Search Legislation

Act of Sederunt (Chancery Procedure Rules) 2006

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Paragraph 2(1)

SCHEDULECHANCERY 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.).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources