Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 2) (Miscellaneous) 2014

Amendment of the Ordinary Cause Rules

3.—(1) The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

(2) In rule 6.A4(1) (recall etc. of arrestment or inhibition)(1)—

(a) the existing rule becomes paragraph (1);

(b) after paragraph (1), insert—

“(2) A motion under paragraph (1) shall—

(a) specify the name and address of each of the parties;

(b) where it relates to an inhibition, contain a description of the inhibition including the date of registration in the Register of Inhibitions and Adjudications.”.

(3) After Chapter 50 (lodging audio or audio-visual recordings of children)(2), insert—

“CHAPTER 51 LAND REGISTRATION ETC.

Interpretation of this Chapter

51.1.   In this Chapter—

“the 2012 Act” means the Land Registration etc. (Scotland) Act 2012(3);

“plot of land” has the meaning given by section 3(4) and (5) of the 2012 Act;

“proprietor” has the meaning given by section 113(1) of the 2012 Act.

Applications under Part 6 of the 2012 Act

51.2.— (1) An application under section 67(2) (warrant to place a caveat) of the 2012 Act shall be made by motion.

(2) The motion shall—

(a) identify, by reference to section 67(1) of the 2012 Act, the type of civil proceedings constituted by the action;

(b) in respect of each plot of land, contain—

(i) a description of the registered plot of land;

(ii) the title number; and

(iii) the name and address of the proprietor;

(c) where the caveat is to apply only to part of a plot of land, be accompanied by a plan indicating the part so affected.

(3) An application under the following provisions of the 2012 Act shall be made by motion—

(a) section 69(1) (renewal of caveat);

(b) section 70(1) (restriction of caveat);

(c) section 71(1) (recall of caveat).

Form of orders under Part 6 of the 2012 Act

51.3.— (1) An order under section 67(3) or 69(2) of the 2012 Act shall be in Form 51.3-A.

(2) An order under section 70(2) of the 2012 Act shall be in Form 51.3-B.

(3) An order under section 71(2) of the 2012 Act shall be in Form 51.3-C.

Effect of warrant to place or renew caveat

51.4.   A certified copy of an order in Form 51.3-A may be registered in the Register of Inhibitions and Adjudications.

Form of order for rectification of a document

51.5.   An order for rectification under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985(4) in respect of a document which has been registered in the Land Register of Scotland shall be in Form 51.5.”.

(4) In Appendix 1, after Form 49.11-H (form of certificate of execution of arrestment of ship or cargo on the dependence), insert the Forms set out in Schedule 2 to this Act of Sederunt.

(1)

Rule 6.A4 was inserted by S.S.I. 2008/121.

(2)

Chapter 50 was inserted by S.S.I. 2012/271.

(3)

2012 asp 5, amended by S.I. 2013/1575; 2014 c.14; and S.S.I. 2014/190.

(4)

1985 c.73. Section 8 is prospectively amended (from 8 December 2014) by the Land Registration etc. (Scotland) Act 2012 (asp 5), section 55 and schedule 5, paragraph 30.