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Act of Sederunt (Rules of the Court of Session Amendment No.7) (Miscellaneous) 1999

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Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session 1994(1) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 22.2(4) (party enrolling motion during adjustment period to lodge copy of record), for “lodge in process” there shall be substituted “make available for the use of the court”.

(3) In rule 42.14(3)(b) (which specifies a factor to be taken into account in determining whether an additional fee is to be allowed), at the end there shall be added “or the exceptional urgency of the steps taken by him”.

(4) After rule 49.27 there shall be inserted—

Expenses of curator ad litem appointed to a child

49.27A.  Where in any family action a curator ad litem is appointed to a child, the pursuer shall be responsible, in the first instance, for payment of the fees and outlays of the curator ad litem incurred during the period from his appointment until the occurrence of any of the following events—

(a)the lodging of a minute by the curator stating that he does not intend to lodge defences;

(b)the curator instructing the lodging of defences or a minute adopting defences which are already lodged; or

(c)the discharge, before the occurrence of the events mentioned in sub-paragraphs (a) and (b), of the curator..

(5) In rule 59.1 (applications for letters of arrestment or inhibition)—

(a)in paragraph (1)—

(i)the word “or” immediately preceding sub-paragraph (e) shall be omitted; and

(ii)after that sub-paragraph there shall be added

or

(f)Form 59.1-F (inhibition on contract for transfer of heritable property); and

(b)in paragraph (4), after “59.1-D” there shall be inserted “or is in Form 59.1-F”.

(6) In the Appendix, after Form 59.1-E there shall be inserted as Form 59.1-F the form in the Schedule to this Act of Sederunt.

(1)

S.I. 1994/1443.

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