Act of Sederunt (Chancery Procedure Rules) 2006

Made: 26th May 2006

Coming into force: 2nd June 2006

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 51 of the Titles to Land Consolidation (Scotland) Act 1868[^f00001], section 32 of the Sheriff Courts (Scotland) Act 1971[^f00002]and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Chancery Procedure Rules) 2006 and shall come into force on 2nd June 2006.

• (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Chancery Procedure Rules

2

• (1) The Schedule to this Act of Sederunt shall have effect for the purpose of providing rules for the form and service of applications and petitions presented to the Sheriff of Chancery, and for connected purposes.

• (2) The Act of Sederunt (Chancery Procedure Rules) 1996[^f00003]is revoked.

SCHEDULE — CHANCERY PROCEDURE RULES

Citation

1

These Rules may be cited as the Chancery Procedure Rules.

Application and interpretation

2

• (1) These Rules apply to–

• (a) applications to the Sheriff of Chancery under section 26A or 26B of the 1868 Act; and

• (b) petitions to the Sheriff of Chancery under section 10 of the 1874 Act.

• (2) In these Rules–

• “the 1868 Act” means the Titles to Land Consolidation (Scotland) Act 1868[^f00004];

• “the 1874 Act” means the Conveyancing (Scotland) Act 1874[^f00005]; and

• “sheriff clerk of Chancery” includes the sheriff clerk depute of Chancery.

• (3) Where there is a reference to the use of a form in these Rules, that form in the Appendix to these Rules, or a form substantially to the same effect, shall be used with such variation as circumstances may require.

Form and subscription

3

The application or petition shall be–

• (a) in one or other of Forms 1 to 11, as the case may be; and

• (b) subscribed by the applicant or petitioner or his solicitor, as the case may be.

Publication

4

• (1) Subject to rule 5 (evidence), the application or petition shall not be proceed until the expiry of 21 days from the date of publication.

• (2) Publication of the application or petition shall be by display of a copy of the petition on the walls of court.

• (3) Publication of the application or petition shall be made–

• (a) in the case of an application for declarator under section 26A of the 1868 Act to which paragraph (a)(i) of that section applies (deceased domiciled in Scotland)–

• (i) in the sheriff court of the sheriff court district in which the deceased died domiciled; or

• (ii) where the deceased died domiciled in Scotland but had at the time of death no fixed or known domicile in any sheriff court district, in the sheriff court at Edinburgh;

• (b) in the case of an application for declarator under section 26B of the 1868 Act to which paragraph (c)(i) of that section (trust governed by the law of Scotland) applies, in the sheriff court at Edinburgh; or

• (c) in the case of any other application or petition, in the sheriff court of each sheriff court district in which the lands which are the subject of the application or petition are situated.

• (4) On publication, the sheriff clerk shall send to the sheriff clerk of Chancery a certificate in Form 12.

Evidence

5

• (1) Evidence may be received at any time after an application or petition is accepted for publication.

• (2) Any written statement (including an affidavit) or report, admissible under section 2(1)(b) of the Civil Evidence (Scotland) Act 1988[^f00006], may be recorded in evidence without being spoken to by a witness notwithstanding that it was made before the application or petition was accepted for publication.

Signed

BRIAN GILL — Lord Justice Clerk I.P.D. — 26th May 2006

Explanatory note

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

This Act of Sederunt sets out the rules for applications to the sheriff under sections 26A and 26B of the Titles to Land Consolidation (Scotland) Act 1868 (inserted by the Abolition of Feudal Tenure (Scotland) Act 2000) and petitions under section 10 of the Conveyancing (Scotland) Act 1874. Those provisions apply to rights of succession in respect of deceased persons who died before 10th September 1964.

Footnotes

[^f00001]: 1868 c. 101. Section 51 was amended by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 asp 5, schedule 13, paragraph 1.

[^f00002]: 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), the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 13, and the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43, and the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(2), and was extended by the Child Support Act 1991 (c. 48), sections 39(2) and 49.

[^f00003]: S.I. 1996/2184.

[^f00004]: 1868 c. 101 (31 and 32 Vict.).

[^f00005]: 1874 c. 94 (37 and 38 Vict.).

[^f00006]: 1988 c. 32.