Act of Sederunt (Sheriff Court European Order for Payment Procedure Rules) 2008

Citation and commencement, etc.

1.—(1) This Act of Sederunt –

(a) may be cited as the Act of Sederunt (Sheriff Court European Order for Payment Procedure Rules) 2008; and

(b) comes into force on 12th January 2009.

(2) This Act of Sederunt is to be inserted in the Books of Sederunt.

Interpretation

2.—(1) In this Act of Sederunt –

“the Regulation” means Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12th December 2006 creating a European order for payment procedure(1);

“the Ordinary Cause Rules” means the First Schedule to the Sheriff Courts (Scotland) Act 1907(2);

“the Summary Cause Rules” means the Summary Cause Rules in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 2002(3);

“the Small Claim Rules” means the Small Claim Rules in Schedule 1 to the Act of Sederunt (Small Claim Rules) 2002(4);

(2) Expressions used in both the Regulation and this Act of Sederunt have the same meaning here as there.

(3) A form referred to in this Act of Sederunt by number means the form so numbered in the Schedule to this Act of Sederunt or a form substantially to the same effect, with such variation as circumstances may require.

(4) A reference in this Act of Sederunt to a numbered Article is a reference to the Article of the Regulation so numbered.

Communication by the court

3.—(1) This rule applies where, under the Regulation or this Act of Sederunt, the court requires to send a document to a person.

(2) The document is to be sent by the sheriff clerk.

(3) The document is to be sent–

(a) where it is being sent to an address within the United Kingdom, by first class recorded delivery;

(b) where it is being sent to an address outside the United Kingdom, by registered post.

(4) The sheriff clerk must complete a certificate of posting to which must be attached the relevant postal receipt.

Service on a representative

4.—(1) This rule applies where service is effected by virtue of Article 15 (service on a representative).

(2) The claimant must lodge a document signed by the person who effected service indicating the basis on which it was believed that the person on whom service was effected was the defendant’s representative.

(3) The document must be accompanied by any written material which the person effecting service relied upon in forming that belief.

Opposition to European order for payment

5.—(1) This rule applies where–

(a) the defendant lodges a statement of opposition to a European order for payment in accordance with Article 16 (opposition to European order for payment); and

(b) the claimant has not explicitly requested that the proceedings be terminated in that event.

(2) The proceedings shall continue under the Ordinary Cause Rules, the Summary Cause Rules or the Small Claim Rules, as the case may be, and the sheriff is to make an order containing such provision as the sheriff thinks fit for the purpose of bringing the proceedings into line with an appropriate stage of proceedings under those rules.

(3) The provision which may be made in an order under paragraph (2) includes–

(a) provision dispensing with any provision of the rules concerned; or

(b) provision deeming any document lodged in the proceedings for the European order for payment to constitute a document in proceedings under those rules.

(4) The court must, within 21 days after the statement of opposition was lodged–

(a) send to the claimant a notice in Form 1; and

(b) send a copy of that form to the defendant.

Review in exceptional cases

6.—(1) An application under paragraph 1 of Article 20 (review in exceptional cases: defective service, etc.) is to be in Form 2.

(2) An application under paragraph 2 of Article 20 (review in exceptional cases: other grounds) is to be in Form 3.

(3) The sheriff may make such order as the sheriff thinks fit for the progress of an application under paragraph (1) or (2) of Article 20.

(4) An application under Article 23 (stay or limitation of enforcement) is to be made by motion.

(5) A motion under paragraph (4) is to be made in accordance with, and is regulated by, Chapter 15 of the Ordinary Cause Rules.

Refusal of enforcement

7.—(1) An application under paragraph (1) of Article 22 (refusal of enforcement) is to be in Form 4.

(2) The sheriff may make such order as the sheriff thinks fit for the progress of such an application.

A C HAMILTON

Lord President I.P.D.

Edinburgh

19th December 2008