Statutory Instrument 1993 No. 3240 (S.314)

Act of Sederunt (Sheriff Court Summary Application Rules) 1993

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© Crown Copyright 1993

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1993 No. 3240 (S.314)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Sheriff Court Summary Application Rules) 1993

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 32 of the Sheriff Courts (Scotland) Act 1971^[1] and of all other powers enabling them in that behalf, having approved, with modifications, draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act, do hereby enact and declare:

Citation and commencement
    1.—(1)  This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Summary Application Rules) 1993 and shall come into force on 1st January 1994.

    (2)  This Act of Sederunt shall be inserted in the Books of Sederunt.

Summary application rules
    2.    The provisions of Schedule 1 to this Act of Sederunt shall have effect for the purpose of providing rules for summary applications within the meaning of section 3(p) of the Sheriff Courts (Scotland) Act 1907^[2].

Revocations
    3.    The Acts of Sederunt specified in column 1 of Schedule 2 to this Act of Sederunt are revoked to the extent specified in column 3 of that Schedule.

Savings for summary applications already commenced
    4.    Nothing in this Act of Sederunt shall affect any summary application commenced before the date of the coming into force of this Act of Sederunt and any such summary application shall proceed according to the law and practice in force immediately before that date.

J.A.D. Hope

Lord President, IPD
Edinburgh,

14th December 1993

[1] 1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12 and the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4). back

[2] 1907 c. 51. back

Explanatory Note