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Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2011

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Scottish Statutory Instruments

2011 No. 193

Sheriff Court

Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2011

Made

10th March 2011

Coming into force in accordance with paragraph 1(1) and (2)

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971(1), section 1A(1)(b) of the Bankruptcy (Scotland) Act 1985(2) and sections 32 and 64 of the Debt Arrangement and Attachment (Scotland) Act 2002(3) and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

(1)

1971 c.58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 2, paragraph 12; the Civil Evidence (Scotland) Act 1988 (c.32), section 2(4); the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 18(2); the Adults with Incapacity (Scotland) Act 2000 (asp 4) (the “2000 asp”), schedule 5, paragraph 13; the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43; the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(2); the Consumer Credit Act 2006 (c.14), section 16(4); and the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (the “2007 asp”) section 33. Section 32 is amended prospectively by the 2007 asp, schedule 5, paragraph 10. Section 32 was extended by the Debtors (Scotland) Act 1987 (c.18), section 97; the Child Support Act 1991 (c.48), sections 39(2) and 49; and by section 2(4) of the 2000 asp.

(2)

1985 c.66. Section 1A was substituted by the Bankruptcy (Scotland) Act 1993 (c.6), section 1(1) and amended by the 2007 asp, sections 2(2), 14(1) and 23(2) and schedule 1, paragraph 2 and schedule 6, paragraph (1); and S.I. 1999/1820.

(3)

2002 asp 17. Section 32 was amended by the 2007 asp, schedule 5, paragraph 30(8)(a).

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