- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: