successful party or parties to appear at the hearing on expenses,

must be reported by the sheriff clerk to the sheriff principal or the sheriff at a diet which the sheriff clerk has intimated to the parties.

• (13) In either of the circumstances mentioned in paragraphs (12)(a) or (b), the sheriff principal or sheriff must, unless sufficient cause be shown, pronounce decree on the merits of the action and find no expenses due to or by any party.

• (14) A decree pronounced under paragraph (13) shall be held to be the final decree for the purposes of these Rules.

• (15) The sheriff principal or sheriff may, if he thinks fit, on the application of the solicitor of any party to whom expenses may be awarded, made at or before the time of the final decree being pronounced, grant decree in favour of that solicitor for the expenses of the action.

Correction of interlocutor or note

23.4

At any time before extract, the sheriff may correct any clerical or incidental error in an interlocutor or note attached to it.

Taxes on funds under control of the court

23.5

• (1) Subject to paragraph (2), in an action in which money has been consigned into court under the Sheriff Court Consignations (Scotland) Act 1893[^f00024], no decree, warrant or order for payment to any person shall be granted until there has been lodged with the sheriff clerk a certificate by an authorised officer of the Inland Revenue stating that all taxes or duties payable to the Commissioners of Inland Revenue have been paid or satisfied.

• (2) In an action of multiplepoinding, it shall not be necessary for the grant of a decree, warrant or order for payment under paragraph (1) that all of the taxes or duties payable on the estate of a deceased claimant have been paid or satisfied.

Extract of decree

23.6

• (1) Extract of a decree signed by the sheriff clerk may be issued only after the lapse of 14 days from the granting of the decree unless the sheriff on application orders earlier extract.

• (2) In an action (other than an action to which rule 30.2 applies) where an appeal has been lodged, the extract may not be issued until the appeal has been disposed of.

• (3) The extract decree–

• (a) may be written on the summons or on a separate paper;

• (b) may be in one of Forms 28 to 28k; and

• (c) shall be warrant for all lawful execution.

Charge

23.7

• (1) The period for payment specified in any charge following on a decree for payment granted in an action shall be–

• (a) 14 days if the person on whom it is served is within the United Kingdom; and

• (b) 28 days if he is outside the United Kingdom or his whereabouts are unknown.

• (2) The period in respect of any other form of charge on a decree in an action shall be 14 days.

Service of charge where address of defender is unknown

23.8

• (1) If the address of a defender is not known to the pursuer, a charge shall be deemed to have been served on the defender if it is–

• (a) served on the sheriff clerk of the sheriff court district where the defender’s last known address is located; and

• (b) displayed by the sheriff clerk on the walls of court for the period of the charge.

• (2) On receipt of such a charge, the sheriff clerk must display it on the walls of court and it must remain displayed for the period of the charge.

• (3) The period specified in the charge shall run from the first date on which it was displayed on the walls of court.

• (4) On the expiry of the period of charge, the sheriff clerk must endorse a certificate in Form 29 on the charge certifying that it has been displayed in accordance with this rule and must then return it to the sheriff officer by whom service was executed.

Diligence on decree in actions for delivery

23.9

• (1) In an action for delivery, the court may, when granting decree, grant warrant to search for and take possession of goods and to open shut and lockfast places.

• (2) A warrant granted under paragraph (1) shall only apply to premises occupied by the defender.

Applications in same action for variation, etc. of decree

23.10

• (1) If by virtue of any enactment the sheriff, without a new action being initiated, may order that–

• (a) a decree granted be varied, discharged or rescinded; or

• (b) the execution of that decree in so far as it has not already been executed be sisted or suspended,

the party requesting the sheriff to make such an order must do so by lodging a minute to that effect, setting out briefly the reasons for the application.

• (2) On the lodging of such a minute by the pursuer, the sheriff clerk must grant warrant for service upon the defender (provided that the pursuer has returned the extract decree).

• (3) On the lodging of such a minute by the defender, the sheriff clerk must grant warrant for service upon the pursuer ordaining him to return the extract decree and may, where appropriate, grant interim sist of execution of the decree.

• (4) Subject to paragraph (5), the minute shall not be heard in court unless seven days' notice of the minute and warrant has been given to the other parties by the party lodging the minute.

• (5) The sheriff may, on cause shown, alter the period of seven days referred to in paragraph (4) but may not reduce it to less than two days.

• (6) This rule shall not apply to any proceedings under the Debtors (Scotland) Act 1987[^f00025] or to proceedings which may be subject to the provisions of that Act.

CHAPTER 24 — Recall of decree

Recall of decree

24.1

• (1) A party may apply for recall of a decree granted under rule 7.1 or 8.2(5), (6) or (7) by lodging with the sheriff clerk a minute in Form 30, explaining the party’s failure to appear and in the case of–

• (a) a defender; or

• (b) where decree has been granted in respect of a counterclaim, a pursuer,

stating, where he has not already done so–

• (i) his proposed defence, in the case of a defender; or

• (ii) his proposed answer, in the case of a pursuer responding to a counterclaim.

• (2) A party may apply for recall of a decree in the same action on one occasion only.

• (3) Except in relation to an application to which paragraph (4) applies, a minute by a pursuer under paragraph (1) must be lodged within 14 days of the grant of the decree.

• (4) A minute lodged by–

• (a) a pursuer in respect of a decree granted in terms of a counterclaim;

• (b) a defender; or

• (c) a third party,

shall be lodged–

• (i) if the action was served on the party seeking recall outwith the United Kingdom under rule 5.7, within a reasonable time after he had knowledge of the decree against him or in any event before the expiry of one year from the date of that decree; or

• (ii) in any other case, within 14 days of the execution of a charge or execution of arrestment, whichever first occurs, following on the grant of decree.

• (5) On the lodging of a minute for recall of a decree, the sheriff clerk must fix a date, time and place for a hearing of the minute.

• (6) If a hearing has been fixed under paragraph (5), the party seeking recall must serve upon the other party not less than seven days before the date fixed for the hearing–

• (a) a copy of the minute in Form 30a; and

• (b) a note of the date, time and place of the hearing.

• (7) At a hearing fixed under paragraph (5), the sheriff shall recall the decree so far as not implemented and the hearing shall then proceed in terms of rule 8.3.

• (8) A minute for recall of a decree, when lodged and served in terms of this rule, shall have the effect of preventing any further action being taken by the other party to enforce the decree.

• (9) On receipt of the copy minute for recall of a decree, any party in possession of an extract decree must return it forthwith to the sheriff clerk.

• (10) If it appears to the sheriff that there has been any failure or irregularity in service of the minute for recall of a decree, he may order re-service of the minute on such conditions as he thinks fit.

CHAPTER 25 — Appeals

Appeals

25.1

• (1) An appeal to the sheriff principal, other than an appeal to which rule 25.4 applies, must be by note of appeal in Form 31 lodged with the sheriff clerk not later than 14 days after the date of final decree–

• (a) requesting a stated case; and

• (b) specifying the point of law upon which the appeal is to proceed.

• (2) The appellant must, at the same time as lodging a note of appeal, intimate a copy of it to every other party.

• (3) The sheriff must, within 28 days of the lodging of a note of appeal, issue a draft stated case containing–

• (a) findings in fact and law or, where appropriate, a narrative of the proceedings before him;

• (b) appropriate questions of law; and

• (c) a note stating the reasons for his decisions in law,

and the sheriff clerk must send a copy of the draft stated case to the parties.

• (4) In an appeal where questions of admissibility or sufficiency of evidence have arisen, the draft stated case must contain a description of the evidence led at the proof to which these questions relate.

• (5) Within 14 days of the issue of the draft stated case–

• (a) a party may lodge with the sheriff clerk a note of any adjustments which he seeks to make;

• (b) a respondent may state any point of law which he wishes to raise in the appeal; and

• (c) the note of adjustment and, where appropriate, point of law must be intimated to every other party.

• (6) The sheriff may, on the motion of a party or of his own accord, and must where he proposes to reject any proposed adjustment, allow a hearing on adjustments and may provide for such further procedure under this rule prior to the hearing of the appeal as he thinks fit.

• (7) The sheriff must, within 14 days after–

• (a) the latest date on which a note of adjustments has been or may be lodged; or

• (b) where there has been a hearing on adjustments, that hearing,

and after considering such note and any representations made to him at the hearing, state and sign the case.

• (8) If the sheriff is temporarily absent from duty for any reason, the sheriff principal may extend any period specified in paragraphs (3) or (7) for such period or periods as he considers reasonable.

• (9) The stated case signed by the sheriff must include questions of law, framed by him, arising from the points of law stated by the parties and such other questions of law as he may consider appropriate.

• (10) After the sheriff has signed the stated case, the sheriff clerk must–

• (a) place before the sheriff principal all documents and productions in the case together with the stated case; and

• (b) send to the parties a copy of the stated case together with a written note of the date, time and place of the hearing of the appeal.

Effect of and abandonment of appeal

25.2

• (1) When a note of appeal has been lodged, it may be insisted on by all other parties in the action although they may not have lodged separate appeals.

• (2) After a note of appeal has been lodged, the appellant shall not be at liberty to withdraw it, except–

• (a) with the consent of the other parties which may be incorporated in a joint minute; or

• (b) by leave of the sheriff principal and on such terms as to expenses or otherwise as to him seem proper.

Hearing of appeal

25.3

• (1) The sheriff principal shall hear the parties or their solicitors orally on all matters connected with the appeal including liability for expenses, but if any party moves that the question of liability for expenses be heard after the sheriff principal has given his decision the sheriff principal may grant that motion.

• (2) In the hearing of an appeal, a party shall not be allowed to raise questions of law of which notice has not been given except on cause shown and subject to such conditions as to expenses or otherwise as the sheriff principal may consider appropriate.

• (3) The sheriff principal may permit a party to amend any question of law or to add any new question in accordance with paragraph (2).

• (4) The sheriff principal may–

• (a) adhere to or vary the decree appealed against;

• (b) recall the decree appealed against and substitute another therefor; or

• (c) remit, if he considers it desirable, to the sheriff, for any reason other than to have further evidence led.

• (5) At the conclusion of the hearing, the sheriff principal may either pronounce his decision or reserve judgment in which latter case he must within 28 days thereof give his decision in writing and the sheriff clerk must forthwith intimate it to the parties.

Appeal in relation to a time to pay direction

25.4

• (1) This rule applies to appeals to the sheriff principal or to the Court of Session which relate solely to any application in connection with a time to pay direction.

• (2) Rules 25.1, 25.2, 25.3(2) and (3) and 25.7 shall not apply to appeals under this rule.

• (3) An application for leave to appeal against a decision in an application for a time to pay direction or any order connected therewith must–

• (a) be made in Form 32 within seven days of that decision, to the sheriff who made the decision; and

• (b) must specify the question of law upon which the appeal is to proceed.

• (4) If leave to appeal is granted, the appeal must be lodged in Form 33 and intimated by the appellant to every other party within 14 days of the order granting leave and the sheriff must state in writing his reasons for his original decision.

• (5) An appeal under this rule to the sheriff principal shall proceed in accordance with paragraphs (1), (4) and (5) of rule 25.3.

Sheriff to regulate interim possession

25.5

• (1) Notwithstanding an appeal, the sheriff shall have power–

• (a) to regulate all matters relating to interim possession;

• (b) to make any order for the preservation of any property to which the action relates or for its sale, if perishable;

• (c) to make any order for the preservation of evidence; or

• (d) to make in his discretion any interim order which a due regard for the interests of the parties may require.

• (2) An order under paragraph (1) shall not be subject to review except by the appellate court at the hearing of the appeal.

Provisions for appeal in actions for recovery of heritable property to which rule 30.2 applies

25.6

In an action to which rule 30.2 applies–

• (a) it shall not be competent to shorten or dispense with the period for appeal specified in rule 25.1;

• (b) it shall be competent to appeal within that period for appeal irrespective of the early issue of an extract decree; and

• (c) the lodging of a note of appeal shall not operate so as to suspend diligence unless the sheriff directs otherwise.

Appeal to the Court of Session

25.7

• (1) A certificate that an action is suitable for appeal to the Court of Session may be applied for by completing and lodging an application in Form 34 with the sheriff clerk.

• (2) An application made in accordance with paragraph (1) must be lodged within 14 days of the date of the final decree.

• (3) The sheriff clerk must put the application before the sheriff principal who, after hearing the parties or their solicitors, shall grant or refuse the certificate.

CHAPTER 26 — Management of damages payable to persons under legal disability

Orders for payment and management of money

26.1

• (1) In an action of damages in which a sum of money becomes payable, by virtue of a decree or an extra-judicial settlement, to or for the benefit of a person under legal disability (other than a person under the age of 18 years), the sheriff shall make such order regarding the payment and management of that sum for the benefit of that person as he thinks fit.

• (2) Any order required under paragraph (1) shall be made on the granting of decree for payment or of absolvitor.

Methods of management

26.2

In making an order under rule 26.1(1), the sheriff may–

• (a) order the money to be paid to–

• (i) the Accountant of Court; or

• (ii) the guardian of the person under legal disability,

as trustee, to be applied, invested or otherwise dealt with and administered under the directions of the sheriff for the benefit of the person under legal disability;

• (b) order the money to be paid to the sheriff clerk of the sheriff court district in which the person under legal disability resides, to be applied, invested or otherwise dealt with and administered, under the directions of the sheriff of that district, for the benefit of the person under legal disability; or

• (c) order the money to be paid directly to the person under legal disability.

Subsequent orders

26.3

• (1) If the sheriff has made an order under rule 26.1(1), any person having an interest may apply for an order under rule 26.2, or any other order for the payment or management of the money, by incidental application.

• (2) An application for directions under rule 26.2(a) or (b) may be made by any person having an interest by incidental application.

Management of money paid to sheriff clerk

26.4

• (1) A receipt in Form 35 by the sheriff clerk shall be a sufficient discharge in respect of the amount paid to him under rules 26.1 to 26.3.

• (2) The sheriff clerk shall, at the request of any competent court, accept custody of any sum of money in an action of damages ordered to be paid to, applied, invested or otherwise dealt with by him, for the benefit of a person under legal disability.

• (3) Any money paid to the sheriff clerk under rules 26.1 to 26.3 must be paid out, applied, invested or otherwise dealt with by the sheriff clerk only after such intimation, service and enquiry as the sheriff may order.

• (4) Any sum of money invested by the sheriff clerk under rules 26.1 to 26.3 must be invested in a manner in which trustees are authorised to invest by virtue of the Trustee Investments Act 1961[^f00026].

Management of money payable to children

26.5

If the sheriff has made an order under section 13 of the Children (Scotland) Act 1995[^f00027], an application by a person for an order by virtue of section 11(1)(d) of that Act[^f00028] must be made in writing.

CHAPTER 27 — Action of multiplepoinding

Application of Chapter

27.1

This Chapter applies to an action of multiplepoinding.

Application of other rules

27.2

• (1) Rule 8.1 shall not apply to an action of multiplepoinding.

• (2) Rules 8.2 to 8.17 shall only apply to an action of multiplepoinding in accordance with rule 27.7.

Pursuer in multiplepoinding

27.3

An action of multiplepoinding may be raised by any party holding or having an interest in or claim on the fund or subject in medio.

Parties

27.4

The pursuer must call as defenders–

• (a) all persons so far as known to him as having an interest in the fund or subject in medio; and

• (b) where he is not the holder of the fund or subject, the holder of that fund or subject.

Statement of fund or subject in medio

27.5

• (1) Where the pursuer is the holder of the fund or subject in medio he shall include a statement of the fund or subject in his statement of claim.

• (2) Where the pursuer is not the holder of the fund or subject in medio, the holder shall, before the return day–

• (a) lodge with the sheriff clerk a statement in Form 5a providing–

• (i) a statement of the fund or subject;

• (ii) a statement of any claim or lien which he may profess to have on the fund or subject; and

• (iii) a list of all persons known to him as having an interest in the fund the subject; and

• (b) intimate the statement in Form 5a to the pursuer, the defenders and all persons listed in the statement as having an interest in the fund or subject.

Response to summons

27.6

• (1) If a defender intends to–

• (a) challenge the jurisdiction of the court or the competency of the action;

• (b) object to the extent of the fund or subject in medio; or

• (c) make a claim on the fund,

he must complete and lodge with the sheriff clerk on or before the return day the form of response contained in the defender’s copy summons as appropriate, including a statement of his response which gives fair notice to the pursuer.

• (2) The sheriff clerk must upon receipt intimate to the pursuer a copy of any response lodged under paragraph (1).

Procedure where response lodged

27.7

Where in a form of response a defender states a defence in accordance with rule 27.6(1)(a)–

• (a) the provisions of rules 8.2 to 8.17 shall, with the necessary modifications, apply to the resolution of the issues raised under that sub-paragraph; and

• (b) rules 27.8 to 27.10 shall apply only once those issues have been so dealt with.

Objections to fund or subject in medio

27.8

• (1) If objections to the fund or subject in medio have been lodged, the sheriff must, after disposal of any defence–

• (a) fix a hearing; and

• (b) state the order in which the claimants shall be heard at the hearing.

• (2) If no objections to the fund or subject in medio have been lodged, or if objections have been lodged and disposed of, the sheriff may approve the fund or subject and if appropriate find the holder liable only in one single payment.

Claims hearing

27.9

• (1) This rule applies where–

• (a) no defence or objection to the extent of the fund or subject in medio has been stated;

• (b) any defence stated has been repelled; or

• (c) any such objection stated has been dealt with.

• (2) The sheriff must–

• (a) order claims in Form 5b to be lodged within 14 days; and

• (b) must fix a claims hearing at which all parties may appear or be represented.

• (3) The sheriff clerk must intimate to the parties, the order for claims and the date and time of any claims hearing fixed in terms of paragraph (2).

Procedure at claims hearing

27.10

• (1) If there is no competition between the claimants who appear at the claims hearing, the sheriff may order the holder of the fund or subject in medio, or the sheriff clerk if it is consigned with him in terms of rule 27.12, to make it over to the claimants in terms of their claims or otherwise and subject to such provisions as to expenses as he directs.

• (2) If the sheriff is unable at the claims hearing to resolve competing claims, he shall pronounce an order–

• (a) fixing a date, time and place for a further hearing; and

• (b) regulating the nature and scope of the hearing and the procedure to be followed.

• (3) The sheriff may require that evidence be led at the further claims hearing fixed under paragraph (2).

• (4) The sheriff clerk must intimate to all claimants the date, time and place of any hearing fixed under paragraph (2).

• (5) At the conclusion of the claims hearing or the further claims hearing fixed under paragraph (2), the sheriff may either pronounce his decision or reserve judgement in which case he must give his decision in writing within 28 days and the sheriff clerk must forthwith intimate it to the parties.

• (6) In giving his decision under paragraph (5) the sheriff–

• (a) must dispose of the action;

• (b) may order the holder of the fund or subject in medio, or the sheriff clerk if it is consigned with him in terms of rule 27.12, to make it over to such claimants and in such quantity or amount as he may determine; and

• (c) must deal with all questions of expenses.

Advertisement

27.11

If it appears to the sheriff at any stage in the multiplepoinding that there may be other potential claimants who are not parties to the action, he may order such advertisement or intimation of the order for claims as he thinks proper.

Consignation and discharge of holder

27.12

• (1) At any stage in an action of multiplepoinding the sheriff may order that–

• (a) the fund or subject in medio be consigned in the hands of the sheriff clerk; or

• (b) any subject in medio be sold and the proceeds of sale consigned in the hands of the sheriff clerk.

• (2) After such consignation the holder of the fund or subject may apply for his exoneration and discharge.

• (3) The sheriff may allow the holder of the fund or subject, on his exoneration and discharge, his expenses out of the fund as a first charge on the fund.

CHAPTER 28 — Action of furthcoming

Expenses included in claim

28.1

The expenses of bringing an action for furthcoming, including the expenses of the arrestment, shall be deemed to be part of the arrestor’s claim which may be paid out of the arrested fund or subject.

CHAPTER 29 — Action of count, reckoning and payment

Response to summons

29.1

If a defender wishes to admit liability to account in an action for count, reckoning and payment, this must be stated on the form of response.

Accounting hearing

29.2

• (1) This rule applies where in an action of count, reckoning and payment–

• (a) no form of response has been lodged;

• (b) the defender has indicated on the form of response that he admits liability to account; or

• (c) any defence stated has been repelled.

• (2) Where paragraph 1(a) or (b) applies, the pursuer must lodge with the sheriff clerk a minute in Form 17 before close of business on the second day before the calling date.

• (3) If the pursuer does not lodge a minute in accordance with paragraph (2), the sheriff must dismiss the action.

• (4) Where the pursuer has lodged a minute in accordance with paragraph (2), or any defence stated has been repelled, the sheriff shall pronounce an order–

• (a) for the lodging of accounts within 14 days and objections within such further period as the sheriff may direct;

• (b) fixing a date, time and place for an accounting hearing; and

• (c) regulating the nature and scope of the accounting hearing and the procedure to be followed.

• (5) The sheriff may require that evidence be led at an accounting hearing fixed under paragraph (4) to prove the accounts and in support of any objection taken.

• (6) The sheriff clerk must intimate to all claimants the date, time and place of any hearing fixed under paragraph (4).

CHAPTER 30 — Recovery of possession of heritable property

Action raised under section 38 of the 1907 Act

30.1

An action for the recovery of possession of heritable property made in terms of section 38 of the 1907 Act[^f00029] may be raised by–

• (a) a proprietor;

• (b) his factor; or

• (c) any other person authorised by law to pursue a process of removing.

Action against persons in possession of heritable property without right or title

30.2

• (1) Subject to paragraph (2), this rule applies only to an action for recovery of possession of heritable property against a person or persons in possession of heritable property without right or title to possess the property.

• (2) This rule shall not apply with respect to a person who has or had a title or other right to occupy the heritable property and who has been in continuous occupation since that title or right is alleged to have come to an end.

• (3) Where the name of a person in occupation of a heritable property is not known and cannot reasonably be ascertained, the pursuer shall call that person as a defender by naming him as an “occupier”.

• (4) Where the name of a person in occupation of the heritable property is not known and cannot reasonably be ascertained, the summons shall be served (whether or not it is also served on a named person), unless the sheriff otherwise directs, by an officer of the court–

• (a) affixing a copy of the summons and a citation in Form 11 addressed to “the occupiers” to the main door or other conspicuous part of the premises, and if practicable, depositing a copy of each of those documents in the premises; or

• (b) in the case of land only, inserting stakes in the ground at conspicuous parts of the occupied land to each of which is attached a sealed transparent envelope containing a copy of the summons and a citation in Form 11 addressed to “the occupiers”.

• (5) In an action to which this rule applies, the sheriff may in his discretion, and subject to rule 25.6, shorten or dispense with any period of time provided anywhere in these rules.

• (6) An application by a party under this rule to shorten or dispense with any period may be made orally and the provisions in rule 9.1 shall not apply, but the sheriff clerk must enter details of any such application in the Register of Summary Causes.

Effect of decree

30.3

When decree for the recovery of possession is granted, it shall have the same force and effect as–

• (a) a decree of removing;

• (b) a decree of ejection;

• (c) a summary warrant of ejection;

• (d) a warrant for summary ejection in common form; or

• (e) a decree pronounced in a summary application for removing,

in terms of sections 36, 37 and 38 respectively of the 1907 Act.

Preservation of defender’s goods and effects

30.4

When decree is pronounced and the defender is neither present nor represented, the sheriff may give such directions as he deems proper for the preservation of the defender’s goods and effects.

Action of removing where fixed term of removal

30.5

• (1) Subject to section 21 of the Agricultural Holdings (Scotland) Act 1991[^f00030]–

• (a) if the tenant has bound himself to remove by writing, dated and signed–

• (i) within 12 months after the term of removal; or

• (ii) where there is more than one ish, after the ish first in date to remove,

an action of removing may be raised at any time; and

• (b) if the tenant has not bound himself, an action of removing may be raised at any time, but–

• (i) in the case of a lease of lands exceeding two acres in extent for three years and upwards, an interval of not less than one year nor more than two years must elapse between the date of notice of removal and the term of removal first in date;

• (ii) in the case of a lease of lands exceeding two acres in extent, whether written or oral, held from year to year or under tacit relocation, or for any other period less than three years, an interval of not less than six months must elapse between the date of notice of removal and the term of removal first in date; and

• (iii) in the case of a house let with or without land attached not exceeding two acres in extent, as also of land not exceeding two acres in extent without houses, as also of mills, fishings, shootings, and all other heritable subjects excepting land exceeding two acres in extent and let for a year or more, 40 days at least must elapse between the date of notice of removal and the term of removal first in date.

• (2) In any defended action of removing, the sheriff may order the defender to find caution for violent profits.

Form of notices and letter

30.6

• (1) A notice under section 34, 35 or 36 of the 1907 Act[^f00031] must be in Form 3a.

• (2) A notice under section 37 of the 1907 Act must be in Form 3b.

• (3) A letter of removal must be in Form 3c.

Giving notice of removal

30.7

• (1) A notice under section 34, 35, 36, 37 or 38 of the 1907 Act may be given by–

• (a) a sheriff officer;

• (b) the person entitled to give such notice; or

• (c) the solicitor or factor of such person,

posting the notice by registered post or the first class recorded delivery service at any post office within the United Kingdom in time for it to be delivered at the address on the notice before the last date on which by law such notice must be given, addressed to the person entitled to receive such notice, and bearing the address of that person at the time, if known, or, if not known, to the last known address of that person.

• (2) A sheriff officer may also give notice under any section of the 1907 Act mentioned in paragraph (1) in any manner in which he may serve an initial writ; and, accordingly, rule 5.4 shall, with the necessary modifications, apply to the giving of notice under this paragraph as it applies to service of a summons.

Evidence of notice to remove

30.8

• (1) It shall be sufficient evidence that notice has been given if–

• (a) a certificate of the sending of notice under rule 30.7 dated and endorsed on the lease or an extract of it, or on the letter of removal, is signed by the sheriff officer or the person sending the notice, his solicitor or factor; or

• (b) an acknowledgement of the notice is endorsed on the lease or an extract of it, or on the letter of removal, by the party in possession or his agent.

• (2) If there is no lease, a certificate of the sending of such notice must be endorsed on a copy of the notice or letter of removal.

CHAPTER 31 — Action of sequestration for rent

General

31.1

An action of sequestration for rent or in security of rent may be brought as a summary cause whether it be brought before or after the term of payment.

Appraisal inventory and execution of citation

31.2

• (1) The sheriff officer when he executes the warrant for sequestration shall have the effects appraised by one person who may also be a witness to the sequestration.

• (2) A notice in accordance with Form 4a and an inventory or list of sequestrated effects with the appraisal in accordance with Part 1 of Form 4b shall be given to or left for the tenant who shall be cited thereafter in accordance with Chapter 5.

• (3) After executing the sequestration the sheriff officer shall–

• (a) prepare and sign the certificate of execution of sequestration contained in Part 2 of Form 4b; and

• (b) return Form 4b (including the inventory and appraisal in Part 1) to the sheriff clerk within seven days of execution of the sequestration.

Procedure

31.3

• (1) After hearing the cause the sheriff shall dispose of it as he thinks fit and may either recall the sequestration in whole or in part, or grant decree for the rent found due and grant warrant for the sale of the sequestrated effects.

• (2) Where warrant for sale of the sequestrated effects has been granted the sale shall be carried out by an officer of court or by such other person as the sheriff may direct by public roup at such place as the sheriff may direct and after–

• (a) advertisement in a newspaper circulating in the district; and

• (b) display, until the sale has been concluded, of a copy of the warrant on the walls of the court which granted it.

• (3) Any proceeds of the sale surplus to the sum decerned for, the expenses awarded and the expenses of the sale, shall be returned to the owner, or if he cannot be found, consigned in the hands of the sheriff clerk.

• (4) If the effects are not sold, they shall be delivered to the creditor at the appraised value to the amount of the sum decerned for and expenses, and the expenses of the sequestration and sale.

Sale to be reported within 14 days

31.4

A report of the proceedings in the sequestration and sale of proceeds, or of delivery of the effects, shall be made by the officer to the sheriff clerk within 14 days of the date of sale or delivery.

Recall of sequestration

31.5

If the tenant–

• (a) pays to the landlord the rent due, with the expenses of raising the summons and sequestrating; or

• (b) consigns the rent due, with a sum determined by the sheriff clerk to cover expenses, in the hands of the sheriff clerk,

the sheriff clerk shall recall the sequestration by appropriately endorsing the summons or the defender’s copy thereof.

Warrant to eject and re-let where premises displenished

31.6

• (1) If the officer who has executed a warrant for sale, or who was instructed to execute such a warrant, reports to the court that the premises are displenished the landlord may apply to the court to obtain a warrant to cite the defender to a fixed diet at which the sheriff may make such order as appropriate.

• (2) Where a warrant to re-let is granted the rent accruing thereafter shall only be exigible for such period as the tenant continues to occupy the premises.

Warrant to sequestrate, etc.

31.7

All warrants to sequestrate, inventory, sell, eject or re-let shall be deemed to include authority, if need be, to open shut and lockfast places for the purpose of carrying such warrants into execution.

CHAPTER 32 — Action for aliment

Recall or variation of decree for aliment

32.1

• (1) Applications for the recall or variation of any decree for payment of aliment pronounced in the small debt court under the Small Debt Acts or in a summary cause under the 1971 Act must be made by summons.

• (2) The sheriff may make such interim orders in relation to such applications or in relation to actions brought under section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963[^f00032] as he thinks fit.

• (3) In paragraph (1) “the Small Debt Acts” means and includes the Small Debt (Scotland) Acts 1837 to 1889 and Acts explaining or amending the same.

Warrant and forms for intimation

32.2

In the summons in an action brought under section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963, the pursuer must include an application for a warrant for intimation–

• (a) in an action where the address of the defender is not known to the pursuer and cannot reasonably be ascertained, to–

• (i) every child of the marriage between the parties who has reached the age of 16 years; and

• (ii) one of the next-of-kin of the defender who has reached that age,

unless the address of such a person is not known to the pursuer and cannot reasonably be ascertained, and a notice of intimation in Form 36 must be attached to the copy of the summons intimated to any such person; or

• (b) in an action where the defender is a person who is suffering from a mental disorder, to–

• (i) those persons mentioned in paragraphs (a)(i) and (ii), unless the address of such person is not known to the pursuer and cannot reasonably be ascertained; and

• (ii) the guardian of, the defender, if one has been appointed,

and a notice in Form 37 must be attached to the copy of the summons intimated to any such person.

CHAPTER 33 — Child Support Act 1991

Interpretation of rules 33.2 to 33.4

33.1

In rules 33.2 to 33.4 below–

• “the 1991 Act” means the Child Support Act 1991[^f00033];

• “child” has the meaning assigned in section 55 of the 1991 Act;

• “claim relating to aliment” means a crave for decree of aliment in relation to a child or for recall or variation of such a decree; and

• “maintenance calculation” has the meaning assigned in section 54 of the 1991 Act[^f00034].

Statement of claim

33.2

• (1) Any summons or counterclaim which contains a claim relating to aliment and to which section 8(6), (7), (8) or (10) of the 1991 Act applies must–

• (a) state, where appropriate–

• (i) that a maintenance calculation under section 11 of the 1991 Act (maintenance calculations)[^f00035] is in force;

• (ii) the date of the maintenance calculation;

• (iii) the amount and frequency of periodical payments of child support maintenance fixed by the maintenance calculation; and

• (iv) the grounds on which the sheriff retains jurisdiction under section 8(6), (7), (8) or (10) of the 1991 Act; and

• (b) unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the party intimating the making of the maintenance calculation referred to in sub-paragraph (a).

• (2) Any summons or counterclaim which contains a claim relating to aliment and to which section 8(6), (7), (8) or (10) of the 1991 Act does not apply must include a statement–

• (a) that the habitual residence of the absent parent, person with care or qualifying child, within the meaning of section 3 of the 1991 Act[^f00036], is outwith the United Kingdom; or

• (b) that the child is not a child within the meaning of section 55 of the 1991 Act.

• (3) A summons or counterclaim which involves parties in respect of whom a decision has been made in any application, review or appeal under the 1991 Act must–

• (a) include in the statement of claim statements to the effect that such a decision has been made and give details of that decision; and

• (b) unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the parties intimating that decision.

Effect of maintenance calculations

33.3

• (1) On receiving notification that a maintenance calculation has been made, cancelled or has ceased to have effect so as to affect an order of a kind prescribed for the purposes of section 10 of the 1991 Act, the sheriff clerk must enter in the Register of Summary Causes in respect of that order a note to that effect.

• (2) The note mentioned in paragraph (1) must state that–

• (a) the order ceases or ceased to have effect from the date two days after the making of the maintenance calculation; or

• (b) the maintenance calculation has been cancelled or has ceased to have effect.

Effect of maintenance calculations on extracts of decrees relating to aliment

33.4

• (1) Where a decree relating to aliment is affected by a maintenance calculation, any extract of that decree issued by the sheriff clerk must be endorsed with the following certificate:–

• A maintenance calculation having been made under the Child Support Act 1991 on (insert date), this order, in so far as it relates to the making or securing of periodical payments to or for the benefit of (insert name(s) of child/children), ceases to have effect from (insert date two days after the date on which the maintenance calculation was made).

• (2) Where a decree relating to aliment has ceased to have effect on the making of a maintenance calculation and that maintenance calculation is later cancelled or ceases to have effect, any extract of that order issued by the sheriff clerk must be endorsed also with the following certificate:–

• The jurisdiction of the child support officer under the Child Support Act 1991 having terminated on (insert date), this order, in so far as it relates to (insert name(s) of child/children), again shall have effect as of (insert date of termination of child support officer’s jurisdiction).

CHAPTER 34 — Action of damages for personal injury

Application of Chapter and disapplication of certain rules

34.1

• (1) This Chapter applies to an action of damages for personal injuries or the death of a person from personal injuries.

• (2) In this Chapter “personal injuries” includes any disease or impairment of physical or mental condition.

• (3) The following rules shall not apply to an action of damages for personal injuries or death:–

• Rule 4.2, other than the requirement to give fair notice of the claim; and

• Rule 8.1.

• (4) Rules 8.2 to 8.17 shall only apply to an action of damages for personal injuries or death in accordance with rule 34.3(2).

Form of summons

34.2

• (1) The statement of claim in the summons shall be in Form 10 and shall include–

• (a) a concise statement of the grounds of action, and the facts relied upon to establish the claim;

• (b) the date of birth and where applicable National Insurance number of the pursuer; and

• (c) the names of every medical practitioner from whom, and every hospital, or other institution in which, the pursuer, or in an action in respect of the death of a person, the deceased, received treatment for injuries sustained or for disease suffered by him.

• (2) There shall be lodged along with the summons–

• (a) all medical reports then available to the pursuer on which he intends, or intends to reserve the right, to rely in the action or a statement that there are no such medical reports; and

• (b) a statement of valuation of claim (which shall include a list of supporting documents) in Form 10c.

• (3) An application for an order under section 12(2)(a) of the Administration of Justice Act 1982[^f00037] (provisional damages for personal injuries) shall be made by including in the summons a claim for provisional damages in Form 10a, and where such application is made, a concise statement as to the matters referred to in paragraphs (a) and (b) of section 12(1) of that Act shall be included in the statement of claim.

• (4) In paragraph (3) above “provisional damages” means the damages referred to in section 12(4)(a) of the Administration of Justice Act 1982.

• (5) A summons may include–

• (a) an application for warrants for intimation in so far as permitted under these Rules; and

• (b) a specification of documents containing such of the calls in Form 10e as the pursuer considers appropriate.

• (6) Where a summons includes a specification of documents in accordance with paragraph (5)(b), it must, where necessary, be intimated to the Advocate General for Scotland or the Lord Advocate (and if there is any doubt, both) when lodged.

• (7) A copy of Form 10b and a copy of the statement of valuation of claim lodged by the pursuer in Form 10c shall accompany the defender’s copy summons when it is served on the defender.

Response to summons

34.3

• (1) A defender wishing to defend the action shall complete and lodge with the sheriff clerk on or before the return day the form of response in Form 10b stating, in a manner which gives the pursuer fair notice, the grounds of fact and law on which the defender intends to resist the claim together with a brief statement of the facts upon which the defender relies in his defence.

• (2) Where a defender lodges a form of response in accordance with paragraph (1), the provisions of rules 8.2 to 8.17 shall apply with the necessary modifications.

Inspection and recovery of documents

34.4

• (1) This rule applies where the summons includes a specification of documents in accordance with rule 34.2(5)(b).

• (2) Subject to paragraph (5), where a response in Form 10b is lodged stating a defence to the action, the sheriff clerk shall make an order granting commission and diligence for the production and recovery of the documents mentioned in the specification.

• (3) An order under paragraph (2) shall be treated for all purposes as an interlocutor of the court granting commission and diligence signed by the sheriff.

• (4) Nothing in this rule shall affect the right of a party to apply under rule 18.1 for a commission and diligence for recovery of documents or under rule 18.3 for an order under section 1 of the Administration of Justice (Scotland) Act 1972 in respect of any document or other property not mentioned in the specification included in the summons.

• (5) Where the defender, or where appropriate, the Advocate General for Scotland or the Lord Advocate, objects to the specification of documents, he shall make such objection by incidental application.

• (6) An incidental application under paragraph (5) shall be–

• (a) lodged on or before the return day; and

• (b) determined at the hearing held in terms of rule 8.2(1).

Statement of valuation of claim

34.5

• (1) Each party to an action who is not required elsewhere in these rules to do so shall make a statement of valuation of claim (which shall include a list of supporting documents) in Form 10c in accordance with the following paragraphs of this rule.

• (2) A statement of valuation of claim made in terms of paragraph (1) shall be lodged with the sheriff clerk.

• (3) Each party on lodging a statement of valuation of claim in terms of paragraph (2), shall give written intimation to every other party of the statement and the list of documents contained in the statement of valuation of claim.

• (4) A party who fails to lodge a statement of valuation of claim not later than 28 days before the date fixed for proof shall be liable to any other party for the expenses of proving the quantification of the claim, unless the sheriff, on special cause shown, otherwise directs.

Intimation to connected persons

34.6

• (1) This rule applies to an action of damages in which, following the death of any person from personal injuries, damages are claimed–

• (a) by the executor of the deceased, in respect of the injuries from which the deceased died; or

• (b) by any relative of the deceased, in respect of the death of the deceased.

• (2) In this rule–

• “connected person” means a person, not being a party to the action, who has title to sue the defender in respect of the personal injuries from which the deceased died or in respect of his death; and

• “relative” has the meaning assigned to it in Schedule 1 to the Damages (Scotland) Act 1976[^f00038].

• (3) The pursuer shall state in the summons, as the case may be–

• (a) that there are no connected persons;

• (b) that there are connected persons, being the persons specified in the application for warrant for intimation; or

• (c) that there are connected persons in respect of whom intimation should be dispensed with on the ground that–

• (i) the names or whereabouts of such persons are not known to, and cannot reasonably be ascertained by, the pursuer; or

• (ii) such persons are unlikely to be awarded more than £200 each.

• (4) Where the pursuer makes statements under rule 34.6(3)(b) he shall include an application for warrant in the summons for intimation to any such person.

• (5) A notice of intimation in Form 10d shall be attached to the copy of the summons, and a copy of Form 10c shall accompany the summons, where intimation is given on a warrant under paragraph (4).

• (6) Where the pursuer makes statements under rule 34.6(3)(c), he shall apply in the summons for an order to dispense with intimation.

• (7) In determining an application under paragraph (6), the sheriff shall have regard to–

• (a) the desirability of avoiding a multiplicity of actions; and

• (b) the expense, inconvenience or difficulty likely to be involved in taking steps to ascertain the name or whereabouts of the connected person.

• (8) Where the sheriff is not satisfied that intimation to a connected person should be dispensed with, he may–

• (a) order intimation to a connected person whose name and whereabouts are known;

• (b) order the pursuer to take such further steps as he may specify in the interlocutor to ascertain the name or whereabouts of any connected person; and

• (c) order advertisement in such manner, place and at such times as he may specify in the interlocutor.

• (9) Where the name or whereabouts of a person, in respect of whom the sheriff has dispensed with intimation on a ground specified in rule 34.6(3)(c), subsequently becomes known to the pursuer, the pursuer shall apply to the sheriff by incidental application for a warrant for intimation to such a person; and such intimation shall be made in accordance with rule 34.6(5).

• (10) A connected person may apply by incidental application to be sisted as an additional pursuer to the action.

• (11) Such an incidental application shall also seek leave of the sheriff to adopt the existing grounds of action, and to amend the claim.

• (12) The period within which answers to an incidental application under paragraph (10) may be lodged shall be 14 days from the date of intimation of the incidental application.

• (13) There shall be lodged along with the incidental application a statement of valuation of claim (which shall include a list of supporting documents) in Form 10c.

• (14) The statement of valuation of claim lodged in accordance with paragraph (13) shall be intimated to the other parties at the same time as the incidental application.

• (15) Where a connected person to whom intimation is made–

• (a) does not apply to be sisted as an additional pursuer to the action;

• (b) subsequently raises a separate action against the same defender in respect of the same personal injuries or death; and

• (c) would, apart from this rule, be awarded the expenses or part of the expenses of that action,

he shall not be awarded those expenses except on cause shown.

Application for further damages

34.7

• (1) An application for further damages by a pursuer in respect of whom an order under section 12(2)(b) of the Administration of Justice Act 1982 has been made shall be made by lodging a minute with the sheriff clerk in Form 10f, which minute shall include–

• (a) a claim for further damages;

• (b) a concise statement of the facts supporting that claim;

• (c) an application for warrant to serve the minute on–

• (i) every other party; and

• (ii) where such other parties are insured or otherwise indemnified, their insurer or indemnifier, if known to the pursuer; and

• (d) a request for the court to fix a hearing on the application.

• (2) A notice of intimation in Form 10g shall be attached to every copy of the minute served on a warrant granted under paragraph (1)(c).

• (3) At the hearing fixed under paragraph (1)(d) above, the sheriff may determine the application or order such further procedure as he thinks fit.

CHAPTER 35 — Electronic transmission of documents

Extent of provision

35.1

• (1) Any document referred to in these rules which requires to be–

• (a) lodged with the sheriff clerk;

• (b) intimated to a party; or

• (c) sent by the sheriff clerk,

may be in electronic or documentary form, and if in electronic form may be lodged, intimated or sent by e-mail or similar means.

• (2) Paragraph (1) does not apply to any certificate of execution of service, citation or arrestment, or to a decree or extract decree of the court.

• (3) Where any document is lodged by e-mail or similar means the sheriff may require any principal document to be lodged.

Time of lodgement

35.2

The time of lodgement, intimation or sending shall be the time when the document was sent or transmitted.

SCHEDULE 2 — REVOCATIONS

(1)	(2)	(3)
Act of Sederunt	Reference	Extent of revocation
Act of Sederunt (Summary Cause Rules, Sheriff Court) 1976	S.I. 1976/476	The whole Act of Sederunt
Act of Sederunt (Summary Cause Rules, Sheriff Court) (Amendment) 1978	S.I. 1978/112	The whole Act of Sederunt
Act of Sederunt (Summary Cause Rules, Sheriff Court) (Amendment No. 2) 1978	S.I. 1978/1805	The whole Act of Sederunt
Act of Sederunt (Summary Cause Rules, Sheriff Court) (Amendment) 1980	S.I. 1980/455	The whole Act of Sederunt
Act of Sederunt (Ordinary Cause Rules, Sheriff Court) 1983	S.I. 1983/747	Paragraph 4
Act of Sederunt (Civil Jurisdiction of the Sheriff Court) 1986	S.I. 1986/1946	Paragraph 3
Act of Sederunt (Miscellaneous Amendments) 1986	S.I. 1986/1966	Paragraph 3
Act of Sederunt (Small Claim Rules) 1988	S.I. 1988/1976	Paragraph 3
Act of Sederunt (Amendment of Sheriff Court Ordinary Cause, and Summary Cause, Rules) 1988	S.I. 1988/1978	Paragraphs 19 to 35 and Schedule 2
Act of Sederunt (Amendment of Ordinary Cause and Summary Cause Rules) (Written Statements) 1989	S.I. 1989/436	Paragraph 3
Act of Sederunt (Amendment of Sheriff Court Ordinary Cause, Summary Cause and Small Claim, Rules) 1990	S.I. 1990/661	Paragraph 3
Act of Sederunt (Amendment of Sheriff Court Ordinary Cause, Summary Cause and Small Claim, Rules) (No. 2) 1990	S.I. 1990/2105	Paragraph 3
Act of Sederunt (Amendment of Summary Cause and Small Claim Rules) 1991	S.I. 1991/821	The whole Act of Sederunt
Act of Sederunt (Amendment of Ordinary Cause, Summary Cause and Small Claim Rules) 1992	S.I. 1992/249	Paragraph 3
Act of Sederunt (Child Support Act 1991) (Amendment of Ordinary Cause and Summary Cause Rules) 1993	S.I. 1993/919	Paragraph 4
Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993	S.I. 1993/1956	Paragraph 3

Signed

W DOUGLAS CULLEN — Lord President, I.P.D. — 1st March 2002

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes rules of procedure in the sheriff court for summary cause actions except for those actions which have been prescribed as small claims in the Small Claims (Scotland) Order 1988 under section 35(2) of the Sheriff Courts (Scotland) Act 1971 (as substituted by section 18(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985).

Footnotes

[^f00001]: 1971 c. 58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4), the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2) and the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 13, and was extended by sections 39(2) and 49 of the Child Support Act 1991 (c. 48).

[^f00002]: S.I. 1988/1976 as amended by S.I. 1990/661 and 2105, 1991/821, 1992/249 and 1993/1956.

[^f00003]: 1907 c. 51.

[^f00004]: 1971 c. 58.

[^f00005]: 1975 c. 47.

[^f00006]: 1980 c. 46. Section 32 was amended by the Solicitors (Scotland) Act 1988 (c. 42), Schedule 1, paragraph 7, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 29(6) and S.S.I. 2000/121.

[^f00007]: Section 35(2) was substituted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 18(1).

[^f00008]: Section 35(1) was amended by S.I. 1976/900, 1981/842 and 1988/1993.

[^f00009]: 1987 c. 18.

[^f00010]: 1974 c. 39.

[^f00011]: 1882 c. 77. Section 4 was repealed in part by S.I. 1994/1443.

[^f00012]: Cmnd. 3986 (1969).

[^f00013]: 1982 c. 27. Schedule 1 was substituted by S.I. 1990/2591 and by S.I. 2000/1894. Schedule 3C was inserted by the Civil Jurisdiction and Judgments Act 1991 (c. 12), section 1 and Schedule 1 and amended by S.I. 2000/1824.

[^f00014]: O.J. No. L 160, 30.06.00, p.37.

[^f00015]: Cmnd. 3986 (1969).

[^f00016]: 1982 c. 27; sections 41 and 42 were amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), Schedule 2, paragraphs 16 and 17.

[^f00017]: Section 1 was amended by S.I. 1990/2591, the Civil Jurisdiction and Judgments Act 1991 (c. 12), section 2 and S.I. 2000/1824.

[^f00018]: 1972 c. 59. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 19.

[^f00019]: 1985 c. 73.

[^f00020]: 1988 c. 32.

[^f00021]: 1972 c. 59. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 19.

[^f00022]: Schedule 2 was substituted by S.I. 1990/2591 and 2000/1824.

[^f00023]: 1972 c. 68.

[^f00024]: 1893 c. 44.

[^f00025]: 1987 c. 18.

[^f00026]: 1961 c. 62.

[^f00027]: 1995 c. 36.

[^f00028]: Section 11 was amended by S.I. 1996/2203 and S.S.I. 2001/36.

[^f00029]: Section 38 was repealed in part by the Children (Scotland) Act 1995 (c. 36), Schedule 5.

[^f00030]: 1991 c. 55.

[^f00031]: Section 35 was repealed in part by the Requirements of Writing (Scotland) Act 1995 (c. 7), Schedule 5.

[^f00032]: 1963 c. 22. Section 3 was substituted by the Family Law (Scotland) Act 1985 (c. 37), section 23.

[^f00033]: 1991 c. 48.

[^f00034]: Section 54 was relevantly amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 1(2).

[^f00035]: Section 11 was substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 1(1).

[^f00036]: Section 3 was amended by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 52(2) and S.I. 2001/155.

[^f00037]: 1982 c. 53.

[^f00038]: 1976 c. 13.