Act of Sederunt (Rules of the Court of Session Amendment No.6 ) (Actions of harassment) 1997

Made: 12th June 1997

Coming into force: 16th June 1997

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988 ([^f00001] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.6) (Actions of harassment) 1997 and shall come into force on 16th June 1997.

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

Actions of harassment

2

• (1) After Chapter 43 of the Rules of the Court of Session 1994 ([^f00002] insert–

(43A.1) – (1) This Chapter applies to an action of harassment within the meaning of section 8(2) of the 1997 Act. (2) In this Chapter– - “the 1997 Act” means the Protection from Harassment Act 1997[^f00003] - “non-harassment order” means an order granted under section 8(5)(b)(ii) of the 1997 Act. (43A.2) An application under section 8(7) of the 1997 Act after final decree in an action of harassment for the variation or revocation of a non-harassment order shall be made by minute in the process of the action to which the application relates.

Signed

Rodger of Earlsferry — Lord President, I.P.D. — 12th June 1997

Explanatory note

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

This Act of Sederunt amends the Rules of the Court of Session 1994 to provide for the procedure by which variation or revocation of a non-harassment order is to be made.

Footnotes

[^f00001]: 1988 c. 36. Section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(3) and by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 45.

[^f00002]: S.I. 1994/1443.

[^f00003]: 1997 c. 40.