Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2008

Explanatory Note

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

Paragraph 2 of this Act of Sederunt amends the Sheriff Court Ordinary Cause Rules in relation to late appearance in family and civil partnership actions. In each case, a rule is introduced whereby a defender who does not lodge a notice of intention to defend may subsequently participate in the proceedings or, if decree is granted, may apply for recall of the decree.

Paragraph 3 inserts, into the Ordinary Cause Rules, new rules 33.51A and 33A.48A which apply where a party applies for specified orders under the Family Law (Scotland) Act 1985. These rules require a party who has received notification under the Pension Protection Fund (Provision of Information) Regulations 2005 to inform the other party within a specified time period and to lodge and send to that other party specified relevant documentation.

Paragraphs 4, 5, 6 and 7 insert new Chapters 13A and 13B into the Ordinary Cause Rules, new rules 2.37 to 2.41 into the Summary Application Rules, new Chapters 14A and 14B into the Summary Cause Rules and new Chapters 13A and 13B into the Small Claim Rules to provide for the procedure in relation to the intervention in proceedings by the Commission for Equality and Human Rights and the Scottish Commission for Human Rights. Consequential amendments are also made to the rules in relation to claims under the equality enactments, including a provision requiring the intimation of such a claim to the Commission for Equality and Human Rights.

Paragraph 8 amends the Summary Cause Rules to clarify that an application for time to pay in response to a summons for the recovery of heritable property which includes a claim for payment of money is not to be taken as an admission of the heritable claim.

Paragraphs 9 and 10 amend the Judicial Factors Rules 1992 and the Sheriff Court Company Insolvency Rules 1986 to make provision in relation to Council Regulation (E.C.) No. 1346/2000 on insolvency proceedings.

Paragraph 11 makes provision for an application for authority to make a video recording of proceedings before a commissioner appointed to take the evidence of a witness.

Paragraphs 12 and 13 amend the Sheriff Court Company Insolvency Rules 1986 and the Judicial Factors Rules 1992 to make provision to allow a party to be represented by a person authorised under an enactment to conduct proceedings in the sheriff court and for the recovery of expenses by that party.

Paragraph 14 makes several further amendments to the Summary Application Rules, including repeal of part II of Chapter 3.

Paragraph 15 makes minor amendments to the Act of Sederunt (Consumer Credit Act 1974) 1985, updating references to the Summary Cause Rules and to the Consumer Credit Act 1974.

Paragraph 16 amends the Child Support Rules 1993 removing the requirement on an offender to provide any counterpart driving licence, as a consequence of changes made by the Road Safety Act 2007.