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SCOTTISH STATUTORY INSTRUMENTS

2007 No. 6
SHERIFF COURT
Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007

	Made	12th January 2007
	Coming into force in accordance with paragraph 1(1) and (2)

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971[1], and of all other powers enabling them in that behalf, having approved 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 (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 and, subject to sub-paragraph (2), shall come into force on 29th January 2007.

    (2) Paragraph 2(14), (15) and (16)(f) to (k) shall come into force on 26th February 2007.

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

Amendment of Ordinary Cause Rules
     2. —(1) The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907[2] shall be amended in accordance with the following sub-paragraphs.

    (2) In rule 1.2(1) (interpretation), after the definition of "document" there shall be inserted the following:–

" "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;".

(3) In rule 1.3 (representation) after paragraph (2) there shall be inserted the following:–

(4) In rule 3.3 (warrants of citation)[3]–

4

(5) In rule 5.2 (form of citation and certificate)[5]–

(6) In rule 7.2(1)(minute for granting decree without attendance)–

(7) In rule 7.3 (applications for time to pay directions in undefended causes)–

" ; or

(c) in paragraph (2), after "direction" there shall be inserted "or time order".

(8) For rule 9A.4[6] there shall be substituted the following:–

Applications in respect of time to pay directions, arrestments and time orders

9A.4.

An application for–

in a cause which is defended, shall be made by motion lodged before the sheriff grants decree.".

(9) In rule 18.5 (service of amended pleadings), in paragraph (1)(a)(i), after "1987" there shall be inserted "or a time order under the Consumer Credit Act 1974".

(10) In rule 28.2 (applications for commission and diligence for recovery of documents or for orders under section 1 of the Administration of Justice (Scotland) Act 1972)–

(a) for paragraph (3)(c)[

7

and, if there is any doubt, both."; and

(b) for paragraph (5) (hearing) there shall be substituted the following:–

(11) After rule 30.9 (service of charge where address of defender not known) there shall be inserted the following:–

Expenses

30.10.

A party who–

may be awarded any expenses or outlays to which a party litigant may be found entitled under the Litigants in Person (Costs and Expenses) Act 1975[8] or any enactment under that Act.".

(12) For rule 31.2(3) (applications for leave to appeal) there shall be substituted the following:–

shall specify the question of law on which the appeal is made.".

(13) After Chapter 32 (taxation of expenses) there shall be inserted the following:–

" Chapter32A

LIVE LINKS

32A.1.

—(1) On cause shown, a party may apply by motion for authority for the whole or part of–

through a live link.

(2) In paragraph (1)–

"witness" means a person who has been or may be cited to appear before the court as a witness;

"submission" means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of a motion; and

"live link" means a live television link or such other arrangement as may be specified in the motion by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.".

(14) In rule 33.27A (applications for postponement of decree under section 3A of the Act of 1976)[9]–

(15) For rule 33.73(1)(g)[10] (application of Part XI: simplified divorce applications) there shall be substituted the following:–

11

(16) In Appendix 1–

(b) in Form 03–

SERVICE

Time Orders

HOW TO APPLY FOR A TIME TO PAY DIRECTION

OR TIME ORDER

1987

or

A TIME ORDER UNDER THE CONSUMER CREDIT ACT 1974

or

(c) in Form 05[12]–

(d) in Form 06[13], after "direction" there shall be inserted "or time order";

(e) in Form 08–

(f) in Form F31[14]–

" I do NOT ask the court to postpone the grant of decree under section 3A of the Divorce (Scotland) Act 1976.";

(g) in Form F33[15]–

" I do NOT ask the court to postpone the grant of decree under section 3A of the Divorce (Scotland) Act 1976.";

16

" I do NOT ask the court to postpone the grant of decree under section 3A of the Divorce (Scotland) Act 1976.";

17

(i) in Form F35[18]–

(j) in Form F35A[19]–

2A.

Amendment of Summary Application Rules
3. —(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999[20] shall be amended in accordance with the following sub-paragraphs.

(2) In rule 1.2(1) (interpretation), after "requires–" there shall be inserted the following:–

" "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;".

(3) In rule 2.7 (warrants, forms and certificates of citation)–

(4) In rule 2.22 (applications for time to pay directions)–

" ; or

(c) in paragraph (2), after "direction" there shall be inserted "or time order".

(5) After rule 2.31 (power of sheriff to make orders) there shall be inserted the following:–

Live links

2.32.

—(1) On cause shown, a party may apply by motion for authority for the whole or part of–

through a live link.

(2) In paragraph (1)–

"witness" means a person who has been or may be cited to appear before the court as a witness;

"submission" means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of a motion; and

"live link" means a live television link or such other arrangement as may be specified in the motion by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.

Representation
     2.33. —(1) A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment.

    (2) The person referred to in paragraph (1) may do everything for the preparation and conduct of an action as may have been done by an individual conducting his own action.

Expenses
     2.34. —(1) A party who–

(a) is or has been represented by a person authorised under any enactment to conduct proceedings in the sheriff court; and

(b) would have been found entitled to expenses if he had been represented by a solicitor or an advocate,

May be awarded expenses or outlays to which a party litigant may be found entitled under the Litigants in Person (Costs and Expenses) Act 1975[

21

(6) In Schedule 1–

(b) in Form 5–

SERVICE

Time orders

HOW TO APPLY FOR A TIME TO PAY DIRECTION

OR TIME ORDER

What happens if my offer to pay is accepted?

What happens if my offer to pay is rejected?

PAY

OR A TIME ORDER

OR A TIME ORDER UNDER THE CONSUMER CREDIT ACT 1974

(c) in Form 6–

Form 5

IF YOU ADMIT THE CLAIM AND WISH TO APPLY

DIRECTION

OR TIME ORDER

(d) in Form 7, after "direction" there shall be inserted "or a time order".

Amendment of Summary Cause Rules
4. —(1) The Act of Sederunt (Summary Cause Rules) 2002[22] is amended in accordance with the following sub-paragraphs.

(2) In rule 1.1(2) (interpretation), after the definition of "authorised lay representative" there shall be inserted the following:–

" "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;".

(3) In rule 2.1(representation)–

(b) in paragraph (3), for "an authorised lay representative" there shall be substituted "the persons referred to in paragraph (1)(c) and (d) above".

    (4) In rule 23.3 (expenses), in paragraphs (3) and (4)(i), after "representative" there shall be inserted "or a person authorised under any enactment to conduct proceedings in the sheriff court".

    (5) In rule 24.1(7) (recall of decree), for "in terms of rule 8.3" there shall be substituted "as a hearing held under rules 8.2(3) to (7) and 8.3".

    (6) In rule 30.4 (preservation of defender's goods and effects) "and the defender is neither present nor represented" shall be omitted.

    (7) After Chapter 36 (equality enactments)[23] there shall be inserted–

" Chapter 37

LIVE LINKS

37.1.

—(1) On cause shown, a party may apply by incidental application for authority for the whole or part of–

through a live link.

(2) in paragraph (1)–

"witness" means a person who has been or may be cited to appear before the court as a witness;

"submission" means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of an incidental application; and

"live link" means a live television link or such other arrangement as may be specified in the incidental application by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the court room.".

Amendment of Small Claim Rules
5. The Act of Sederunt (Small Claim Rules) 2002[24] shall be amended as follows:–

" "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;".

(c) in rule 21.6(3) (expenses), in sub-paragraphs (b) and (c)(i), after "representative" there shall be inserted "or a person authorised under any enactment to conduct proceedings in the sheriff court";

(d) in rule 22.1(8) (recall of decree: hearing), for "the Hearing held in terms of rule 9.1(2)" there shall be substituted "a Hearing under rules 9.1(4) to (8) and 9.2";

(e) after Chapter 26 (equality enactments)[25] there shall be inserted the following:–

" Chapter 27

LIVE LINKS

27.1.

—(1) On cause shown, a party may apply by incidental application for authority for the whole or part of–

through a live link.

(2) in paragraph (1)–

"witness" means a person who has been or may be cited to appear before the court as a witness;

"submission" means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of an incidental application; and

"live link" means a live television link or such other arrangement as may be specified in the incidental application by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.".

A C HAMILTON
Lord President, I.P.D.

Edinburgh
12th January 2007