Search Legislation

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

38Intimation of certain applications to the High Court

This section has no associated Explanatory Notes

After section 298 of the 1995 Act there is inserted—

Intimation of certain applications to the High Court
298AIntimation of bills and of petitions to the nobile officium

(1)This subsection applies where the prosecutor requires to intimate to the respondent—

(a)a bill of advocation;

(b)a petition to the nobile officium; or

(c)an order of the High Court relating to such a bill or (as the case may be) petition.

(2)Where subsection (1) above applies, the requirement may be met by serving on the respondent or the respondent’s solicitor a copy of the bill, petition or (as the case may be) order.

(3)Service under subsection (2) above may (in relation to any proceedings) be effected—

(a)on the respondent, in the same manner as citation under section 141 of this Act;

(b)on the respondent’s solicitor, by post.

(4)This subsection applies where a person requires to intimate to the prosecutor—

(a)a bill of suspension or advocation;

(b)a petition to the nobile officium; or

(c)an order of the High Court relating to such a bill or (as the case may be) petition.

(5)Where subsection (4) above applies, the requirement may be met by serving on the prosecutor a copy of the bill, petition or (as the case may be) order.

(6)Service under subsection (5) above may (in relation to any proceedings) be effected by post.

(7)It is sufficient evidence that service has been effected under subsection (3) or (6) above if there is produced a written execution—

(a)in the form prescribed by Act of Adjournal or as nearly as may be in such form; and

(b)signed by the person who effected service.

(8)In relation to service effected by means of registered post or the recorded delivery service, the relevant post office receipt requires to be produced along with the execution mentioned in subsection (7) above.

(9)A party who has service effected under subsection (3) or (6) above must, as soon as practicable thereafter, lodge with the Clerk of Justiciary a copy of the execution mentioned in subsection (7) above.

(10)For the purpose of subsection (3)(a) above, section 141 of this Act is to be read with such modifications as are necessary for its application in the circumstances.

(11)This section is without prejudice to any rule of law or practice by virtue of which things of the kinds mentioned in subsections (1) and (4) above (including copies) may be intimated or served..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources