Citation and commencement, etc.

1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Simple Procedure) 2016.

(2) It comes into force on 28th November 2016.

(3) A certified copy is to be inserted in the Books of Sederunt.

The Simple Procedure Rules

2.-(1) Schedule 1 contains rules for simple procedure cases and may be cited as the Simple Procedure Rules.

(2) A form referred to in the Simple Procedure Rules means-

(a)the form with that name in Schedule 2, or

(b)an electronic version of the form with that name in Schedule 2, adapted for use by the Scottish Courts and Tribunals Service with the portal on its website.

(3) Where the Simple Procedure Rules require a form to be used, that form may be varied where the circumstances require it.

Interpretation of the Simple Procedure Rules

3.-(1) In the Simple Procedure Rules-

"a case where the expenses of a claim are capped" means a simple procedure case-

"a decision absolving the responding party" means a decree of absolvitor;

"a decision ordering the responding party to deliver something to the claimant" means a decree for delivery or for recovery of possession;

"a decision ordering the responding party to do something for the claimant" means a decree ad factum praestandum;

"advocate" means a practising member of the Faculty of Advocates;

"any time before the decision of the sheriff has been fully implemented" means, where a charge or arrestment has been executed, any time within 14 days of that execution (or, where there has been more than one, the first such execution);

"a person otherwise entitled to conduct proceedings in the sheriff court" means any person so entitled, including a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(6), but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act;

"a question of EU law" means a question which might lead to a reference to the Court of Justice of the European Union for-

"child's property administration order" means an order under section 11(1) of the Children (Scotland) Act 1995(9);

"Child Witness Notice" means a child witness notice under section 12(2) of the Vulnerable Witnesses (Scotland) Act 2004(10);

"damages management order" means an order about how a sum of money awarded as damages is to be paid to and managed for a person under a legal disability;

"Equality Act 2010 claim" means a claim which, in Scotland, the sheriff has jurisdiction to determine as a result of section 114(1) of the Equality Act 2010(11);

"EU member state" means a state which is a member of the European Union, within the meaning of Part II of Schedule 1 to the European Communities Act 1972(12);

"Hague Convention country" means a country in respect of which the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters is in force, other than an EU member state(13);

"independent person" means a commissioner before whom evidence is taken in accordance with section 19 of the Vulnerable Witnesses (Scotland) Act 2004(14);

"next-day postal service which records delivery" means a postal service which-

"order for time to pay" means-

"ordinary cause" means an action under the Ordinary Cause Rules 1993(18);

"pause a case" means sist a case;

"postal service which records delivery" means a postal service which provides for the delivery of documents or other things by post to be recorded;

"provisional order" means a warrant for-

"Provisional Orders Reconsideration Application" means an application under-

"provisional orders review hearing" means a hearing under-

"restart a case" means recall a sist;

"schedule of inhibition" means a schedule of inhibition in the form prescribed by regulation 3(1)(a) of and Schedule 1 to the Diligence (Scotland) Regulations 2009(25);

"Service Regulation" means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000, as amended from time to time and as applied by the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil and commercial matters;

"Sheriff Personal Injury Court" means the all-Scotland sheriff court sitting by virtue of the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015(26);

"Special Measures Review Application" means an application under section 13 of the Vulnerable Witness (Scotland) Act 2004(27);

"solicitor" means a qualified solicitor under section 4 of the Solicitors (Scotland) Act 1980(28);

"standard order" means one of the standard orders in Schedule 3;

"the principles of simple procedure" means the principles in rule 1.2;

"trading name" means the trading or descriptive name of a person, partnership, limited liability partnership or company;

"Vulnerable Witness Application" means a vulnerable witness application under section 12(6) of the Vulnerable Witnesses (Scotland) Act 2004(29).

(2) In Part 2 of the Simple Procedure Rules, "other legislation" means any enactment which entitles a person to act as a lay representative in a simple procedure case.

(3) In Part 11 of the Simple Procedure Rules, "supporter" means a supporter within the meaning of section 22(1) of the Vulnerable Witnesses (Scotland) Act 2004(30).

(4) In Part 17 of the Simple Procedure Rules, "initial writ", "intimate", "defences", "options hearing" and "lodging" have the meaning they have in the Ordinary Cause Rules 1993(31).

Warrants

4.-(1) In the Simple Procedure Rules-

(a)a claim being registered-

(i)is warrant for the service of the Claim Form on the respondent;

(ii)is warrant for the citation of witnesses;

(b)a Response Form being registered is warrant for the citation of witnesses;

(c)a certified copy of a written order granting a provisional order is sufficient authority for execution of the diligence specified in the provisional order;

(d)in Part 11, a sheriff ordering a witness to be brought to court-

(i)is warrant for the apprehension of that witness and for having that witness brought to court,

(ii)that warrant is effective in all sheriffdoms without endorsation, and

(iii)the expenses of that warrant may be awarded against the witness.

(2) In a claim for delivery in a simple procedure case, the court may-

(a)grant warrant to search for and take possession of goods and to open shut and lockfast places, and

(b)that warrant only applies to premises occupied by the respondent.

Arrestment to found jurisdiction

5.-(1) This paragraph applies to a simple procedure case where the claimant has used an arrestment to found jurisdiction before the Claim Form is formally served on the respondent.

(2) The service of the arrestment must be reported to the sheriff clerk as soon as possible.

(3) The arrestment ceases to have effect unless the Claim Form is formally served on the respondent within 21 days from the date of formal service of the arrestment.

Paragraph 2(1)

SCHEDULE 1The Simple Procedure Rules

PART 1: An overview of simple procedure

PART 2: Representation and support

PART 3: How to make a claim

PART 4: How to respond to a claim

PART 5: How to ask for time to pay

PART 6: Sending and formal service

PART 7: What happens to a case

PART 8: Orders

PART 9: Applications

PART 10: Documents and other evidence

PART 11: Witnesses

PART 12: The hearing

PART 13: The decision

PART 14: Expenses

PART 15: How to enforce a decision

PART 16: How to appeal a decision

PART 17: Miscellaneous matters

PART 18: Formal service in Scotland

PART 19: Formal service outside Scotland

PART 20: Provisional orders

PART 21: Glossary

Paragraph 2(2)

SCHEDULE 2Forms

Paragraph 3(1)

SCHEDULE 3Standard Orders

EXPLANATORY NOTE

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

This Act of Sederunt makes provision about the procedure to be followed in simple procedure cases. It comes into force on 28 November 2016, when the first set of cases will become subject to simple procedure. Those will be cases which formerly would have proceeded as a small claim, but which have a value of £5,000 or less.

The Act of Sederunt

Paragraph 2 introduces the Simple Procedure Rules in Schedule 1 ("the Rules") and the forms for use with simple procedure in Schedule 2. It also provides for the Scottish Courts and Tribunals Service ("SCTS") to be able to adapt those forms for use with the litigation portal on the SCTS website.

Paragraph 3 contains interpretation provision for the Rules, including provision which renames certain aspects of civil procedure, such as the use of the word ‘pause' for ‘sist'.

Paragraph 4 provides for certain steps in simple procedure to be warrant for taking certain actions.

Paragraph 5 provides for arrestments to found jurisdiction in simple procedure.

Schedule 1 – The Simple Procedure Rules

Part 1 of the Rules is an overview of simple procedure, the principles of simple procedure, the persons involved in a simple procedure case and their responsibilities.

Part 2 of the Rules is about who may represent a party, and what that representative may and may not do. It is also about who may provide support to a party in the courtroom, and what that courtroom supporter may and may not do.

Part 3 of the Rules is about how the claimant makes a claim and what the court will do with that claim.

Part 4 of the Rules is about how the respondent responds to a claim and what the court will do with that response.

Part 5 of the Rules is about how the respondent may ask for time to pay if a claim for payment of a sum of money is admitted, and how the claimant can consent or object to that.

Part 6 of the Rules is about what has to be done when the Rules require something to be sent to someone. It is also about what has to be done when the Rules require a document to be formally served on someone.

Part 7 of the Rules is about what happens after a Response Form has been received and what happens if no Response Form is received.

Part 8 of the Rules is about the orders which the sheriff can give to manage or decide a case.

Part 9 of the Rules is about applications which parties may make to the court to ask for things to be done in a case.

Part 10 of the Rules is about how the parties should lodge documents and other evidence with the court before a hearing. It is also about how parties can apply for orders to recover documents from other people.

Part 11 of the Rules is about the citation of witnesses and their attendance at hearings. It is also about measures that the court can take to assist vulnerable witnesses in giving evidence.

Part 12 of the Rules is about the hearing at which the dispute between the parties should be resolved.

Part 13 of the Rules is about the decisions which the sheriff can make to resolve a dispute. It is also about the circumstances in which a party can apply to have a decision recalled.

Part 14 of the Rules is about the expenses of a claim which the sheriff can order a party to pay for.

Part 15 of the Rules is about when and by whom a decision can be enforced. It is also about the steps which a successful claimant must take to enforce a decision.

Part 16 of the Rules is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal.

Part 17 of the Rules is about some miscellaneous matter which can arise during a case.

Part 18 of the Rules is about how to formally serve a document on someone living in Scotland.

Part 19 of the Rules is about how to formally serve a document on someone outside Scotland.

Part 20 of the Rules is about provisional orders which protect or secure the claimant's position before the sheriff makes a final decision in a case.

Part 21 of these Rules contains a guide for litigants, lay representatives and courtroom supporters to the meaning of certain legal words and expressions used in these rules.

Schedule 2 – Forms

Schedule 2 contains the forms for use with simple procedure.

Schedule 3 – Standard Orders

Schedule 3 contains standard orders which the sheriff may use in a simple procedure case.