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

• (2) The sheriff clerk must serve a copy of the order on the person against whom it has effect.

• (3) For the purposes of paragraph (2), a copy of the order is served—

• (a) where the person against whom the order has effect is present in court when the order is made—

• (i) by giving it to the person and obtaining a receipt therefor;

• (ii) by sending it to the person by recorded delivery or registered post; or

• (iii) by causing it to be served by sheriff officer; or

• (b) where the person against whom the order has effect is not present in court when the order is made—

• (i) by sending it to the person by recorded delivery or registered post; or

• (ii) by causing it to be served by sheriff officer.

• (4) A failure by the sheriff clerk to comply with this rule does not invalidate the order.

FORM 76

FORM 77

Application for an order

3.41.1A

• (1) A party to the proceedings may apply to the court for an order under this Part to restrict the reporting of the proceedings.

• (2) An application for an order under this Part must be made by motion and be accompanied by Form 58A.

Interim orders

Representations

Notification of reporting restrictions

Applications for variation or revocation

Electronic Communications Code orders

3.50.3

Rules 3.50.4 to 3.50.7 apply to an application for an Electronic Communications Code order.

Form of application

3.50.4

• (1) An application is to be made by summary application.

• (2) The application is to include averments narrating how the conditions specified in—

• (a) paragraph 27ZE(1) (requirements to be met before applying for an order under this Part), in respect of an application for a Part 4ZA order; or

• (b) in paragraph 27D(1) (requirements to be met before applying for an order under this Part), in respect of an application for a Part 4A order,

of the Code have been met.

• (3) When lodging an application for a Part 4A order, the pursuer is to lodge a copy of the notices required by paragraph 27C (requirements to be met before applying for an order under this Part) of the Code.

Warrants, forms and certificate of citation

3.50.5

• (1) A warrant of citation is to be in Form 2C (form of warrant of citation for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003).

• (2) Citation in respect of a warrant granted under paragraph (1) is to be in Form 3C (form of citation for summary application for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003).

• (3) When serving a copy of the initial writ and warrant of citation, the applicant is to append thereto Form 5B (form of defender’s opposition to application for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003).

Opposition to application

3.50.6

• (1) Where a defender opposes an application, a notice of opposition must be lodged in Form 5B within the period of notice.

• (2) The defender must intimate a copy of the notice of opposition to the pursuer.

• (3) When a notice of opposition is lodged with the court, the sheriff must dismiss the application.

Procedure where no notice of opposition is lodged

3.50.7

Where no notice of opposition has been lodged with the court within the period of notice—

• (a) the pursuer may return the application, together with a completed certificate of service, to the sheriff clerk requesting that the sheriff make an order granting the application in absence; and

• (b) the sheriff may, thereafter—

• (i) determine the application without a hearing; and

• (ii) grant decree in absence.

FORM 78

FORM 79

FORM 80

FORM 81

Statutory interveners – interpretation

Application to intervene

Invitation to intervene