LegalizeAct of Sederunt (Sheriff Court Ordinary Cause Rules) 1993
Made: 29th July 1993
Coming into force: 1st January 1994
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 13 of the Sheriff Courts (Scotland) Extracts Act 1892[^f00001], section 32 of the Sheriff Courts (Scotland) Act 1971[^f00002], section 1(3) of the Administration of Justice (Scotland) Act 1972[^f00003], paragraph 5 of Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973[^f00004], section 66(7) of the Sex Discrimination Act 1975[^f00005], section 11 of the Divorce (Scotland) Act 1976[^f00006], section 15 of the Presumption of Death (Scotland) Act 1977[^f00007], section 59(1) of the Adoption (Scotland) Act 1978[^f00008], sections 97 and 102 of the Debtors (Scotland) Act 1987[^f00009], and of all other powers enabling them in that behalf, having approved, with modifications, 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 (Sheriff Court Ordinary Cause Rules) 1993 and shall come into force on 1st January 1994.
- (2) This Act of Sederunt shall be inserted in the Books of Sederunt.
Ordinary Cause Rules
2
For Schedule 1 to the Sheriff Courts (Scotland) Act 1907[^f00010] there shall be substituted the Schedule in Schedule 1 to this Act of Sederunt.
Extension of Ordinary Cause Rules to summary causes
3
In the Act of Sederunt (Summary Cause Rules, Sheriff Court) 1976[^f00011], for paragraph 3(2) there shall be substituted the following paragraph:—
(2) The following provisions of the Ordinary Cause Rules 1993 shall apply to a summary cause insofar as not inconsistent with those Rules:—
| rule 5.7 | (persons carrying on business under trading or descriptive name), |
|---|---|
| rule 6.1 | (service of schedule of arrestment), |
| rule 7.6 | (amendment of initial writ), |
| rule 12.2(2) | (correction of clerical errors in interlocutors), |
| rule 25.1 | (minutes of sist), |
| rule 25.2 | (minutes of transference), |
| rule 26.3 | (remit from Court of Session), |
| rule 28.2 | (applications for commission and diligence for recovery of docu ments or for orders under section 1 of the Act of 1972), |
| rule 28.14 | (letters of request), |
| rule 29.3 | (evidence generally), |
| rule 29.17 | (proof to be taken continuously), |
| rule 29.19 | (incidental appeal against rulings on confidentiality of evidence and production of documents), |
| rule 30.2 | (taxes on money under control of the court), |
| rule 30.9 | (service of charge where address of defender not known), |
| rule 33.7 | (warrants and forms for intimation in family actions), |
| rules 34.5 to 34.9 | (removing), |
| rules 36.14 to 36.17 | (management of damages payable to persons under legal disability), |
| Chapter 38 | (European Court). |
Extension of Ordinary Cause Rules to small claims
4
In the Act of Sederunt (Small Claims Rules) 1988[^f00012], for Appendix 2 there shall be substituted the following appendix:—
| rule 5.7 | (persons carrying on business under trading or descriptive name), |
|---|---|
| rule 6.1 | (service of schedule of arrestment), |
| rule 12.2(2) | (correction of clerical errors in interlocutors), |
| rule 25.1 | (minutes of sist), |
| rule 25.2 | (minutes of transference), |
| rule 28.14 | (letters of request), |
| rule 30.2 | (taxes on money under control of the court), |
| rule 30.9 | (service of charge where address of defender not known), |
| rules 36.14 to 36.17 | (management of damages payable to persons under legal disability), |
| Chapter 38 | (European Court). |
Revocations and repeal
5
The enactments specified in column 2 of Schedule 2 to this Act of Sederunt shall be revoked or repealed, as the case may be, to the extent specified in column 3 of that Schedule.
Savings for causes already commenced
6
Nothing in this Act of Sederunt shall affect any cause commenced before the date of the coming into force of this Act of Sederunt, and any such cause shall proceed according to the law and practice in force immediately before that date.
SCHEDULE 1
Signed
J.A.D. Hope — Lord President, IPD — 29th July 1993
Explanatory note
(This note is not part of the Act of Sederunt)
This Act of Sederunt provides, in paragraph 2, for new Ordinary Cause Rules in the sheriff court. The Rules include, in Chapter 9 (standard procedure in defended causes), a new procedure for securing the expeditious progress of defended causes.
This Act of Sederunt also—
- (a) provides for the application of certain ordinary cause rules to summary causes and small claims (paragraph 3);
- (b) repeals certain provisions of the Sheriff Courts (Scotland) Extracts Act 1892 for which provision is made in Chapter 30 of the new Ordinary Cause Rules (paragraph 5 and Schedule 2); and
- (c) revokes certain Acts of Sederunt dealing with consistorial and matrimonial matters for which provision is made in Chapter 33 of the new Ordinary Cause Rules and revokes part of the Codifying Act of Sederunt 1913 dealing with letters of request for which provision is made in Chapter 28 of the new Ordinary Cause Rules (paragraph 5 and Schedule 2).
Footnotes
[^f00001]: 1892 c. 17.
[^f00002]: 1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12 and the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4).
[^f00003]: 1972 c. 59.
[^f00004]: 1973 c. 45.
[^f00005]: 1975 c. 65.
[^f00006]: 1976 c. 39.
[^f00007]: 1977 c. 27.
[^f00008]: 1978 c. 28.
[^f00009]: 1987 c. 18.
[^f00010]: 1907 c. 51; Schedule 1 was substituted by S.I. 1983/747.
[^f00011]: S.I. 1976/476; paragraph 3(2) was substituted by S.I. 1983/747 and amended by S.I. 1986/1966, 1989/436 and 1990/661.
[^f00012]: S.I. 1988/1976; Appendix 2 was amended by S.I. 1990/661.
[^f00013]: 1988 c. 32.
[^f00014]: 1987 c. 18.
[^f00015]: 1972 c. 59.
[^f00016]: 1985 c. 37.
[^f00017]: 1882 c. 77.
[^f00018]: Cmnd. 3986 (1969).
[^f00019]: 1982 c. 27; Schedule 3C was inserted by the Civil Jurisdiction and Judgments Act 1991 (c. 12), section 1(3).
[^f00020]: 1987 c. 18.
[^f00021]: 1982 c. 27.
[^f00022]: Cmnd. 3986 (1969).
[^f00023]: 1974 c. 38.
[^f00024]: 1972 c. 59; section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73); section 19 and Schedule 2, paragraph 15.
[^f00025]: 1987 c. 18.
[^f00026]: 1977 c. 27.
[^f00027]: 1987 c. 18.
[^f00028]: 1985 c. 73.
[^f00029]: 1983 c. 2; section 136 was amended by the Representation of the People Act 1985 (c. 50), Schedule 4, paragraph 48.
[^f00030]: 1985 c. 6.
[^f00031]: 1893 c. 44.
[^f00032]: 1982 c. 50.
[^f00033]: 1985 c. 66.
[^f00034]: 1986 c. 65.
[^f00035]: 1972 c. 59.
[^f00036]: Section 1 of the Administration of Justice (Scotland) Act 1972 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 19 and Schedule 2, paragraph 15.
[^f00037]: 1893 c. 44.
[^f00038]: 1987 c. 22.
[^f00039]: 1987 c. 18.
[^f00040]: 1984 c. 42; Part IV was amended by the Family Law (Scotland) Act 1985 (c. 37), Schedule 1, paragraphs 12 and 13.
[^f00041]: 1966 c. 19; section 8(1) was amended by the Guardianship Act 1973 (c. 29), Schedule 5, the Divorce (Scotland Act 1976 (c. 39), Schedule 1, the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1, paragraph 7 and the Family Law (Scotland) Act 1985 (c. 37), Schedule 1, paragraph 5.
[^f00042]: 1975 c. 72.
[^f00043]: 1976 c. 39.
[^f00044]: 1981 c. 59.
[^f00045]: 1985 c. 37.
[^f00046]: 1986 c. 9.
[^f00047]: 1973 c. 45; Schedule 3 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), Schedule 1, paragraphs 19 and 20.
[^f00048]: 1986 c. 55.
[^f00049]: 1987 c. 18; section 106 was amended by the Child Support Act 1991 (c. 48), Schedule 5, paragraph 8(7).
[^f00050]: 1991 c. 48.
[^f00051]: 1972 c. 38; section 2(2) was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), Schedule 1, paragraphs 13, the Law Reform (Husband and Wife) (Scotland) Act 1984 (c. 15), Schedule 1, paragraph 6, the Family Law (Scotland) Act 1985 (c. 37), Schedule 1, paragraph 8 and the Statute Law (Repeals) Act 1986 (c. 12), Schedule 1, Part I.
[^f00052]: 1985 c. 37; section 8(1)(aa) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 34.
[^f00053]: 1981 c. 59.
[^f00054]: 1976 c. 39.
[^f00055]: 1973 c. 45; Schedule 3 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), Schedule 1, paragraphs 19 and 20.
[^f00056]: 1975 c. 72; section 47(2) was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 1, paragraph 14(1).
[^f00057]: 1958 c. 40; section 11(1) was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 2 and the Family Law Act 1986 (c. 55), Schedule 1, paragraph 7.
[^f00058]: 1973 c. 29; section 12(2)(a) was amended by the Children Act 1975 (c. 72), section 48(4).
[^f00059]: 1986 c. 55.
[^f00060]: Section 51(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2, paragraph 25.
[^f00061]: 1985 c. 60.
[^f00062]: 1984 c. 42; Part IV was amended by the Act of 1985 (c. 37), Schedule 1, paragraphs 12 and 13.
[^f00063]: 1981 c. 59.
[^f00064]: 1985 c. 37.
[^f00065]: 1958 c. 40.
[^f00066]: Section 10(1) of the Act of 1958 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 2 and the Family Law (Scotland) Act 1986 (c. 55), Schedule 1, paragraph 6.
[^f00067]: Section 12(1) of the Act of 1958 was amended by the Social Work (Scotland) Act 1968 (c. 49), Schedule 9.
[^f00068]: 1985 c. 37.
[^f00069]: 1981 c. 59; section 13 was amended by the Family Law (Scotland) Act 1985 (c. 37), Schedule 1, paragraph 11 and the Housing (Scotland) Act 1987 (c. 26), Schedule 23, paragraph 26.
[^f00070]: 1984 c. 42.
[^f00071]: Section 28 was extended by section 29A (inserted by the Act of 1985, Schedule 1, paragraph 12) to an annulment.
[^f00072]: 1981 c. 51; section 13(2) was amended by the Act of 1985, Schedule 1, paragraph 11.
[^f00073]: 1985 c. 37.
[^f00074]: 1973 c. 29.
[^f00075]: Section 11(1) was amended by the Act of 1975 (c. 72), section 48(3).
[^f00076]: 1981 c. 59.
[^f00077]: Section 18 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 13(9).
[^f00078]: Section 18(1) of the Act of 1981 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 13(9)(a).
[^f00079]: Section 15(4) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 64(b).
[^f00080]: 1976 c. 39.
[^f00081]: Cmnd. 3986 (1969).
[^f00082]: 1966 c. 19; section 8 was amended by the Guardianship Act 1973 (c. 29), Schedule 5, the Divorce (Scotland) Act 1976 (c. 39), Schedule 1, the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1, paragraph 7, the Family Law (Scotland) Act 1985 (c. 37), Schedule 1, paragraph 5 and the Family Law Act 1986 (c. 53), Schedule 1, paragraph 8 and Schedule 2.
[^f00083]: 1991 c. 48.
[^f00084]: 1991 c. 55.
[^f00085]: 1970 c. 35.
[^f00086]: Section 18(2) was amended by the Redemption of Standard Securities (Scotland) Act 1971 (c. 45), section 1.
[^f00087]: 1976 c. 13; Schedule 1 was amended by the Administration of Justice Act 1982 (c. 53), section 14(4).
[^f00088]: 1982 c. 53.
[^f00089]: 1961 c. 62.
[^f00090]: 1975 c. 65.
[^f00091]: 1977 c. 27.
[^f00092]: S.I. 1992/272.
[^f00093]: 1982 c. 27; section 1(1) was amended by section 2 of, and Schedule 2 by section 3 of, and Schedule 2 to, the Civil Jurisdiction and Judgments Act 1991 (c. 12).
[^f00094]: 1972 c. 68.
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