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Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2016

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

(2) It comes into force on 28th November 2016.

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

Amendment of the Ordinary Cause Rules 1993

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

(2) In rule 36A.10(1)(c) (pre-proof timetable)(2), for “reports” substitute “records”.

Amendment of the Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 2008

3.—(1) The Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 2008(3) is amended in accordance with this paragraph.

(2) In rule 2(1) (interpretation)—

(a)after the definition of “the Ordinary Cause Rules” insert—

“the Simple Procedure Rules” means the Simple Procedure Rules in schedule 1 of the Act of Sederunt (Simple Procedure) 2016(4);; and

(b)omit the definition of “the Small Claim Rules”.

(3) In rule 4(3) (transfer to domestic procedure), for “Small Claim Rules” substitute “Simple Procedure Rules”.

(4) In the schedule—

(a)in Form 1 (form of notice that claim presented under European Small Claims Procedure outside scope of Regulation), for “small claim” substitute “simple”;

(b)in Form 2 (form of notice that claim presented under European Small Claims Procedure transferred to domestic procedure), for “small claim” substitute “simple”.

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

4.—(1) The Act of Sederunt (Sheriff Court European Order for Payment Procedure Rules) 2008(5) is amended in accordance with this paragraph.

(2) In rule 2(1) (interpretation)—

(a)after the definition of “the Ordinary Cause Rules” insert—

“the Simple Procedure Rules” means the Simple Procedure Rules in schedule 1 of the Act of Sederunt (Simple Procedure) 2016;; and

(b)omit the definition of “the Small Claim Rules”.

(3) In rule 5(2) (opposition to European order for payment), for “Small Claim Rules” substitute “Simple Procedure Rules”.

(4) In the schedule, in Form 1 (form of notice of statement of opposition to European order for payment), for “small claim” substitute “simple procedure case”.

Amendment of the Act of Sederunt (Simple Procedure) 2016

5.—(1) The Act of Sederunt (Simple Procedure) 2016 is amended in accordance with this paragraph.

(2) In paragraph 3(1) (interpretation of the Simple Procedure Rules), after the definition of “trading name” insert—

“trainee solicitor” means a person who is training to be a solicitor and is supervised by a solicitor in accordance with regulations made by the Council of the Law Society of Scotland under section 5 of the Solicitors (Scotland) Act 1980(6);.

(3) In schedule 1 (the Simple Procedure Rules)—

(a)in rule 2.2(2), after “solicitor” insert “, trainee solicitor”;

(b)in rule 15.3—

(i)for paragraph (2) substitute—

(2) Before enforcing a decision for payment of a sum of money, the successful party must formally serve a Charge on the other party by sheriff officer using one of the methods of formal service mentioned in rule 18.3.;

(ii)after paragraph (5) insert—

(6) The requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926(7)..

(c)in rule 15.4(2), after “serve it” insert “by sheriff officer”; and

(d)after rule 20.8(3), insert—

(4) The requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926..

Amendment of the Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Bankruptcy (Scotland) Act 2016) 2016

6.—(1) The Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Bankruptcy (Scotland) Act 2016) 2016(8) is amended in accordance with this paragraph.

(2) In paragraph 8 (saving)—

(a)for subparagraph (1) substitute—

(1) In this paragraph—

“the 1985 Act” means the Bankruptcy (Scotland) Act 1985;

“trust deed” has the meaning given by section 228(1) of the Bankruptcy (Scotland) Act 2016.; and

(b)for subparagraph (4) substitute—

(4) Paragraph 6 has no effect in relation to—

(a)sequestrations as regards to which the petition is presented, or the debtor application is made before 30th November 2016; or

(b)the application of the provisions mentioned in subparagraph (5) to trust deeds executed before 30th November 2016.

(5) The provisions are, in the schedule of the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008—

(a)rule 1(3), so far as relating to Forms 8 and 9 in appendix 1 of the schedule;

(b)rule 9(2) and (3); and

(c)Forms 8 and 9 in appendix 1 of the schedule..

Amendment of the Sheriff Court Bankruptcy Rules 2016

7.—(1) The Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016(9) is amended in accordance with this paragraph.

(2) In schedule 1 (forms), in Form 6.1—A (form of petition for sequestration), in the fourth of the alternative versions of statement of fact 3 (where petitioner is a trustee under a trust deed)—

(a)in the first of the alternative versions of paragraph (b), for “respondent” substitute “debtor”; and

(b)in the second of the alternative versions of paragraph (b), after “interests of” insert “the creditors”.

(3) In schedule 3 (service of documents furth of Scotland), in paragraph 8(2)(a) (consular service) omit “member”.

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

10th November 2016

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