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Act of Sederunt (Rules of the Court of Session 1994) 1994

Type Statutory-Instrument

Publication 1994-05-31

Last updated 2021-03-01

State In force

Department King's Printer of Acts of Parliament

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(d) confirmation that the person whom it is proposed should be appointed is qualified to act as a person under section 135 of the Act of 1986, as relevantly applied;

(e) whether to the applicant’s knowledge there has been proposed or is in force for the investment bank a company voluntary arrangement under Part 1 of the Act of 1986;

(f) the applicant’s estimate of the value of the assets in respect of which the person is to be appointed;

(g) the functions the applicant wishes to be carried out by the person to be appointed in relation to the investment bank’s affairs.

(3) An order appointing any person as referred to in paragraph (1) shall specify the functions to be carried out in relation to the investment bank’s affairs and how those functions are to be apportioned where more than one person is to be so appointed and, in particular, shall specify whether functions are to be exercised jointly or by any or all the persons appointed.

(4) Where the court decides to appoint a person as referred to in paragraph (1)—

(a) it shall pronounce an interlocutor making the appointment and specifying the functions to be carried out by the appointed person in relation to the affairs of the investment bank; and

(b) it shall forthwith send a copy of the interlocutor to the person appointed.

(5) On receiving a certified copy of an interlocutor pronounced under paragraph (4)(a), the person appointed shall intimate his appointment forthwith—

(a) once in the Edinburgh Gazette; and

(b) once in one or more such newspapers as the court has directed.

(6) An application for the discharge of a person appointed in accordance with this rule shall be made by note.

Report of administrator’s proposals: Schedule B1 to the Act of 1986

74.57

(1) Paragraph (2) shall apply where a report under paragraphs 53(2) or 54(6) of Schedule B1 to the Act of 1986 (report at conclusion of creditors’ meeting), as those provisions are applied and modified by regulation 15 of, or paragraphs10(4) or 11(8) of Schedule2 to, the Investment Bank Regulations, discloses a failure to approve, or to approve a revision of, an administrator’s proposals.

(2) The Deputy Principal Clerk shall fix a hearing for determination by the insolvency judge of any order that may be made under paragraph 55(2) of Schedule B1 to the Act of 1986, as that provision is applied and modified by regulation 15 of the Investment Bank Regulations or by section145 of the Act of 2009 and paragraph6 of Schedule2 to the Investment Bank Regulations.

Time and date of lodging in special administration etc.

74.58

(1) The time and date of lodging of a notice or document relating to a special administration, special administration (bank insolvency) or special administration (bank administration) shall be noted by the Deputy Principal Clerk upon the notice or document.

(2) Subject to any provision in the Investment Bank Rules—

(a) where the time of lodging of a notice or document cannot be ascertained by the Deputy Principal Clerk, the notice or document shall be deemed to have been lodged at 10 a.m. on the date of lodging;

(b) where a notice or document under paragraph (1) is delivered on any day other than a business day but is not lodged on that day, the date of lodging shall be the first business day after such delivery.

Appeals against adjudication of claims

74.59

(1) An appeal under section 127(5) of the Bankruptcy (Scotland) Act 2016, as applied by rule 127 of the Investment Bank Rules (appeal by a creditor or contributory of the investment bank against a decision of the administrator) shall be made by note.

(2) A note under paragraph (1) shall be served on the administrator.

(3) On such a note being served on the administrator, the administrator shall send the claim in question, and a copy of his or her adjudication, forthwith to the Deputy Principal Clerk who shall cause them to be lodged in process.

(4) After the note has been disposed of, the Deputy Principal Clerk shall return the claim and the adjudication to the administrator with a copy of the interlocutor disposing of the note.

Applications under section 176A of the Act of 1986

74.60

(1) An application by an administrator under section 176A of the Act of 1986 (share of assets for unsecured creditors), as applied by Table 2 in regulation 15 of, or paragraph6 of Schedule2 to, the Investment Bank Regulations, shall be made by note in the existing special administration process.

(2) The Deputy Principal Clerk shall—

(a) after the lodging of any note fix a hearing for the insolvency judge to consider an application under paragraph (1); and

(b) give notice of the hearing fixed under paragraph (2)(a) to the noter.

(3) The noter shall not be required to give notice to any person of the hearing fixed under paragraph (2)(a), unless the insolvency judge directs otherwise.

Applications during a special administration etc.

74.61

(1) An application or appeal under any provision of the Act 1986 as applied by the Act of 2009, the Investment Bank Regulations or the Investment Bank Rules during a special administration, special administration (bank insolvency) or special administration (bank administration) shall be made—

(a) where no previous application or appeal has been made, by petition; or

(b) where a petition for an order in respect of a special administration, special administration (bank insolvency) or special administration (bank administration) has been lodged, by note in the process of that petition.

CHAPTER 102 — REPORTING RESTRICTIONS

Interpretation and application of this Chapter

102.1

(1) This Chapter applies to orders which restrict the reporting of proceedings.

(2) In this Chapter, “interested person” means a person—

(a) who has asked to see any order made by the court which restricts the reporting of proceedings, including an interim order; and

(b) whose name is included on a list kept by the Lord President for the purposes of this Chapter.

Notification of reporting restrictions etc.

102.2

(1) Where the court is considering making an order, it must first make an interim order.

(2) ... The clerk of court shall immediately send a copy of the interim order to any interested person.

(3) The court shall specify in the interim order why it is considering making an order.

Applications for variation or revocation

102.3

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An interested person who would be directly affected by the making of an order shall have an opportunity to make representations to the court before an order is made.

(3) Representations shall—

(a) be made by note in process;

(b) where an urgent hearing is sought, include reasons explaining why an urgent hearing is necessary;

(c) be lodged no later than 2 days after the interim order is sent to interested persons in accordance with rule102.2(2).

(4) On representations being made—

(a) the court shall appoint a date for a hearing—

(i) on the first suitable court day thereafter; or

(ii) where the court is satisfied that an urgent hearing is necessary, at such earlier date and time as the court may determine;

(b) the clerk of court shall—

(i) notify the date and time of the hearing to the parties to the proceedings and the person who has made representations; and

(ii) send a copy of the representations to the parties to the proceedings.

(5) Where no interested person makes representations in accordance with rule 102.3(2), the clerk of court shall put the interim order before the court in chambers in order that the court may resume consideration of whether to make an order.

(6) Where the court, having resumed consideration under rule 102.3(5), makes no order, it shall recall the interim order.

(7) Where the court recalls an interim order, the clerk of court shall immediately notify any interested person.

CHAPTER 103 — FORCED MARRIAGE

Interpretation of this Chapter

103.1

In this Chapter, “the 2011 Act” means the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011.

Applications for a forced marriage protection order

103.2

(1) An application for a forced marriage protection order under the 2011 Act shall be made by petition.

(2) Where leave of the court is required under section 3(2) of the 2011 Act to make an application for a forced marriage protection order, the person seeking such an order shall apply by motion for leave to make the application at the time when the petition is presented to the Petition Department.

(3) A motion under paragraph (2) shall be heard in chambers.

(4) Where such leave is granted, a copy of the interlocutor allowing leave shall be attached to the copy of the petition served on the respondent.

Applications for variation, recall or extension of a forced marriage protection order

103.3

(1) An application for variation, recall or extension of a forced marriage protection order under the 2011 Act shall be made by note.

(2) Where leave of the court is required under section 7(1)(d) or 8(3)(d) of the 2011 Act before an application for variation, or recall or extension of a forced marriage protection order may be made, the applicant must lodge along with the note a motion stating the grounds upon which leave is sought.

(3) A motion under paragraph (2) shall not be served or intimated unless the court otherwise directs.

(4) The court may hear the applicant on the motion and may grant or refuse it or make such other order in relation to it as it considers appropriate prior to the determination.

(5) Where such a motion is granted, a copy of the interlocutor shall be intimated along with the note of application.

TPIM orders and imposed measures: petitions

Initial diets

Appeals relating to terrorism prevention and investigation measures

Appointment of special advocates

Special advocates: further provisions

Anonymity

Exclusion from diets or hearings etc.

Recording of TPIM and appeal proceedings

Disposals in petitions

14.10

(1) The court may make such order to dispose of a petition as it thinks fit, whether or not such order was sought in the petition.

(2) An order referred to in paragraph (1) is any order that could be made if sought in any action or petition.

CHAPTER 12B — LAY REPRESENTATION

Application and interpretation

12B.1

(1) This Chapter is without prejudice to any enactment (including any other provision in these Rules) under which provision is, or may be, made for a party to a particular type of case before the court to be represented by a lay representative.

(2) In this Chapter, a “lay representative” means a person who is not—

(a) a solicitor;

(b) an advocate; or

(c) someone having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Lay representation for party litigants

12B.2

(1) In any cause depending before the court in respect of which no provision as mentioned in rule 12B.1(is in force, a party litigant may apply to the court for permission for a named individual (a lay representative) to appear, along with the litigant, at a specified hearing for the purpose of representing the litigant at that hearing.

(2) An application under paragraph (1) is to be made—

(a) by motion and accompanied by a document, signed by the litigant and the named individual, in Form 12B.2; and

(b) subject to paragraph (3), prior to the date of the hearing at which the litigant wishes the lay representative to represent the litigant.

(3) The court may grant an application made on the day of the hearing at which the litigant wishes the lay representative to represent the litigant if it is satisfied that there are exceptional reasons why the application could not have been made prior to that day.

(4) The court may grant an application under paragraph (1) only if it is of the opinion that it would be in the interests of justice to grant it.

(5) It is a condition of permission granted by the court that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance.

(6) The court may grant permission under paragraph (1) in respect of one or more specified hearings in the cause; but such permission is not effective during any period when the litigant is legally represented.

(7) The court may, of its own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1).

(7A) Where permission is granted under paragraph (1), the lay representative may do anything in the preparation or conduct of the hearing that the litigant may do.

(8) Where permission has been granted under paragraph (1), the litigant may—

(a) show the lay representative any document (including a court document); or

(b) impart to the lay representative any information,

which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the lay representative is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.

(9) Any expenses incurred by the litigant in connection with lay representation under this rule are not recoverable expenses in the proceedings.

Confidentiality of documents in process

12B.3

Rules 67.3 and 97.4 (confidentiality of documents in process) apply to an individual permitted to act as lay representative under this Chapter as they apply to a curator ad litem and reporting officer.

Application and interpretation of this Part

62.97

(1) This Part applies to the registration and enforcement of a measure under Article 24 or Article 26 of the 1996 Convention.

(2) In this Part—

“the 1996 Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, signed at The Hague on 19th October 1996;

“Contracting State” means a state party to the 1996 Convention.

Enforcement, recognition or non-recognition of measures from a Contracting State

62.98

(1) An application—

(a) under Article 24 of the 1996 Convention for recognition or non-recognition of a measure taken in a Contracting State other than the United Kingdom; or

(b) under Article 26 of the 1996 Convention for enforcement of a measure taken in a Contracting State other than the United Kingdom,

shall be made by petition in Form 62.98.

(2) The petition shall include averments on the matters outlined at Article 23(2) of the 1996 Convention (grounds for refusal of recognition).

(3) There shall be produced with the petition an authentic copy of any judgment or other document which outlines the measure to be registered.

(4) The court shall, on being satisfied that the petition complies with the requirements of the 1996 Convention, pronounce an interlocutor—

(a) granting warrant for the registration of the measure; and

(b) where necessary, granting decree in accordance with Scots law.

(5) The interlocutor pronounced under paragraph (4) shall specify that the petitioner may register the measure under rule 62.100 (registration under the 1996 Convention).

Intimation to the petitioner

62.99

Where the court pronounces an interlocutor under rule 62.98(4) the Deputy Principal Clerk shall intimate such interlocutor to the petitioner, by sending to his address for service in Scotland a certified copy of the interlocutor by registered post or the first class recorded delivery service.

Registration under the 1996 Convention

62.100

(1) Where the court pronounces an interlocutor under rule 62.98(4) granting warrant for registration, the Deputy Principal Clerk shall enter the measure in the register of judgments, authentic instruments and court settlements kept in the Petition Department.

(2) On presentation by the petitioner to the Keeper of the Registers of—

(a) a certified copy of the interlocutor under rule 62.98(4) granting warrant for registration,

(b) an authentic copy of any judgment or other document which outlines the measure to be registered and any translation of such a document,

they shall be registered in the register of judgments in the Books of Council and Session.

(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered document with a warrant for execution.

Service of warrant for registration under the 1996 Convention

62.101

The petitioner shall serve a copy of the interlocutor under rule 62.98(4) granting warrant for registration of a judgment and notice in Form 62.101 on the person against whom enforcement is sought.

CHAPTER 35B — LODGING AUDIO OR AUDIO-VISUAL RECORDINGS OF CHILDREN

Interpretation

35B.1

In this Chapter, “child” means a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly.

Lodging an audio or audio-visual recording of a child

35B.2

(1) Where a party seeks to lodge an audio or audio-visual recording of a child as a production, that party must—

(a) ensure that the recording is in a format that can be heard or viewed by means of equipment available in court;

(b) place the recording together with a copy of the relevant inventory of productions in sealed envelope marked with—

(i) the names of the parties to the court action;

(ii) the case reference number;

(iii) (where available) the date and time of commencement and of termination of the recording; and

(iv) the words “recording of a child – confidential”.

(2) The sealed envelope must be lodged with the Deputy Principal Clerk.

(3) In the remainder of this Chapter a “recording of a child” means any such recording lodged under this rule.

Separate inventory of productions

35B.3

(1) On each occasion that a recording of a child is lodged, a separate inventory of productions shall be lodged in process.

(2) The Deputy Principal Clerk shall mark the date of receipt and the number of the process on the sealed envelope containing the recording.

Custody of a recording of a child

35B.4

(1) A recording of a child—

(a) shall be kept in the custody of the Deputy Principal Clerk; and

(b) subject to rule 35B.5, will not form a borrowable part of the process.

(2) The envelope containing the audio or audio-visual recording of a child shall only be unsealed with the authority of the court and on such conditions as the court thinks fit (which conditions may relate to listening to or viewing the recording).

Access to a recording of a child

35B.5

(1) An application by a party to gain access to and to listen to or view a recording of a child may be made by motion.

(2) The court may refuse such a motion or grant it on such conditions as the court thinks fit, including—

(a) allowing only such persons as the court may specify to listen to or view the recording;

(b) specifying the location where such listening or viewing is to take place;

(d) allowing a copy of the recording to be made (in the same or different format) and arrangements for the safe-keeping and disposal of such copy;

(e) arrangements for the return of the recording and re-sealing of the envelope.

Exceptions

35B.6

(1) The court may, on the application of a party and on cause shown, disapply the provisions of this Chapter.

(2) An application under paragraph(1) shall be made—

(a) at the time of presenting the recording for lodging;

(b) by letter addressed to the Deputy Principal Clerk stating the grounds on which the application is made.

Application of other rules

35B.7

The following rules do not apply to an audio or audio-visual recording of a child—

(a) rule 4.5 (productions);

(b) rule 4.11 (documents not to be borrowed); and

Pre-proof By Order

47.13A

Not less that 2 days prior to any hearing appointed under rule 47.12(2)(g) parties shall lodge in process an estimated timetable for the conduct of proof together with a note of any issues which are to be addressed prior to the proof.

Lodging of productions for proof

Hearings for further procedure

Failure to comply with rule or order of commercial judge

Disapplication of certain rules

55.2B

(1) The requirement in rule 4.1(4) for a step of process to be folded lengthwise does not apply in a cause to which this Chapter applies.

(2) An open record shall not be made up in, and Chapter 22 (making up and closing records) shall not apply to, an intellectual property cause initiated by summons unless otherwise ordered by a judge.

(3) The following rules shall not apply to an intellectual property cause—

rule 6.2 (fixing and allocation of diets in Outer House),

rule14.8 (procedure where answers lodged),

rule 25.1(3) (form of counterclaim),

rule 25.2(1) (authority for diligence etc. on counterclaims),

rule 36.3 (lodging productions).

Procedure in intellectual property causes

55.2C

(1) Subject to the other provisions of this Chapter, the procedure in an intellectual property cause shall be such as the judge shall order or direct.

(2) All proceedings in an intellectual property cause shall, in the Outer House, be heard and determined on such dates and at such times as shall be fixed by the judge.

(3) The fixing of a hearing for a specified date in an intellectual property cause shall not affect the right of any party to apply by motion at any time under these Rules.

Pleadings in intellectual property causes

55.2D

(1) In an intellectual property cause, the following paragraphs apply without prejudice to any specific requirements laid down elsewhere in this Chapter.

(2) A summons in such a cause shall—

(a) specify, in the form of conclusions, the orders sought;

(b) identify the parties to the action and the transaction or dispute from which the action arises;

(c) specify any special capacity in which the pursuer is bringing the action or any special capacity in which the action is brought against the defender;

(d) summarise the circumstances out of which the action arises; and

(e) set out the grounds on which the action proceeds.

(3) A petition in such a cause shall specify, in the prayer of the petition, the orders sought and shall provide the same information as is specified in paragraph (2)(b) to (e) of this rule in relation to a summons.

(4) Defences (to a summons) and answers (to a petition) shall be in the form of answers to the summons or petition (as the case may be) with any additional statement of facts or legal grounds on which the defender or respondent intends to rely.

(5) A party seeking to lodge a counterclaim or serve a third party motion shall apply by notice to do so.

(6) The judge shall, on a motion to lodge a counterclaim or to serve a third party notice, make such order and give such directions as he thinks fit with regard to—

(a) the time within which a counterclaim may be lodged or a third party notice served and any answers lodged;

(b) where the motion is made before the preliminary hearing, a date for the preliminary hearing if it is to be a date other than the date referred to in rule 55.2E(1);

(c) any application for a warrant to use any form of diligence which would have been permitted under rule 14A.2 (application for interim diligence) had the warrant been sought in a summons in a separate action.

(7) Paragraph (2) of this rule shall apply to the form of a counterclaim as it applies to a summons.

(8) There shall be appended to any pleadings referred to in this rule a schedule listing the documents founded on or adopted as incorporated therein, which should also be lodged as an inventory of productions.

Preliminary hearings

55.2E

(1) An intellectual property cause shall call for a preliminary hearing within 14 days after defences or answers (as the case may be) have been lodged.

(2) At the preliminary hearing, the judge—

(a) shall determine whether, to what extent and in what manner further specification of the claim and defences or answers should be provided;

(b) may—

(i) order a party to make detailed written pleadings, either generally or in relation to particular issues;

(ii) order one or more parties to make a statement of facts, either generally or in relation to particular issues;

(iii) allow a party to make an amendment to his pleadings;

(iv) order disclosure of the identity of witnesses and the existence and nature of documents relating to the cause or authority to recover documents, either generally or in relation to specific matters;

(v) order any party to lodge in process within a specified period documents constituting, evidencing or relating to the subject-matter of the cause or any invoices, correspondence or similar documents relating to it;

(vi) order each party to lodge in process, and send to every other party, a list of witnesses;

(vii) order any party to lodge in process reports of skilled persons or witness statements;

(viii) order any party to lodge in process affidavits relating to any of the issues in the cause;

(ix) except as provided for elsewhere in these Rules, order the cause to proceed to a hearing without any further preliminary procedure either in relation to the whole or any particular aspect of the cause;

(d) may continue the preliminary hearing to a date to be appointed by him; and

(e) may make such other order as he thinks fit for the speedy determination of the cause.

(3) In an intellectual property cause the judge may ordain the pursuer to—

(a) make up a record; and

(b) lodge that record in process within such period as he thinks fit.

(4) At the conclusion of the preliminary hearing, the judge shall, unless he has made an order under paragraph (2)(b)(ix) (order to proceed without a further hearing), fix a date for a procedural hearing to determine further procedure.

(5) The date fixed under paragraph (4) for a procedural hearing may be extended on cause shown by application to the court, by motion, not less than two days prior to the date fixed for the procedural hearing.

Procedural hearings

Pre-proof By Order

55.3A

Not less than two days prior to any hearing appointed under rule 55.3(2)(h) parties shall lodge in process an estimated timetable for the conduct of the proof together with a note of any issues which are to be addressed prior to the proof.

Notices to admit and notices of non-admission

Applications for leave to amend specifications

Hearings for further procedure

55.5B

Any failure by a party to comply timeously with a provision in these Rules or any order made by the intellectual property judge in an intellectual property cause shall entitle the judge, at his own instance—

(a) to refuse to extend any period for compliance with a provision in these Rules or an order of the court;

(b) to dismiss the cause or counterclaim, as the case may be, in whole or in part;

(d) to make an award of expenses,

as he thinks fit.

Failure to comply with rule or order of intellectual property judge

55.5C

(a) to refuse to extend any period for compliance with a provision in these Rules or an order of the court;

(b) to dismiss the cause or counterclaim, as the case may be, in whole or in part;

(d) to make an award of expenses,

as he thinks fit.

Applications for revocation of patents

Proceedings for infringement

Objections to validity of patent

Determination of question or application where Comptroller declines to deal with it

Applications by employees for compensation under section 40 of the Act of 1977

Proceedings for determination of certain disputes

Applications for rectification of Register of Designs or Patents

Counterclaim for rectification of Register of Designs

Appeals and references from Comptroller

Intimation to Comptroller of reclaiming motion

Communication of information to European Patent Office

Intimation and service of certain statutory applications ... for orders for disposal of infringing matter

Applications for leave to proceed

Appeals and references under the Trade Marks Act 1994

Transfers to and from this Chapter

58.12

(1) At the procedural hearing the Lord Ordinary must ascertain whether—

(a) the parties have complied with any order made under rule 58.11(2); and

(b) the parties are ready to proceed to the substantive hearing.

(2) At the procedural hearing the Lord Ordinary may make such order for further procedure as is appropriate for the speedy determination of the petition and in particular may make any of the orders listed in rule 58.11(2).

CHAPTER 58A — PROTECTIVE EXPENSES ORDERS IN ENVIRONMENTAL APPEALS AND JUDICIAL REVIEWS

Application and interpretation of this Chapter

58A.1

(1) This Chapter applies to applications for protective expenses orders in—

(a) an appeal under section 56 of the Freedom of Information (Scotland) Act 2002 as modified by regulation 17 of the Environmental Information (Scotland) Regulations 2004;

(b) relevant proceedings which include a challenge to a decision, act or omission which is subject to, or said to be subject to, the provisions of Article 6 of the Aarhus Convention;

(c) relevant proceedings which include a challenge to an act or omission on the grounds that it contravenes the law relating to the environment.

(2) In this Chapter—

“the Aarhus Convention” means the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25th June 1998;

“protective expenses order” means an order which regulates the liability for expenses in the proceedings, including as to the future, of all or any of the parties to them;

“the public” and “the public concerned” have the meanings given by Article 2 of the Aarhus Convention;

“relevant proceedings” means—applications to the supervisory jurisdiction of the court, including applications under section 45(b) (specific performance of a statutory duty) of the Act of 1988;appeals under statute.

(3) Proceedings are to be considered prohibitively expensive for the purpose of this Chapter if the costs and expenses likely to be incurred by the applicant for a protective expenses order—

(a) exceed the financial means of the applicant; or

(b) are objectively unreasonable having regard to—

(i) the situation of the parties;

(ii) whether the applicant has reasonable prospects of success;

(iii) the importance of what is at stake for the applicant;

(iv) the importance of what is at stake for the environment;

(v) the complexity of the relevant law and procedure; and

(vi) whether the case is frivolous.

(4) The costs and expenses mentioned in paragraph (3) are—

(a) the costs incurred by the applicant in conducting the proceedings; and

(b) the expenses for which the applicant would be liable if the applicant was found liable for the taxed expenses of process, without modification.

Availability of protective expenses orders

58A.2

(1) This rule applies to an application for a protective expenses order in proceedings mentioned in rule 58A.1(1)(a).

(2) Where the person who requested the environmental information is a party to the appeal, that person may apply for a protective expenses order.

(3) The application must be made, except on cause shown—

(a) where the applicant is the appellant, no later than is reasonably practicable after the applicant becomes aware that the appeal is defended;

(b) where the applicant is the respondent, no later than the expiry of the period allowed for the lodging of answers.

(4) Where the court is satisfied that the proceedings are prohibitively expensive, it must make a protective expenses order.

Applications for protective expenses orders

58A.3

(1) This rule applies to an application for a protective expenses order in proceedings mentioned in rule 58A.1(1)(b).

(2) An application for a protective expenses order may be made by the petitioner or the appellant.

(3) The application must be made, except on cause shown, no later than is reasonably practicable after the applicant becomes aware that the petition or appeal is defended.

(4) The court must make a protective expenses order where it is satisfied that—

(a) the applicant is a member of the public concerned;

(b) the applicant has a sufficient interest in the subject matter of the proceedings; and

Terms of protective expenses orders

58A.4

(1) This rule applies to an application for a protective expenses order in proceedings mentioned in rule 58A.1(1)(c).

(2) An application for a protective expenses order may be made by the petitioner or the appellant.

(3) The application must be made, except on cause shown, no later than is reasonably practicable after the applicant becomes aware that the petition or appeal is defended.

(4) The court must make a protective expenses order where it is satisfied that—

(a) the applicant is a member of the public; and

(b) the proceedings are prohibitively expensive.

Determination of terms of a protective expenses orders

58A.5

(1) A protective expenses order is applied for by motion.

(2) Intimation of the motion and of the documents mentioned in paragraph (3) must be given to every other party not less than 14 days before the date of enrolment.

(3) The applicant must lodge with the motion—

(a) a statement setting out—

(i) the grounds for seeking the order;

(ii) the terms on which the applicant is represented;

(iii) an estimate of the expenses that the applicant will incur in relation to the proceedings;

(iv) an estimate of the expenses of each other party for which the applicant may be liable in relation to the proceedings; and

(v) in the case of an application for liability in expenses to be limited to an amount lower or, as the case may be, higher than a sum mentioned in rule 58A.7(1), the grounds on which the lower or higher amount is applied for; and

(b) any documents or other materials on which the applicant seeks to rely.

(4) A party opposing an application for a protective expenses order must lodge with the notice of opposition—

(a) a statement setting out the grounds for opposing the application; and

(b) any documents or other materials on which the party seeks to rely.

CHAPTER 42A — Case management of certain personal injuries actions

Application and interpretation of this Chapter

42A.1

(1) Subject to paragraph (3), this Chapter applies to actions—

(a) proceeding as ordinary actions by virtue of rule 43.1A (actions based on clinical negligence) or rule 43.5 (motions to dispense with timetable);

(b) appointed to the procedure in this Chapter under paragraph (2).

(2) The Lord Ordinary may, after considering the likely complexity of an action and being satisfied that the efficient determination of the action would be served by doing so, appoint an action to which Chapter 43 (actions of damages for, or arising from, personal injuries) applies (including actions relating to catastrophic injuries) to the procedure in this Chapter.

(3) Any party to an action may apply by motion to have the action withdrawn from the procedure in this Chapter.

(4) No motion under paragraph (3) is to be granted unless the court is satisfied that there are exceptional reasons for not following the procedure in this Chapter.

(5) In this Chapter—

“personal injuries” and “personal injuries action” have the meanings assigned to them in rule 43.1(2) (interpretation of Chapter 43);

“proof” includes jury trial.

(6) Rule 22.3 (closing record) does not apply to an action to which this Chapter relates.

Appointment of action to the By Order (Adjustment) Roll

42A.2

(1) The pursuer must, no later than 14 days after the date on which the record is closed—

(a) lodge three copies of the closed record in process;

(b) at the same time, send a copy of the closed record to every other party.

(2) A closed record is to consist of the pleadings of the parties and the interlocutors pronounced in the action.

Lodging of closed record etc.

42A.3

(1) Where a party seeks to have the action appointed to debate, then that party must—

(a) on the lodging of the closed record in process, notify the court and the other party, or parties, that an application for a debate is to be made;

(b) make such application to the court, by motion, not more than 1 week from the date on which the closed record is lodged in process.

(2) The application must include—

(a) the legal argument on which any preliminary plea should be sustained or repelled;

(b) the principal authorities (including statutory provisions) on which the argument is founded.

(3) Following application being made to the court under paragraph (1)(b), before determining whether the action should be appointed to debate the Lord Ordinary is to hear from the parties with a view to ascertaining whether agreement can be reached on the points of law in contention.

(4) The Lord Ordinary, having heard the parties, is to determine whether the action should be appointed to debate.

(5) Where the action is appointed to debate, the Lord Ordinary may order that written arguments on any question of law are to be submitted.

(6) Where, following application made to the court under paragraph (1)(b), the court has determined that a hearing of any debate is not required then the time-frames specified in—

(a) rule 42A.4(3);

(b) rule 42A.5(2);

(d) rule 42A.5(4);

(e) rule 42A.6(2),

commence from the date on which the court has made such a determination.

(7) Where, following application made to the court under paragraph (1)(b), the cause is appointed to debate and is disposed of by the court, other than by decree of dismissal, then the time-frames specified in—

(a) rule 42A.4(3);

(b) rule 42A.5(2);

(d) rule 42A.5(4);

(e) rule 42A.6(2),

commence from the date on which the court disposes of all or any of the preliminary pleas.

Hearing on the By Order (Adjustment) Roll

42A.4

(1) Subject to paragraph (2), the court must, as soon as practicable after the closed record is lodged in process, fix a date for a case management hearing.

(2) Where a party seeks to have the action appointed to debate, the court must not fix a date for a case management hearing until such time as the court has determined such application and, as the case may be, disposed of the preliminary pleas at debate.

(3) Subject to rule 42A.3(6) and (7), the case management hearing fixed under this rule is to be not less than 16 weeks from the date on which the closed record is lodged in process.

Pre-proof timetable

42A.5

(1) Where an application for debate has been made in terms of rule 42A.3(1)(b), this rule is subject to rule 42A.3(6) or (7), as the case may be.

(2) The parties must, no later than 3 weeks after the date on which the closed record is lodged in process, exchange—

(a) reports, in draft form, from all skilled persons upon whose evidence the parties anticipate relying in the case;

(b) lists of witnesses (including their addresses and, where known, their occupations), in draft form;

(c) statements of all witnesses, who are named on the lists which are provided under sub-paragraph (b), which are available, and where any statement is not exchanged, an explanation as to why such a statement is not available;

(d) lists, in draft form, showing the discipline or expertise, of the skilled persons whom the parties have either instructed or intend to instruct, as the case may be, other than those already disclosed under sub-paragraph (a).

(3) The parties must, no later than 7 weeks after the date on which the closed record is lodged in process—

(a) exchange statements of the provisional valuation of the claim, in draft form, together with any available vouching;

(b) exchange written statements containing proposals for further procedure for providing the information required by rule 42A.6(2)(a), in draft form;

(d) exchange lists, in draft form, of all documentation in the possession of the parties relevant to the issues in dispute and upon which the parties intend to rely, to include—

(i) details of the institutions from which the parties have obtained medical records;

(ii) a note of the pagination of such medical records, and of any other records (such as social security, schools and social work records), including the dates which the records span;

(e) consider whether a meeting between skilled persons would be useful and, if so, at what stage of the action;

(f) make any requests for information to each other, to include—

(i) facilities for precognoscing witnesses;

(ii) statements from witnesses who are listed on the list mentioned in paragraph(2)(b) which have not yet been provided.

(4) The pursuer must, no later than 9 weeks after the date on which the closed record is lodged in process, send to the defender—

(a) a joint minute, in draft form, which includes—

(i) all matters, including matters admitted in the pleadings;

(ii) a glossary of terminology (such as medical or technical terms);

(iii) any heads of damage;

(iv) a chronology of events, as an appendix to the joint minute,

which are either agreed, or are considered by the pursuer capable of being agreed, by the parties;

(b) a paginated joint bundle, in draft form, of—

(i) medical records containing all the records from each institution;

(ii) other records (such as social security, schools and social work records),

in the possession of the pursuer which are relevant to the issues in dispute and upon which the pursuer intends to rely.

(5) The defender must, no later than 3 weeks after the date on which the defender received the draft joint minute and the draft paginated joint bundle of records, return to the pursuer—

(a) the joint minute, either in unamended form or following any revisals having been made to it, as required, by the defender;

(b) the paginated joint bundle of records, following the addition into the bundle of any further records in the possession of the defender,

relevant to the issues in dispute and upon which the defender intends to rely.

(6) Documents, when in draft form—

(a) must not be lodged with the court;

(b) must not be put in evidence at a proof or used in any other way, unless by consent of the parties.

55.5A

At any time before final judgment, the intellectual property judge may, at his own instance or on the motion of any party, have an intellectual property cause put out for hearing for further procedure; and the intellectual property judge may make such order as he thinks fit.

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

24.6

(1) This rule applies where a party—

(a) is a party to more than one cause depending before the court; and

(b) wishes the pleadings in those causes to be amended to reflect a change in the party’s name.

(2) A party mentioned in paragraph(1) may apply to the court for the pleadings in each of the affected causes to be amended by the substitution of the new name for the old name—

(a) in the instance or, as the case may be, address;

(b) in any averments or, as the case may be, statement of facts which have the sole purpose of identifying or designating that party by name.

(3) The application shall be made by motion and include—

(a) a list of all of the affected causes;

(b) official evidence of the change of name (for example, an extract of an entry in the register of companies or an extract of an entry in a register held by the National Records of Scotland);

(c) a statement that the applicant has informed all other parties in the affected causes of the applicant’s intention to make the application and that the other parties have been given a reasonable opportunity to object to the amendment of the pleadings.

(4) Subject to paragraph (5), the motion shall be placed before a Lord Ordinary in chambers for determination.

(5) Where any of the affected causes is in the Inner House, the application shall be placed before an Inner House judge in chambers for determination.

(6) An interlocutor pronounced under this rule shall have effect as an interlocutor in each of the affected causes.

(7) A party to any of the affected causes may apply to the court for a determination made under this rule to be reconsidered in respect of that cause.

Evidence overseas

76.37A

An application under section282D(4) of the Act of 2002 (evidence overseas: interim receiver or interim administrator) shall be made by note in process.

CHAPTER 104 — JUSTICE AND SECURITY ACT 2013

Interpretation and application of this Chapter

104.1

(1) In this Chapter—

“the Act of 2013” means the Justice and Security Act 2013;

“Advocate General” means the Advocate General for Scotland;

“closed material application” means an application of the kind mentioned in section8(1)(a) of the Act of 2013;

“legal representative” is to be construed in accordance with section14(1) of the Act of 2013;

“relevant civil proceedings” is to be construed in accordance with section14(1) of the Act of 2013;

“relevant person” is to be construed in accordance with section14(1) of the Act of 2013;

“section6 proceedings” is to be construed in accordance with section14(1) of the Act of 2013;

“sensitive material” is to be construed in accordance with section14(1) of the Act of 2013;

“special advocate” means a person appointed under section9(1) of the Act of 2013;

“specially represented party” means a party whose interests a special advocate represents.

(2) This Chapter applies to closed material proceedings under Part2 of the Act of 2013.

Potential disclosure: notification to Secretary of State

104.2

(1) This rule applies where the Secretary of State is not a party to relevant civil proceedings and a declaration under section6 of the Act of 2013 has not been applied for or made.

(2) Where it appears to a party that they may be required to disclose material which might be damaging to the interests of national security the party shall notify the court in writing.

(3) Where the court has been notified in accordance with paragraph (2), or it appears to the court that a party may be required to disclose material which might be damaging to the interests of national security, the court shall—

(a) notify the Secretary of State in writing;

(b) order that the material is not to be disclosed.

(4) Within 14days of being notified in accordance with paragraph(3) the Secretary of State shall respond in writing to the court—

(a) confirming that the Secretary of State intends to apply for a declaration under section6 of the Act;

(b) confirming that the Secretary of State does not intend to apply for such a declaration; or

(5) The court may make such orders as it thinks necessary pending the Secretary of State’s response.

Closed material declaration: applications

104.3

(1) An application under the following provisions of the Act of 2013 shall be made by lodging a note in process with the Deputy Principal Clerk—

(a) section6(2)(a) (declaration permitting closed material applications in proceedings);

(b) section7(4)(a) (review and revocation of declaration under section6).

(2) The note shall include, in numbered paragraphs, statements of reasons in support of the application.

(3) Where, in relation to an application under section6(2)(a) of the Act of 2013, the applicant is the Secretary of State, the note shall include the Secretary of State’s reasons for not making, or not advising another person to make, a claim for public interest immunity in relation to the material in question.

(4) An application mentioned in paragraph(1)(a) shall be intimated to those persons mentioned in paragraph(6) no later than 14days before the application is made.

(5) An application mentioned in paragraph(1)(b) shall be intimated to those parties mentioned in paragraph (6) no later than 28 days before the application is made.

(6) An application shall be intimated to—

(a) the Deputy Principal Clerk;

(b) the parties to the proceedings;

(d) where a special advocate has been appointed, the special advocate.

(7) The court may vary the period of notice mentioned in paragraph(4) or (5) on cause shown.

Initial diets

104.4

(1) On receipt of an application under rule104.3(1) (closed material declaration: applications), or where directed to do so by the court acting of its own motion under section6(2)(b) or 7(4)(b) of the Act of 2013, the Deputy Principal Clerk shall allocate an initial diet for the court’s consideration to begin.

(2) The Deputy Principal Clerk shall, unless the court otherwise directs, notify the time and date of the initial diet to those parties mentioned in rule104.3(6)(b) to (d).

(3) Where the court is acting of its own motion the notification mentioned in paragraph(2) shall be on a period of notice of 28days.

(4) Parties shall, no later than the date of the initial diet, lodge with the Deputy Principal Clerk any answers or, as the case may be, written submissions that are to be founded upon at the initial diet.

(5) Where the application is unopposed the court may determine the application in chambers.

(6) At the initial diet parties shall state their proposals for further procedure and the court shall make such orders for further procedure as it thinks fit.

(7) The court may discharge the initial diet and make such orders for further procedure as it thinks fit.

Hearing on applications

104.5

(1) Where the court has fixed a hearing on the application under rule104.4(6) or (7), the Deputy Principal Clerk shall, unless the court otherwise directs, notify the time and date to those parties mentioned in rule104.3 (6)(b) to (d).

(2) The hearing shall take place in the absence of the specially represented party and the specially represented party’s legal representatives.

(3) Within seven days of the application being determined, the applicant shall serve a copy of the interlocutor on the parties to the proceedings.

Evidence

104.6

Subject to the provisions of the Act of 2013—

(a) where the court hears any evidence it shall do so in accordance with existing law and practice as to the taking of evidence in civil proceedings in Scotland; and

(b) Chapter 35 (recovery of evidence) continues to apply.

Formal review of declaration

104.7

(1) For the purposes of section7(3) of the Act of 2013 a formal review shall take place after the court has fixed a hearing to determine the merits of the proceedings.

(2) Where paragraph(1) applies the court shall proceed as mentioned in rule104.4 (initial diets).

Closed material procedure: application

104.8

(1) This rule applies where there is a declaration under section6 of the Act of 2013.

(2) The relevant person may apply to the court for permission not to disclose sensitive material otherwise than to—

(a) the court;

(b) any person appointed as a special advocate;

(3) The application shall be made by lodging a note in process with the Deputy Principal Clerk.

(4) The note shall include, in numbered paragraphs, statements of reasons in support of the application and the sensitive material in question.

(5) A copy of the note in process shall be served only on the special advocate and, where the Secretary of State is not the relevant person, the Secretary of State.

(6) The relevant person may at any time amend or supplement material lodged under this rule, but only with the agreement of the special advocate or the permission of the court.

(7) The relevant person may not rely on sensitive material at a hearing unless a special advocate has been appointed to represent the interests of the specially represented party.

(8) Documents lodged in relation to an application shall be kept separately from the process by the Deputy Principal Clerk.

(9) Documents lodged in relation to an application shall not be borrowed or inspected by any party other than by a legal representative of the Secretary of State or by any special advocate.

(10) The following shall not apply to the application—

(a) rule 4.5(1)(b) (copy of inventory of productions to be sent to other parties);

(b) rule 4.6 (intimation of steps of process);

Consideration of closed material procedure application or objection to special advocate’s communication

104.9

(1) This rule applies where—

(a) the relevant person has applied under rule 104.8 (closed material procedure: application); or

(b) the Secretary of State has objected under rule 104.13(6) (special advocate: communicating about proceedings) to a proposed communication by the special advocate.

(2) The court shall fix a hearing for the relevant party, the Secretary of State and the special advocate to make representations.

(3) The court may determine an application or objection in chambers where—

(a) the special advocate gives notice that he or she does not challenge the application or objection;

(b) the court has previously, in determining the application for a declaration under section6 of the Act of 2013, found that the first condition in that section is met in relation to the same or substantially the same material and is satisfied that it would be just to give permission without a hearing;

(i) an application under rule104.8 for permission to withhold the same or substantially the same material; or

(ii) an objection under rule104.13(6) to the same or substantially the same proposed communication; and

is satisfied that it would be just to give permission or uphold the objection without a hearing; or

(d) the relevant person, the Secretary of State and the special advocate consent to the court deciding the case without a hearing.

(4) Where the special advocate does not challenge the application or the objection, he or she must give notice of that fact to the court, the relevant person and the Secretary of State no later than—

(a) 14 days after being notified in accordance with rule104.8(5), or

(b) such other period as the court may direct.

(5) Where the court fixes a hearing under this rule, the relevant person, the Secretary of State and the special advocate shall, before the hearing, lodge with the Deputy Principal Clerk a joint minute identifying the issues which cannot be agreed between them.

(6) A hearing under this rule shall take place in the absence of the specially represented party and the specially represented party’s legal representatives.

(7) Where the court has, in determining an application for a declaration under section 6 of the Act of 2013, found that the first condition in that section is met in relation to any material, it may give permission to withhold that material without a hearing in relation to that material.

Closed material procedure: non-disclosure of sensitive material etc.

104.10

(1) Where the court gives permission to the relevant person not to disclose sensitive material, the court must—

(a) consider whether to direct the relevant person to serve a summary of that material on the specially represented party and the specially represented party’s legal representative; but

(b) ensure that any such summary does not contain information or other material the disclosure of which would be damaging to the interests of national security.

(2) If the court is satisfied that the relevant person does not intend to rely on sensitive material, and that that material does not adversely affect the relevant person’s case or support the case of another party to the proceedings, the court may direct that the relevant person must not rely in the proceedings on that material, without first requiring the relevant person to serve a summary of that material on the specially represented party and the specially represented party’s legal representative.

(3) Where the court has not given permission to the relevant person not to disclose sensitive material to, or has directed the relevant person to serve a summary of that material on, the specially represented party and the specially represented party’s legal representative—

(a) the relevant person shall not be required to serve that material or summary; but

(b) if the relevant person does not do so, at a hearing the court may—

(i) if it considers that the material or anything that is required to be summarised might be of assistance to the specially represented party in relation to a matter under consideration by the court, direct that the matter is withdrawn from its consideration or that the relevant person makes such concessions or takes such other steps as the court may direct; and

(ii) in any other case, direct that the relevant person must not rely in the proceedings on that material or, as the case may be, on what is required to be summarised.

(4) The court must give permission to the relevant person not to disclose sensitive material where it considers that disclosure of that material would be damaging to the interests of national security.

Appointment of special advocate

104.11

(1) Where the Secretary of State has given or received notification of an application under rule 104.3(1) (closed material declaration: applications) he or she shall give notice of the proceedings to the Advocate General (who, under section9(1) of the Act of 2013, has the power to appoint a special advocate).

(2) Paragraph(1) applies unless a special advocate has already been appointed and that special advocate is not prevented from communicating with the specially represented party by virtue of rule 104.13.

(3) Where a special advocate has not been appointed any party or, as the case may be, the Secretary of State may request that the Advocate General appoint a special advocate.

(4) On the appointment of any special advocate, the Advocate General shall intimate the name of the special advocate to the Deputy Principal Clerk in writing.

Functions of a special advocate

104.12

The functions of a special advocate are to represent the interests of a specially represented party by—

(a) making submissions to the court at any hearing or part of a hearing from which the specially represented party and the specially represented party’s legal representatives are excluded;

(b) leading evidence and cross-examining witnesses at any such hearing, or part of a hearing;

Special advocate: communicating about proceedings

104.13

(1) The special advocate may communicate with the specially represented party or the specially represented party’s legal representative at any time before a relevant person serves sensitive material on the special advocate.

(2) After the relevant person serves sensitive material on the special advocate, the special advocate shall not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph(3) or with a direction of the court pursuant to a request under paragraph(4).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a) the court;

(b) the relevant person (where this is not the Secretary of State);

(d) the Advocate General or any person acting for the Advocate General; or

(e) any other person, except the specially represented party or the specially represented party’s legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the court authorising the special advocate to communicate with the specially represented party or the specially represented party’s legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph(4) the court must notify the relevant person and (where the relevant person is not the Secretary of State) the Secretary of State of the request, and of the content of the proposed communication and the form in which it is proposed to be made.

(6) The relevant person or the Secretary of State shall, within a period specified by the court, lodge with the court and serve on the special advocate notice of any objection which the relevant person or the Secretary of State has to the proposed communication or to the form in which it is proposed to be made.

(7) Paragraph (2) does not prohibit the specially represented party from communicating with the special advocate after the relevant person has served material on the special advocate but—

(a) the specially represented party may only communicate with the special advocate through the specially represented party’s legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions of the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the specially represented party’s legal representative.

Opinions of the court

104.14

(1) Where the court issues an opinion in any proceedings to which this Chapter applies, it may withhold any or part of its reasons if and to the extent that it would not be possible to give those reasons without disclosing information which would be damaging to the interests of national security.

(2) Where an opinion of the court does not include the full reasons for its decision—

(a) the court shall prepare a separate opinion including those reasons; and

(b) the Deputy Principal Clerk shall serve that separate opinion on the relevant person, the Secretary of State (where not the relevant person) and the special advocate.

Participation of Secretary of State

104.15

(1) Where the court makes a declaration under section6 of the Act of 2013 and the Secretary of State is not already a party to the relevant civil proceedings, the court shall sist the Secretary of State as a party to the proceedings.

(2) Paragraph(1) does not apply where the Secretary of State has informed the court in writing that he or she does not wish to be sisted as a party to the proceedings.

Hearings in private

104.16

(1) Unless otherwise provided for in this Chapter, if the court considers it necessary for any party and that party’s legal representative to be excluded from any hearing or part of a hearing in order to secure that information is not disclosed where disclosure would be damaging to the interests of national security, it must—

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which that party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.

(2) The court may conduct a hearing or part of a hearing in private for any other good reason.

(3) In this rule “hearing” includes initial diet.

Required application for urgent disposal of certain reclaiming motions

38.11A

Where a party reclaims against an interlocutor in relation to an order under section 11(1) of the Children (Scotland) Act 1995, the reclaimer shall seek urgent disposal of the reclaiming motion under rule 38.11(1).

Objections to the competency of reclaiming

Timetable in reclaiming motion

Sist or variation of timetable in reclaiming motion

Failure to comply with timetable in reclaiming motion

Procedural hearing in reclaiming motion

Amendment of pleadings in reclaiming motion

Grounds of appeal in reclaiming motion

Lodging of appendices in reclaiming motion

Notes of evidence not extended when agreed

Single Bills

Required application for urgent disposal of appeal against certain interlocutors

40.9A

On lodging an appeal print under rule 40.7(2)(b) in respect of an appeal marked against an interlocutor of an inferior court containing an order made under section 11(1) of the Children (Scotland) Act 1995, the appellant shall seek urgent disposal of the appeal under rule 40.9(1).

Objections to the competency of appeals

Timetable in appeal from inferior court

Sist or variation of timetable in appeal from inferior court

Failure to comply with timetable in appeal from inferior court

Procedural hearing in appeal from inferior court

Appeals deemed abandoned

Reponing against deemed abandonment

Amendment of pleadings in appeals

Grounds of appeal

Lodging of appendices in appeals

Notes of evidence not extended when agreed in appeals

Referral to family mediation in appeals from the Sheriff Appeal Court

Use of Gaelic

Single Bills

Replacement liquidators: block transfer orders

CHAPTER 105 — LAND REGISTRATION ETC.

Interpretation of this Chapter

105.1

In this Chapter—

“the 2012 Act” means the Land Registration etc. (Scotland) Act 2012;

“plot of land” has the meaning given by section 3(4) and (5) of the 2012 Act;

“proprietor” has the meaning given by section 113(1) of the 2012 Act.

Applications under Part 6 of the 2012 Act

105.2

(1) An application under section 67(2) (warrant to place a caveat) of the 2012 Act shall be made by motion.

(2) The motion shall—

(a) identify, by reference to section 67(1) of the 2012 Act, the type of civil proceedings constituted by the cause;

(b) in respect of each plot of land, contain—

(i) a description of the registered plot of land;

(ii) the title number; and

(iii) the name and address of the proprietor;

(c) where the caveat is to apply only to part of a plot of land, be accompanied by a plan indicating the part so affected.

(3) An application under the following provisions of the 2012 Act shall be made by motion—

(a) section 69(1) (renewal of caveat);

(b) section 70(1) (restriction of caveat);

Form of orders under Part 6 of the 2012 Act

105.3

(1) An order under section 67(3) or 69(2) of the 2012 Act shall be in Form 105.3-A.

(2) An order under section 70(2) of the 2012 Act shall be in Form 105.3-B.

(3) An order under section 71(2) of the 2012 Act shall be in Form 105.3-C.

Effect of warrant to place or renew caveat

105.4

A certified copy of the order in Form 105.3-A may be registered in the Registers of Inhibitions and Adjudications.

Form of decree of reduction

105.5

Where a deed mentioned in section 46A(2) of the Conveyancing (Scotland) Act 1924 is reduced, the decree of reduction shall be in Form 105.5.

Form of order for rectification of a document

105.6

An order for rectification under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 in respect of a document which has been registered in the Land Register of Scotland shall be in Form 105.6.

Averments where divorce sought on ground of issue of interim gender recognition certificate

49.6A

(1) This rule applies to an action of divorce in which divorce is sought on the ground that an interim gender recognition certificate has been issued to either party.

(2) In an action to which this rule applies, the pursuer shall state in the condescendence of the summons—

(a) where the pursuer is the party to whom the interim gender recognition certificate was issued, whether or not the Gender Recognition Panel has issued a full gender recognition certificate to the pursuer, and

(b) where the defender is the party to whom the interim gender recognition certificate was issued, whether—

(i) since the issue of the interim gender recognition certificate, the pursuer has made a statutory declaration consenting to the marriage continuing, and

(ii) the Gender Recognition Panel has given the pursuer notice of the issue of a full gender recognition certificate to the defender.

Warrants for arrestment or inhibition on dependence

Warrants for intimation in family actions

Intimation where relevant association

Productions in action of divorce, dissolution of civil partnership, or where section 11 order may be made

Execution of service on, or intimation to, local authority

Notice of actions by advertisement

Service in cases of mental disorder of defender

Notices in certain actions of divorce or separation

Notices in certain actions of dissolution of civil partnership or separation of civil partners

Orders for intimation by the court

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