Act of Sederunt (Rules of the Court of Session Amendment No. 7) (Miscellaneous) 2013

Made: 6th November 2013

Laid before the Scottish Parliament: 8th November 2013

Coming into force: 2nd December 2013

The Lords of Council and Session, under and by virtue of the powers conferred by section5 of the Court of Session Act 1988[^f00001], section 446 of the Proceeds of Crime Act 2002[^f00002], sections6(9), 6(10) and 11 of the Justice and Security Act 2013[^f00003] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation, commencement etc.

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.7) (Miscellaneous) 2013.

• (2) It comes into force on 2nd December 2013.

• (3) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

• (4) The Rules of the Court of Session[^f00004] are amended in accordance with the following paragraphs.

Applications to amend the name of a party in more than one cause

2

In rule24.6(4)[^f00005], for “(3)” substitute “(5)”.

Civil Recovery Investigations

3

In rule76.37(3) (disclosure orders)[^f00006], after “Proceeds of Crime Act 2002” insert “(External Investigations) Order 2013”.

Justice and Security Act 2013

4

In rule104.5(1) (hearing on applications)[^f00007], for “(4)” substitute “(6)”.

Signed

BRIAN GILL — Lord President — I.P.D. — 6th November 2013

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt amends the Rules of the Court of Session. Paragraph2 amends rule24.6(4) (applications to amend the name of a party in more than one cause). Paragraph3 amends rule76.37(3) (civil recovery investigations: disclosure orders). Paragraph4 amends rule104.5(1) (Justice and Security Act 2013: hearing on applications).

Footnotes

[^f00001]: 1988 c.36; section5 was amended by the Civil Evidence (Scotland) Act 1988 (c.32), section2(3); the Children (Scotland) Act 1995 (c.36), Schedule4, paragraph45; the Vulnerable Witnesses (Scotland) Act 2004 (asp3), section14(1); the Judiciary and Courts (Scotland) Act 2008 (asp6), section46(3) and the Legal Services (Scotland) Act 2010 (asp16), section126(a).

[^f00002]: 2002 c.29.

[^f00003]: 2013 c.18.

[^f00004]: 1994 S.I. 1994/1443, last amended by S.S.I. 2013/294.

[^f00005]: Rule24.6 was inserted by S.S.I. 2013/162.

[^f00006]: Rule76.37, last amended by S.S.I. 2013/294.

[^f00007]: Rule104.5 was inserted by S.S.I. 2013/238.