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Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016

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Scottish Statutory Instruments

2016 No. 194

Sheriff Appeal Court

Sheriff Court

Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016

Made

7th June 2016

Laid before the Scottish Parliament

9th June 2016

Coming into force

7th July 2016

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 104(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016.

(2) It comes into force on 7th July 2016.

(3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

2.—(1) The Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(3) is amended in accordance with this paragraph.

(2) In rule 72(3)(b) (appeals)(4), for “the sheriff principal/Court of Session”, substitute “the Court of Session”.

Amendment of the Ordinary Cause Rules 1993

3.—(1) The Ordinary Cause Rules 1993(5) are amended in accordance with this paragraph.

(2) For rule 11.8(1) (uplifting of productions from process), substitute—

(1) Where a party has lodged productions in a cause, that party must uplift the productions from process within the period specified in paragraph (1A).

(1A) The period is within 14 days after—

(a)the expiry of the period within which an appeal may be made following final determination of the cause, if no appeal is made; or

(b)the date on which such an appeal is finally disposed of..

(3) In rule 33A.21(6) (child welfare reporter)(6), for “child welfare officer” substitute “child welfare reporter”.

Amendment of the Act of Sederunt (Child Care and Maintenance Rules) 1997

4.—(1) The Act of Sederunt (Child Care and Maintenance Rules) 1997(7) is amended in accordance with this paragraph.

(2) In rule 3.59 (appeals)(8), omit paragraph (8).

Amendment of the Small Claim Rules 2002

5.—(1) The Small Claim Rules 2002(9) are amended in accordance with this paragraph.

(2) In rule 23.1(appeals)(10), for paragraph (9) substitute—

(9) After the sheriff has signed the stated case, the appeal is to proceed in accordance with Chapter 29 of the Act of Sederunt (Sheriff Appeal Court Rules) 2015(11)..

Amendment of the Sheriff Court Adoption Rules 2009

6.—(1) The Sheriff Court Adoption Rules 2009(12) are amended in accordance with this paragraph.

(2) In rule 39 (permanence orders: final procedure)(13)—

(a)for paragraph (1), substitute—

(1) This rule applies where a permanence order is granted.

(1A) The sheriff clerk must issue an extract of the order to the petitioner after—

(a)the expiry of the period within which an appeal may be made, if no appeal is made; or

(b)the appeal has been finally disposed of.

(1B) Where the court has also made an order under section 89(2) of the 2007 Act (revocation of compulsory supervision order on making of permanence order), the sheriff clerk must intimate the making of that order to the Principal Reporter.;

(b)in paragraph (2), for “paragraph (1)” substitute “paragraphs (1A) and (1B)”.

Amendment of the Act of Sederunt (Sheriff Appeal Court Rules) 2015

7.—(1) The Act of Sederunt (Sheriff Appeal Court Rules) 2015(14) is amended in accordance with this paragraph.

(2) In rule 6.2(2) (form of appeal)—

(a)after subparagraph (b) insert—

(ba)have appended to it a copy of the interlocutor containing the decision appealed against;;

(b)in subparagraph (f), omit “and dated”.

(3) In rule 6.7 (provisional orders: representations)—

(a)in paragraph (1), omit “to the Court”;

(b)after paragraph (2) insert—

(2A) Paragraph (2B) applies where the procedural Appeal Sheriff varies the period of 14 days mentioned in rule 6.5(1)(b) in accordance with rule 6.5(2).

(2B) The procedural Appeal Sheriff may also vary the period of 14 days mentioned in paragraph (2)(b).;

(c)in paragraph (5), for “the Court” substitute “the procedural Appeal Sheriff”.

(4) In rule 7.15 (transmission of sheriff court process), in each of paragraphs (1), (2), 4(a)(ii) and (5)(b) for “Court” substitute “procedural Appeal Sheriff”.

(5) In rule 29.2 (summary causes and small claims: transmission of appeal), for paragraph (1) substitute—

(1) Within 4 days after the sheriff has signed the stated case, the sheriff clerk must—

(a)send the parties a copy of the stated case;

(b)transmit to the Clerk—

(i)the stated case;

(ii)all documents and productions in the case..

(6) In rule 29.3(1)(a) (transmission of appeal: time to pay direction), for “Form 22” substitute “Form 23”.

(7) In rule 30.2 (appeals under Part 15 of the Children’s Hearings (Scotland) Act 2011: transmission of appeal), for paragraph (1) substitute—

(1) Within 4 days after the sheriff has signed the stated case, the sheriff clerk must—

(a)send the parties a copy of the stated case;

(b)transmit to the Clerk—

(i)the stated case;

(ii)all documents and productions in the case..

(8) In Schedule 1 (administrative provisions)(15)—

(a)in paragraph 1(3) (quorum of the Court)—

(i)before head (a), insert—

(za)relieving a party from the consequences of a failure to comply with a provision in these Rules under rule 2.1(1);;

(ii)after head (d), insert—

(da)disposing of an application for an additional fee under rule 19.2(1), where the order allowing expenses was made by one Appeal Sheriff;

(db)disposing of an application for sanction for the employment of counsel, unless the application seeks sanction in respect of appearing at a hearing before more than one Appeal Sheriff;;

(iii)after head (e), insert—

(ea)disposing of a note of objections under rule 19.5(3), where the order allowing expenses was made by one Appeal Sheriff;;

(b)for paragraph 4(1) (form of process), substitute—

(1) A process must include the following steps of process—

(a)a minute of proceedings;

(b)an inventory of process..

(9) For Schedule 2 (forms)(16), substitute the Schedule set out in the Schedule to this Act of Sederunt.

Amendment of the Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015

8.—(1) The Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015(17) is amended in accordance with this paragraph.

(2) Paragraph 12(3)(a)(iv) (amendment of the Small Claim Rules 2002: appeals) is revoked.

Amendment of the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2016

9.—(1) The Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2016(18) is amended in accordance with this paragraph.

(2) In paragraph 5, for “21st March 2106” substitute “21st March 2016”.

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

7th June 2016

Paragraph 7(9)

SCHEDULE

Rule 1.5(1)

SCHEDULE 2Forms

EXPLANATORY NOTE

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

This Act of Sederunt amends the Act of Sederunt (Sheriff Appeal Court Rules) 2015 and various sheriff court rules, principally to address issues that have arisen since the Sheriff Appeal Court assumed its civil jurisdiction and competence on 1st January 2016.

Paragraph 7 makes a number of amendments to the Sheriff Appeal Court Rules 2015, principally to adjust the number of Appeal Sheriffs required to deal with various applications. It also substitutes the Forms to be used in that court to introduce a revised style of instance, as well as making other minor amendments.

Paragraphs 2(2), 4(2), 5(2) and 7(2) address issues arising from the Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015.

Paragraph 3(3) also corrects an error in rule 33A.21(6) of the Ordinary Cause Rules 1993 that was introduced by the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2016, and paragraph 9(2) corrects an error in that instrument itself.

The Act of Sederunt comes into force on 7th July 2016.

(1)

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

(3)

S.I. 1988/2013, last amended by S.S.I. 2015/419.

(4)

Rule 72(3) was amended by S.S.I. 2015/419.

(5)

The Ordinary Cause Rules 1993 are in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c. 51). Schedule 1 was substituted by S.I. 1993/1956 and was last amended by S.S.I. 2016/102.

(6)

Rule 33A.21 was substituted by S.S.I. 2016/102.

(7)

S.I. 1997/291, last amended by S.S.I. 2015/424.

(8)

Rule 3.59 was last amended by S.S.I. 2015/419.

(9)

The Small Claim Rules 2002 are in Schedule 1 to the Act of Sederunt (Small Claim Rules) 2002 (S.S.I. 2002/133, last amended by S.S.I. 2015/419).

(10)

Rule 23.1 was amended by S.S.I. 2015/419.

(12)

The Sheriff Court Adoption Rules 2009 are in the Schedule to the Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (S.S.I. 2009/284, last amended by S.S.I. 2015/419).

(13)

Rule 39 was amended by S.S.I. 2013/172.

(15)

Schedule 1 was amended by S.S.I. 2015/419.

(16)

Schedule 2 was amended by S.S.I. 2015/419.

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