Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

Petition against undue return

3.11.12

• (1) When on the trial of a petition complaining of an undue return and claiming the office for some person, the respondent intends to give evidence to prove that that person was not duly elected, such respondent shall, 5 days before the day appointed for the trial, deliver to the sheriff clerk, and send by first class post to the petitioner and the Lord Advocate, a list of the objections to the election upon which he intends to rely.

• (2) No evidence shall be allowed to be given by a respondent in support of any objection to the election not specified in such list except by leave of the sheriff principal granted upon such terms as to the amendment of the list, postponement of the trial, and payment of expenses as to him may seem fit.

Prescribed officer

3.11.13

The sheriff clerk shall be the prescribed officer for the purposes of sections 143(1) (expenses of witnesses) and 155(2) (neglect or refusal to pay costs) of the Act.

Leave to abandon

3.11.14

• (1) Application for leave to withdraw a petition in terms of section 147(1) of the Act (withdrawal of petition), shall be made by minute in Form 17 and shall be preceded by written notice of the intention to make it, sent by first class post to–

• (a) the respondent;

• (b) the Lord Advocate; and

• (c) the returning officer.

• (2) The returning officer shall forthwith publish the fact of his having received such notice in the area for which the election questioned was held.

• (3) The sheriff principal, upon the application being laid before him, shall by interlocutor, fix the time, not being earlier than 8 days after the date of the interlocutor, and place for hearing it.

• (4) The petitioner shall, at least 6 days before the day fixed for the hearing, publish in a newspaper circulating in the district named in the interlocutor a notice in Form 18.

Death of petitioner

3.11.15

• (1) In the event of the death of the sole petitioner, or of the last survivor of several petitioners, the sheriff clerk shall forthwith, upon the fact being brought to his knowledge, insert in a newspaper circulating in the district a notice in Form 19.

• (2) The time within which any person who might have been a petitioner in respect of the election may apply to the court by minute in the petition proceedings to be substituted as a petitioner shall be 21 days from the date of publication of such notice.

Notice by respondent that he does not oppose petition

3.11.16

• (1) Notice that a respondent does not intend to oppose a petition shall be given by leaving a written notice to that effect at the office of the sheriff clerk at least 6 days (exclusive of the day of leaving such notice) before the day fixed for the trial.

• (2) On such notice being left with the sheriff clerk, or on its being brought to his knowledge that a respondent other than a returning officer has died, resigned, or otherwise ceased to hold the office to which the petition relates, the sheriff clerk shall forthwith–

• (a) advertise the fact once in a newspaper circulating in the district; and

• (b) send intimation thereof by first class post to–

• (i) the petitioner;

• (ii) the Lord Advocate; and

• (iii) the returning officer, who shall publish the fact in the district.

• (3) The advertisement to be made by the sheriff clerk shall state the last day on which, under this Part, application to be admitted as a respondent to oppose the petition can be made.

Application to be admitted as respondent

3.11.17

Application to be admitted as a respondent to oppose a petition on the occurrence of any of the events mentioned in section 153(1) of the Act (withdrawal and substitution of respondents before trial) must be made by minute in the petition proceedings within 10 days after the date of publication of the advertisement mentioned in rule 3.11.16, unless the sheriff principal on cause shown sees fit to extend the time.

Public notice of trial not proceeding

3.11.18

• (1) This rule applies where after the notice of trial has been published the sheriff clerk receives notice of–

• (a) the petitioner’s intention to apply for leave to withdraw;

• (b) the respondent’s intention not to oppose;

• (c) the abatement of the petition by death; or

• (d) the occurrence of any of the events mentioned in section 153(1) of the Act.

• (2) Where this rule applies the sheriff clerk shall forthwith give notice by advertisement inserted once in a newspaper circulating in the district, that the trial will not proceed on the day fixed.

Notice to a party’s agent sufficient

3.11.19

Where a party to proceedings under this Part is represented by a solicitor any reference to such party shall, where appropriate, be construed as a reference to the solicitor representing that party and a notice sent to his solicitor shall be held to be notice to the party.

Cost of publication

3.11.20

Where under this Part the returning officer or the sheriff clerk requires to have published a notice or advertisement, the cost shall be paid in the first instance by the petitioner or in the case of a notice under rule 3.11.15 from the estate of the sole or last surviving petitioner and shall form part of the general expenses of the petition.

Expenses

3.11.21

The expenses of petitions and other proceedings under the Act shall be taxed by the auditor of the sheriff court.

PART XII — REQUESTS OR APPLICATIONS UNDER THE MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

Interpretation

3.12.1

In this Part, “the Model Law” means the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration as set out in Schedule 7 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990⁴⁷.

Application

3.12.2

• (1) Subject to sub-paragraph (2), any request or application which may be made to the sheriff under the Model Law shall be made by summary application.

• (2) Where proceedings involving the same arbitration and the same parties are already pending before the sheriff under this Part, a further application or request may be made by note in the same process.

• (3) The sheriff shall order service of such summary application or note to be made on such persons as he considers appropriate.

Recognition and enforcement of awards

3.12.3

• (1) There shall be lodged along with an application under Article 35 of the Model Law–

• (a) the original arbitration agreement or certified copy thereof;

• (b) the duly authenticated original award or certified copy thereof; and

• (c) where appropriate, a duly certified translation in English of the agreement and award.

• (2) An application under this paragraph shall specify whether to the knowledge of the applicant–

• (a) the arbitral award has been recognised, or is being enforced, in any other jurisdiction; and

• (b) an application for setting aside or suspension of the arbitral award has been made to a court of the country in which or under whose law the award was made.

• (3) Where the sheriff is satisfied that an arbitral award should be recognised and enforced, he shall so order and shall instruct the sheriff clerk to register the award in the Books of the Sheriff Court for execution.

PART XIII — SEX DISCRIMINATION ACT 1975

Interpretation

3.13.1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

3.13.2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Taxation of Commission expenses

3.13.3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings under section 66 of the Act

3.13.4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 — FORMS

FORM A1

Rule 2.4(1)

FORM 1

Form of initial writ

Rule 2.4(1)

FORM 2

Form of warrant of citation

Rule 2.7(4)(a)

FORM 2A

Form of warrant of citation

Rule 3.18.3(1)

FORM 2B

FORM 2C

FORM 3

Form of citation for summary application

Rule 2.7(4)(a)

FORM 3A

Form of citation for summary application

Rule 3.18.3(2)

FORM 3B

FORM 3C

FORM 4

Form of warrant of citation where time to pay direction may be applied for

Rule 2.7(5)

FORM 5

Form of notice to be served on defender where time to pay direction or time order may be applied for

FORM 5A

Form of pursuer's response objecting to application for time to pay direction or time order

Rule 2.22(4)

FORM 5B

FORM 6

Form of citation where time to pay direction may be applied for in summary application

Rule 2.7(7)

FORM 6ZA

Form of warrant of citation in an application to which rule 2.7(7ZA) (a) applies

Rule 2.7(7ZA)(a)

FORM 6ZB

Form of citation in an application to which rule 2.7(7ZA) (a) applies

Rule 2.7(7ZA)(b)

FORM 8

Form of caveat

Rule 2.9(1)

FORM 9

Form of advertisement

Rule 2.13(1)(a)

SCHEDULE 2 — REVOCATIONS

(1)	(2)	(3)
Act of Sederunt	Reference	Extent of Revocation
Codifying Act of Sederunt 1913	SR & O 1913/638	Book L, Chapter X (proceedings under the Representation of the People Act 1983)
Codifying Act of Sederunt 1913	SR & O 1913/638	Book L, Chapter XI (appeals to the Court under the Pilotage Act 1913)
Act of Sederunt Regulating Appeals under the Pharmacy and Poisons Act 1933	SR & O 1935/1313	The whole Act of Sederunt
Act of Sederunt (Betting, Gaming and Lotteries Act Appeals) 1965	1965/1168	The whole Act of Sederunt
Act of Sederunt (Housing Appeals) 1966	1966/845	The whole Act of Sederunt
Act of Sederunt (Sheriff Court Procedure under Part IV of the Housing (Scotland) Act 1969) 1970	1970/1508	The whole Act of Sederunt
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1976	1976/374	The whole Act of Sederunt
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) No 2 1976	1976/1851	The whole Act of Sederunt
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1977	1977/973	The whole Act of Sederunt
Act of Sederunt (Appeals under the Licensing (Scotland) Act 1976) 1977	1977/1622	The whole Act of Sederunt
Act of Sederunt (Betting and Gaming Appeals) 1978	1978/229	The whole Act of Sederunt
Act of Sederunt (Appeals under the Rating (Disabled Persons) Act 1978) 1979	1979/446	The whole Act of Sederunt
Act of Sederunt (Copyright, Designs and Patents) 1990	1990/380	The whole Act of Sederunt
Act of Sederunt (Proceedings in the Sheriff Court under the Model Law on International Commercial Arbitration) 1991	1991/2214	The whole Act of Sederunt
Act of Sederunt (Coal Mining Subsidence Act 1991) 1992	1992/798	The whole Act of Sederunt
Act of Sederunt (Applications under Part III of the Criminal Justice (International Co-operation) Act 1990) 1992	1992/1077	The whole Act of Sederunt
Act of Sederunt (Sheriff Court Summary Application Rules) 1993	1993/3240	The whole Act of Sederunt
Act of Sederunt (Mental Health Rules) 1996	1996/2149	The whole Act of Sederunt
Act of Sederunt (Proceeds of Crime Rules) 1996	1996/2446	The whole Act of Sederunt

Signed

Rodger of Earlsferry — Lord President, I.P.D — 19th March 1999

Explanatory note

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

This Act of Sederunt consolidates with minor and drafting amendments rules of the Sheriff Court relating to statutory applications and appeals. It also incorporates the Sheriff Court Summary Application Rules. Rules replaced by the consolidated rules are revoked in Schedule 2.

Chapter 1 contains general rules in relation to citation, commencement, interpretation, revocation and application.

Chapter 2 contains those rules in relation to summary applications, previously provided for in the Act of Sederunt (Sheriff Court Summary Application Rules) 1993.

• Part I contains rules as to interpretation.

• Part II contains general rules in relation to summary applications.

Chapter 3 contains specific provision in relation to applications, proceedings and appeals under certain enactments which are to be dealt with as summary applications.

• Part I contains specific provision in relation to applications under section 1(1) of the Administration of Justice (Scotland) Act 1972.

• Part II contains specific provision for appeals under the Betting Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976.

• Part III contains specific provision in relation to applications under section 41 of the Coal Mining Subsidence Act 1991.

• Part IV contains specific provision in relation to applications under Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970.

• Part V contains specific provision in relation to proceedings under the Trade Marks Act 1938, the Copyright, Designs and Patents Act 1988 and the Olympics Association Right (Infringement Proceedings) Regulations 1995.

• Part VI contains specific provision in relation to applications under Part II of the Drug Trafficking Act 1994.

• Part VII contains specific provision for appeals under section 39 of the Licensing (Scotland) Act 1976.

• Part VIII contains specific provision in relation to applications under sections 21, 40 and 35A of the Mental Health (Scotland) Act 1984.

• Part IX contains specific provision in relation to proceedings under sections 28, 29, 30, 31 and 33 of, and paragraphs 1, 2, 4, 6 and 12 of Schedule 1 to, the Proceeds of Crime (Scotland) Act 1994.

• Part X contains specific provision for appeals under sections 6(5) and 6(5A) of the Rating (Disabled Persons) Act 1978.

• Part XI contains specific provision in relation to election petitions under the Representation of the People Act 1983.

• Part XII contains specific provision in relation to requests or applications under the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration as set out in Schedule 7 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

• Part XIII contains specific provision in relation to proceedings under the Sex Discrimination Act 1975.

Footnotes

Editorial notes