Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007

Type Scottish-Statutory-Instrument
Publication 2007-01-12
Last updated 2007-01-29
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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Made: 12th January 2007

Coming into force in accordance with paragraph 1(1) and (2)

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971[^f00001], 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

Amendment of Ordinary Cause Rules

2

  • “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

(3) A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment. (4) The person referred to in paragraph (3) may do everything for the preparation and conduct of an action as may have been done by an individual conducting his own action.

  • ; or a time order may be applied for under the Consumer Credit Act 1974

(9A.4) An application for– (a) a time to pay direction under section 1(1) of the Debtors (Scotland) Act 1987; (b) the recall or restriction of an arrestment under section 2(3) or 3(1) of that Act; or (c) a time order under section 129 of the Consumer Credit Act 1974, in a cause which is defended, shall be made by motion lodged before the sheriff grants decree.

(c) where necessary– (i) the Advocate General for Scotland (in a case where the document or other property sought is in the possession of either a public authority exercising functions in relation to reserved matters within the meaning of Schedule 5 to the Scotland Act 1998, or a cross-border public authority within the meaning of section 88(5) of that Act); or (ii) the Lord Advocate (in any other case), and, if there is any doubt, both.

; and

(5) The Advocate General for Scotland or the Lord Advocate or both, as appropriate, may appear at the hearing of any motion under paragraph (1).

(30.10) A party who– (a) is or has been represented by a person authorised under any enactment to conduct proceedings in the sheriff court; and (b) would have been found entitled to expenses if he had been represented by a solicitor or an advocate, may be awarded any expenses or outlays to which a party litigant may be found entitled under the Litigants in Person (Costs and Expenses) Act 1975[^f00008] or any enactment under that Act.

(3) An application for leave to appeal from a decision in relation to– (a) a time to pay direction under section 1 of the Debtors (Scotland) Act 1987; (b) the recall or restriction of an arrestment made under section 3(4) of that Act; or (c) a time order under section 129 of the Consumer Credit Act 1974, shall specify the question of law on which the appeal is made.

(32A.1) (1) On cause shown, a party may apply by motion for authority for the whole or part of– (a) the evidence of a witness or the party to be given; or (b) a submission to be made, through a live link. (2) In paragraph (1)– - “witness” means a person who has been or may be cited to appear before the court as a witness; - “submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of a motion; and - “live link” means a live television link or such other arrangement as may be specified in the motion by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.

(g) neither party to the marriage applies for postponement of decree under section 3A of the Act of 1976[^f00011] (postponement of decree where impediment to religious marriage exists).

(1) Time to pay directions

; and

(2) The Consumer Credit Act 1974 allows you to apply to the court for a “time order” during a court action. A time order is similar to a time to pay direction but can only be applied for in certain circumstances, e.g. in relation to certain types of credit agreement. Payment under a time order can only be made by instalments, so that you cannot apply to pay by deferred lump sum.

  • I do NOT ask the court to postpone the grant of decree under section 3A of the Divorce (Scotland) Act 1976.

(e) I do not ask the court to postpone the grant of decree under section 3A of the Divorce (Scotland) Act 1976; and (f) I CONSENT TO DECREE OF DIVORCE BEING GRANTED IN RESPECT OF THIS APPLICATION.

  • I do NOT ask the court to postpone the grant of decree under section 3A of the Divorce (Scotland) Act 1976.
  • I do NOT ask the court to postpone the grant of decree under section 3A of the Divorce (Scotland) Act 1976.

(b) that no application may be made under this procedure for postponement of decree under section 3A of the Divorce (Scotland) Act 1976 (postponement of decree where impediment to religious marriage exists).

(b) that no application may be made under this procedure for postponement of decree under section 3A of the Divorce (Scotland) Act 1976 (postponement of decree where impediment to religious marriage exists).

(2A) Please note that no application may be made under this procedure for postponement of decree under section 3A of the Divorce (Scotland) Act 1976 (postponement of decree where impediment to religious marriage exists).

; and

Amendment of Summary Application Rules

3

  • “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
  • ; or a time order may be applied for under the Consumer Credit Act 1987

; and

(2.32) (1) On cause shown, a party may apply by motion for authority for the whole or part of– (a) the evidence of a witness or the party to be given; or (b) a submission to be made, through a live link. (2) In paragraph (1)– - “witness” means a person who has been or may be cited to appear before the court as a witness; - “submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of a motion; and - “live link” means a live television link or such other arrangement as may be specified in the motion by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom. (2.33) (1) A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment. (2) The person referred to in paragraph (1) may do everything for the preparation and conduct of an action as may have been done by an individual conducting his own action. (2.34) (1) A party who– (a) is or has been represented by a person authorised under any enactment to conduct proceedings in the sheriff court; and (b) would have been found entitled to expenses if he had been represented by a solicitor or an advocate, - May be awarded expenses or outlays to which a party litigant may be found entitled under the Litigants in Person (Costs and Expenses) Act 1975[^f00021] or any enactment under that Act.

(1) Time to pay directions

; and

(2) The Consumer Credit Act 1974 allows you to apply to the court for a “time order” during a court action. A time order is similar to a time to pay direction but can only by applied for in certain circumstances, e.g. in relation to certain types of credit agreement. Payment under a time order can only be made by instalments so you cannot apply to pay by deferred lump sum.

Amendment of Summary Cause Rules

4

  • “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

(1) A party may be represented by– (a) an advocate; (b) a solicitor; (c) a person authorised under any enactment to conduct proceedings in the sheriff court, in accordance with the terms of that enactment; and (d) subject to paragraphs (2) and (4), an authorised lay representative.

; and

(37.1) (1) On cause shown, a party may apply by incidental application for authority for the whole or part of– (a) the evidence of a witness or the party to be given; or (b) a submission to be made, through a live link. (2) in paragraph (1)– - “witness” means a person who has been or may be cited to appear before the court as a witness; - “submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of an incidental application; and - “live link” means a live television link or such other arrangement as may be specified in the incidental application by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the court room.

Amendment of Small Claim Rules

5

The Act of Sederunt (Small Claim Rules) 2002[^f00024] shall be amended as follows:–

  • “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

(1) A party may be represented by– (a) an advocate; (b) a solicitor; (c) a person authorised under any enactment to conduct proceedings in the sheriff court, in accordance with the terms of that enactment; and (d) subject to paragraph (3), an authorised lay representative.

; and

(27.1) (1) On cause shown, a party may apply by incidental application for authority for the whole or part of– (a) the evidence of a witness or the party to be given; or (b) a submission to be made, through a live link. (2) in paragraph (1)– - “witness” means a person who has been or may be cited to appear before the court as a witness; - “submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of an incidental application; and - “live link” means a live television link or such other arrangement as may be specified in the incidental application by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.

Signed

A C HAMILTON — Lord President, I.P.D. — 12th January 2007

Explanatory note

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

This Act of Sederunt makes miscellaneous amendments to the rules of procedure in the sheriff court as follows.

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), the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 13, 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.

[^f00002]: 1907 c. 51. Schedule 1 was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445, S.S.I. 2000/239 and 408, 2001/8 and 144, 2002/7, 128 and 566, 2003/25 and 26, 2004/197 and 350, 2005/20, 189, 638 and 648 and 2006/207, 293, 410 and 509.

[^f00003]: Rule 3.3 was amended by S.S.I. 2005/638.

[^f00004]: 1974 c. 39.

[^f00005]: Rule 5.2 was amended by S.S.I. 2006/207.

[^f00006]: Rule 9A.4 was inserted by S.S.I. 2004/197.

[^f00007]: Rule 28.2(3) was substituted by S.I. 1996/2445.

[^f00008]: 1975 c. 47.

[^f00009]: Rule 33.27A was substituted by S.S.I. 2006/207.

[^f00010]: Rule 33.73(1)(g) was inserted by S.S.I. 2006/207.

[^f00011]: Section 3A was inserted by section 15 of the Family Law (Scotland) Act 2006 (asp 2).

[^f00012]: Form 05 was substituted by S.S.I. 2000/239.

[^f00013]: Form 06 was substituted by S.S.I. 2002/7.

[^f00014]: Form F31 was amended by S.S.I. 2006/207.

[^f00015]: Form F33 was inserted by S.S.I. 2006/207.

[^f00016]: Form F33A was inserted by S.S.I. 2006/207.

[^f00017]: Form F34 was amended by S.S.I. 2006/207.

[^f00018]: Form F35 was amended by S.S.I. 2006/207.

[^f00019]: Form F35A was inserted by S.S.I. 2006207.

[^f00020]: S.I. 1999/929, amended by S.S.I. 2000/18 and 387, 2001/142, 2002/7, 129, 130, 146 and 583, 2003/26, 27, 98, 261, 319, 346 and 556, 2004/197, 222, 334 and 455, 2005/61, 473, 504 and 648 and 2006/410, 437 and 509.

[^f00021]: 1975 c. 47.

[^f00022]: S.S.I. 2002/132, amended by S.S.I. 2002/516, 2003/216, 2004/197, 2005/648 and 2006/509.

[^f00023]: Chapter 36 was inserted by S.S.I. 2006/509.

[^f00024]: S.S.I. 2002/133, amended by S.S.I. 2003/26, 2004/197, 2005/648 and 2006/509.

[^f00025]: Chapter 26 was inserted by S.S.I. 2006/509.

Editorial notes

[^key-826eef0add008dedbdfd52cf5f7921a0]: Para. 1 in force at 29.1.2007, see para. 1(1)

[^key-a25252dfb2e243b0909251924f4ec834]: Para. 2(1)-(13)(16)(a)-(e) in force at 29.1.2007, see para. 1(1)

[^key-0c368c2fe1831f2da5904d4767fc4e24]: Para. 2(14)(15)(16)(f)-(k) in force at 26.2.2007, see para. 1(2)

[^key-30ae4fabcb0670f85addcff109ce4f36]: Para. 3 in force at 29.1.2007, see para. 1(1)

[^key-b600565aa1786ebd92fe09cfa52b2447]: Para. 4 in force at 29.1.2007, see para. 1(1)

[^key-e90c807dae7fb57045371a43e2a40785]: Para. 5 in force at 29.1.2007, see para. 1(1)

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