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Act of Sederunt (Amendment of the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009) 2009
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- 2009 No. 402
- Rule 2
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Actions relating to regulated agreements
2.—(1) The Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009(1) is amended in accordance with the following subparagraphs.
(2) For paragraph 2(2) (ordinary cause rules) substitute—
“(2) After rule 3.2 (actions relating to heritable property) insert—
“Actions relating to regulated agreements
3.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974(2) the initial writ shall include an averment that such an agreement exists and details of that agreement.”.”.
(3) For paragraph 3(2) (summary application rules) substitute—
“(2) In rule 2.4 (the initial writ)(3), after paragraph (4) insert—
“(4A) In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974 the initial writ shall include an averment that such an agreement exists and details of the agreement.”.”.
(4) For paragraph 4(2) (summary cause rules) substitute—
“(2) After rule 4.2 (statement of claim) insert—
“Actions relating to regulated agreements
4.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974 the statement of claim shall include an averment that such an agreement exists and details of the agreement.”.”.
(5) For paragraph 5(2) (small claim rules) substitute—
“(2) After rule 4.2 (statement of claim) insert—
“Actions relating to regulated agreements
4.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974 the statement of claim shall include an averment that such an agreement exists and details of the agreement.”.”.
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