Citation and commencement, etc.

1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Sittings of the Court) 2017.

(2) It comes into force on 1st January 2018.

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

Amendment of the Rules of the Court of Session 1994

2.-(1) The Rules of the Court of Session 1994(3) are amended in accordance with this paragraph and paragraph 3(1) to (6).

(2) For Chapter 10 (sittings of the court) substitute-

"CHAPTER 10COURT SITTINGS

Session of the court

10.1.-(1) Except in vacation, the court shall be in session throughout the year and, subject to paragraph (2), shall-

(a)normally sit on Tuesday, Wednesday, Thursday and Friday of each week;

(b)normally sit between 1000 hours and 1600 hours, with an appropriate adjournment for lunch;

(c)not sit-

(i)on a public holiday;

(ii)on such other days as the Lord President may, in exceptional circumstances, direct.

(2) The court may sit-

(a)on a Monday where it is considered desirable to do so;

(b)on a Saturday, Sunday or public holiday where it is desirable to do so to determine a matter of urgency.

(3) For the purposes of these Rules, a "sitting day" is a day on which the court sits under paragraph (1)(a) or a vacation sitting day.

Vacation

10.2.-(1) During vacation, the court-

(a)shall normally sit on a vacation sitting day;

(b)may sit, on days other than vacation sitting days, where it is desirable to do so.

(2) The court shall not sit on-

(a)a public holiday;

(b)such other days as the Lord President may, in exceptional circumstances, direct.

(3) During vacation, one or more of the judges of the court shall act from time to time as a vacation judge sitting in court or in chambers.

(4) The vacation judge shall deal with the business of the vacation judge under rule 11.1(1) on such days and at such times as it is desirable to do so.

(5) A Division of the Inner House may sit during vacation, whether or not on a vacation sitting day, to determine urgent business which cannot competently be determined by the vacation judge.

Holiday dates, periods and vacation sitting days

10.3.  In these Rules-

"public holiday" means any of the dates or parts of days in the following table-

"vacation" is any of the periods in the following table beginning with the date in the first column and ending with the date in the corresponding second column-

"vacation sitting day" means any of the dates in the following table-

Consequential amendments

3.-(1) In the provisions mentioned in paragraph (2), for "sederunt" substitute "sitting".

(2) The provisions mentioned are-

• rule 4.7(2) and (3) (lodging of documents in Inner House causes);

• rule 13.13(3)(a) (calling);

• rule 23.1G(3) (enrolling opposed motions by email);

• rule 70.8(4)(c) (transfer of causes); and

• rule 88.6(b) (application for transfer of case involving parental responsibilities to foreign court).

(3) In rule 23.6(2) (hearing of motions) omit "in session outwith a term or".

(4) In rule 23.7 (motions in session outwith a term or in vacation)-

(a)in the heading omit "in session outwith a term or";

(b)in paragraph (1) omit "in session outwith a term, or";

(c)in paragraph (4) omit "of the lord Ordinary in session outwith a term or"; and

(d)in paragraph (5) omit "the Lord Ordinary in session outwith a term or".

(5) In rule 23.14 (appearance by solicitor for certain motions) omit paragraph (2).

(6) In rule 77.4(2) (presentation to Lord Ordinary) for "sederunt day of the following term" substitute "sitting day after that vacation".

(7) In section 5 of the Debts Securities (Scotland) Act 1856(4), for "sederunt days" substitute "sitting days within the meaning of the Rules of the Court of Session 1994".

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 set out when the Court of Session sits.

It provides for a new Chapter 10 on court sittings. New rule 10.3 lists the public holidays, vacation periods and vacation sitting days of the Court up to the end of 2020. These dates (other than those beyond September 2020) were previously set out in Direction No.1 of 2016 made under Chapter 10. The Court shall sit throughout the year except during two brief vacation periods at Christmas and Easter. During vacation Court business shall be dealt with either by the vacation judge or, where necessary, a Division of the Inner House.

Consequential amendments to the Rules of the Court of Session 1994 are made by paragraph 3.