Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009

Amendment of the Ordinary Cause Rules

3.—(1) The Ordinary Cause Rules(1) are amended in accordance with subparagraphs (2) to (5).

(2) In rule 6.A3 (effect of authority for inhibition on the dependence)(2), for paragraph (2) substitute–

“(2) A notice of a certified copy of an interlocutor granting authority for inhibition under rule 6.A2 may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868(3).”.

(3) Rule 6.A6 (form of schedule of inhibition on the dependence)(4) is revoked.

(4) After rule 6.A7 (service of inhibition on the dependence where address of the defender not known)(5) insert–

“Form of schedule of arrestment on the dependence

6.A8.— (1) An arrestment on the dependence shall be served by serving the schedule of arrestment on the arrestee in Form G4B.

(2) A certificate of execution shall be lodged with the sheriff clerk in Form G4C.”.

(5) In Appendix 1, for Forms G4B and G4C(6) substitute the forms set out in Schedule 2 to this Act of Sederunt.

(1)

The Ordinary Cause Rules are contained in the first Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51), which was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445 , S.S.I. 2000/239 and 408, 2001/8 and 144, 2002/7, 128 and 560, 2003/25 and 26, 2004/197 and 350, 2005/20, 189, 638 and 648 and 2006/207, 293, 410 and 509, 2007/6,339, 440 and 463 and 2008/121, 223 and 365.

(2)

Rule 6.A3 was inserted by S.S.I. 2008/121.

(3)

1868 c. 101.Section 155(2) was substituted by the Bankruptcy and Diligence etc. (Scotland) Act 2007, section 149.

(4)

Rule 6.A6 was inserted by S.S.I. 2008/121.

(5)

Rule 6.A7 was inserted by S.S.I. 2008/121.

(6)

Forms G4B and G4C were inserted by S.S.I. 2008/121.