Act of Sederunt (Chancery Procedure Rules) 2006

Paragraph 2(1)

SCHEDULE CHANCERY PROCEDURE RULES

Citation

1.  These Rules may be cited as the Chancery Procedure Rules.

Application and interpretation

2.—(1) These Rules apply to–

(a) applications to the Sheriff of Chancery under section 26A or 26B of the 1868 Act; and

(b) petitions to the Sheriff of Chancery under section 10 of the 1874 Act.

(2) In these Rules–

“the 1868 Act” means the Titles to Land Consolidation (Scotland) Act 1868(1);

“the 1874 Act” means the Conveyancing (Scotland) Act 1874(2); and

“sheriff clerk of Chancery” includes the sheriff clerk depute of Chancery.

(3) Where there is a reference to the use of a form in these Rules, that form in the Appendix to these Rules, or a form substantially to the same effect, shall be used with such variation as circumstances may require.

Form and subscription

3.  The application or petition shall be–

(a) in one or other of Forms 1 to 11, as the case may be; and

(b) subscribed by the applicant or petitioner or his solicitor, as the case may be.

Publication

4.—(1) Subject to rule 5 (evidence), the application or petition shall not be proceed until the expiry of 21 days from the date of publication.

(2) Publication of the application or petition shall be by display of a copy of the petition on the walls of court.

(3) Publication of the application or petition shall be made–

(a) in the case of an application for declarator under section 26A of the 1868 Act to which paragraph (a)(i) of that section applies (deceased domiciled in Scotland)–

(i) in the sheriff court of the sheriff court district in which the deceased died domiciled; or

(ii) where the deceased died domiciled in Scotland but had at the time of death no fixed or known domicile in any sheriff court district, in the sheriff court at Edinburgh;

(b) in the case of an application for declarator under section 26B of the 1868 Act to which paragraph (c)(i) of that section (trust governed by the law of Scotland) applies, in the sheriff court at Edinburgh; or

(c) in the case of any other application or petition, in the sheriff court of each sheriff court district in which the lands which are the subject of the application or petition are situated.

(4) On publication, the sheriff clerk shall send to the sheriff clerk of Chancery a certificate in Form 12.

Evidence

5.—(1) Evidence may be received at any time after an application or petition is accepted for publication.

(2) Any written statement (including an affidavit) or report, admissible under section 2(1)(b) of the Civil Evidence (Scotland) Act 1988(3), may be recorded in evidence without being spoken to by a witness notwithstanding that it was made before the application or petition was accepted for publication.

APPENDIX

(1)

1868 c. 101 (31 and 32 Vict.).

(2)

1874 c. 94 (37 and 38 Vict.).

(3)

1988 c. 32.