Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004

Amendment of Small Claim Rules

5.—(1) The Act of Sederunt (Small Claim Rules) 2002(1) is amended in accordance with paragraphs (2) to (4).

(2) In rule 4.4 (authentication and effect of summons)–

(a) at the end of paragraph (1)(c), insert–

“; or

(d) a warrant for arrestment on the dependence, or to found jurisdiction, is sought”;

(b) in paragraph (2), for “, (b) or (c)” substitute “to (d)”; and

(c) after paragraph (3), insert–

“(4) Where a warrant for arrestment on the dependence, or to found jurisdiction, is sought, averments to justify that warrant must be included in the statement of claim.”.

(3) In rule 6.5 (service on persons outwith Scotland)–

(a) for paragraph (4), substitute–

“(4) If the document requires to be served in a country to which the Council Regulation applies, service–

(a) may be effected by the methods prescribed in paragraph (3)(b) or (c) only in exceptional circumstances; and

(b) is effected only if the receiving agency has informed the person that acceptance of service may be refused on the ground that the document has not been translated in accordance with paragraph (12).”;

(b) in paragraph (12), omit from “an official language” to the end of that paragraph and insert on a new line–

“(a) an official language of the country in which service is to be executed; or

(b) in a country to which the Council Regulation applies, a language of the member state of transmission that is understood by the person on whom service is being executed.”; and

(c) after paragraph (14), insert–

“(15) In this rule “the Council Regulation” means Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.”.

(4) In rule 11.1 (counterclaim), for paragraphs (3) and (4) substitute–

“(3) Where a counterclaim stated in accordance with paragraph (1)(b)(i) seeks a warrant for arrestment on the dependence, the sheriff may authenticate the warrant if–

(a) averments to justify the grant of the warrant are included in the counterclaim; and

(b) the sheriff considers that appropriate.”.

(1)

S.S.I. 2002/133; amended by S.S.I. 2003/26.