Search Legislation

Act of Sederunt (Sheriff Court Rules Amendment) (Electronic Authentication) 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2016 No. 415

Sheriff Court

Act of Sederunt (Sheriff Court Rules Amendment) (Electronic Authentication) 2016

Made

13th December 2016

Laid before the Scottish Parliament

14th December 2016

Coming into force

15th December 2016

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

In accordance with section 104(5) of that Act, the Court of Session has consulted the Scottish Civil Justice Council and has taken into account the views expressed by the Council.

Citation and commencement, etc.

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

(2) It comes into force on 15th December 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(2) are amended in accordance with this paragraph.

(2) After rule 1.2(7) (interpretation) insert—

(8) In these Rules, a reference to any document being authenticated, certified, signed, signed and dated, or endorsed by the sheriff, sheriff clerk, the court or the clerk of court includes a reference to that document being authenticated electronically by that person or court, as the case may be..

Amendment of the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016

3.—(1) The Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016(3) is amended in accordance with this paragraph.

(2) After rule 6.2 (debt payment programmes and moratorium on diligence) insert—

Warrant for citation

6.2A.  A warrant for citation under section 22(3) of the 2016 Act may be authenticated electronically..

(3) After rule 7.1 (form of applications) insert—

Warrant to enter premises and warrant to apprehend

7.1A.  A warrant under section 39(4) of the 2016 Act or a warrant under section 120(1) of the 2016 Act may be authenticated electronically..

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

13th December 2016

EXPLANATORY NOTE

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

This Act of Sederunt amends the Ordinary Cause Rules 1993 and the Sheriff Court Bankruptcy Rules to extend the means of authentication of documents so as to introduce electronic authentication. This facilitates the operation of Scottish Courts and Tribunal Service’s Integrated Case Management System.

Paragraph 2 provides that where certain court generated documents require to be authenticated, those documents may be authenticated electronically.

Paragraph 3 provides that certain warrants granted under the Bankruptcy (Scotland) Act 2016 may be authenticated electronically.

(2)

The Ordinary Cause Rules 1993 are in schedule 1 of 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. 2016/367.

(3)

S.S.I. 2016/313, last amended by S.S.I. 2016/367.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources