Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Bankruptcy and Diligence etc. (Scotland) Act 2007) 2008

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes amendments to the Rules of the Court of Session 1994.

Paragraph 3 makes provision in relation to interim diligence, including a new Chapter 14A in relation to proceedings under the Bankruptcy (Scotland) Act 1985 which takes account of the amendments made to that Act by the Bankruptcy and Diligence etc. (Scotland) Act 2007.

Provision is made as follows:

(a) a form of application for interim diligence;

(b) the effect of authority for inhibition on the dependence;

(c) that applications for recall, restriction or varying etc of arrestment or inhibition are to be made by motion;

(d) that incidental applications in relation to interim diligence are to be made by motion;

(e) a form of schedule of inhibition on the dependence and a form for service of inhibition where the address of the defender is not known;

(f) that references to arrestment on the dependence before service of a initial writ or summons are removed;

(g) that the rules as they applied immediately before the coming into force of this Act of Sederunt will continue to apply to any application for arrestment on the dependence made before that date.

Paragraph 4 substitutes a new Chapter 72 in relation to proceedings under the Bankruptcy (Scotland) Act 1985 which takes account of the amendments made to that Act by the Bankruptcy and Diligence etc. (Scotland) Act 2007.