Act of Sederunt (Sheriff Court Rules Amendment) (European Small Claims Procedure and European Order for Payment Procedure) 2017

Amendments to the Act of Sederunt (Sheriff Court European Order for Payment Procedure Rules) 2008

3.—(1) The Act of Sederunt (Sheriff Court European Order for Payment Procedure Rules) 2008(1) is amended in accordance with this paragraph.

(2) In rule 2(1) (interpretation)(2), before the definition of “the Regulation” insert—

““European Small Claim” means a claim presented under the procedure established by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11th July 2007 establishing a European Small Claims Procedure(3), and “European Small Claims Procedure” is interpreted accordingly;”.

(3) In rule 5 (opposition to European order for payment)—

(a) in paragraph (2)(4), for “The proceedings” substitute “Subject to paragraph (2A), unless the claimant has explicitly requested that the proceedings not continue as follows, the proceedings”;

(b) after paragraph (2) insert—

“(2A) Where the claimant has requested that the European Small Claims Procedure is to apply to the claim and the claim falls within the scope of that procedure, the proceedings shall continue under the European Small Claims Procedure and the sheriff is to make an order containing such provision as the sheriff thinks fit for the purpose of bringing the proceedings into line with an appropriate stage of proceedings under that procedure.”; and

(c) in paragraph (3)—

(i) after “paragraph (2)” insert “or (2A)”;

(ii) in sub-paragraph (a), after “the rules” insert “or procedure”; and

(iii) in sub-paragraph (b), after “those rules” insert “or procedure”.

(4) In the schedule (forms), in Form 1 (statement of opposition)(5) after “[simple procedure case]” insert “[a European Small Claim]”.

(1)

S.S.I. 2008/436, as amended by S.S.I. 2016/367.

(2)

Rule 2(1) was amended by S.S.I. 2016/367.

(3)

OJ L 199, 31.7.2007, p.1, as amended by Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16th December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure (OJ L 341, 24.12.2015, p.1).

(4)

Rule 5(2) was amended by S.S.I. 2016/367.

(5)

Form 1 was amended by S.S.I. 2016/367.