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Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017

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Scottish Statutory Instruments

2017 No. 154

Sheriff Court

Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017

Made

12th May 2017

Laid before the Scottish Parliament

16th May 2017

Coming into force

15th June 2017

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 with such modifications as it thinks appropriate.

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), section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016(3) 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 Court Rules Amendment) (Miscellaneous) 2017.

(2) It comes into force on 15th June 2017.

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

Amendment of the Act of Sederunt (Simple Procedure) 2016

2.—(1) The Act of Sederunt (Simple Procedure) 2016(4) is amended in accordance with this paragraph.

(2) In schedule 1 (the simple procedure rules)—

(a)for rule 4.3(3) substitute—

(3)This flow-chart sets out how the respondent may respond to a claim:
.;

(b)after rule 6.7(1) insert—

(2) If none of those ways has worked, a party may send it to another party by sheriff officer using one of the methods of formal service mentioned in rule 18.3.;

(c)for rule 10.5(3) substitute—

(3) Each party must collect the documents or other evidence which that party lodged with the court within 2 weeks of:

(a)the end of the 4 week period, or

(b)if the decision is appealed, the date of the appeal decision.;

(d)after rule 13.5(3) insert—

(4) A party may only apply to have a decision of the sheriff recalled in a case once.; and

(e)in rule 15.3—

(i)for paragraph (2) substitute—

(2) Before enforcing a decision for the payment of a sum of money in the following ways:

(a)an earnings arrestment (which is where a deduction is made from the earnings of the other party as a way of paying that sum of money),

(b)an attachment (which is where certain goods owned by the other party are seized and sold as a way of paying that sum of money),

(c)a money attachment (which is where money in the possession of the other party is seized as a way of paying that sum of money),

the successful party must formally serve a Charge on the other party by sheriff officer using a method of formal service mentioned in rule 18.3.; and

(ii)after paragraph (6) insert—

(7) The Charge must be in the form set out in the schedule of the Act of Sederunt (Form of charge for payment) 1988(5)..

(3) In schedule 2 (forms)—

(a)in Form 3B (further claimant form)—

(i)part C becomes part B;

(ii)in the renumbered section B1—

(aa)for “C2” substitute “B2”;

(bb)for “C3” substitute “B3”; and

(iii)the renumbered section B5 becomes section B4.

(b)for Form 4A (response form), Form 6A (notice of claim), Form 6C (confirmation of formal service) and Form 11B (witness citation notice) substitute the corresponding Form 4A, 6A, 6C and 11B set out in the schedule of this Act of Sederunt;

(c)in Form 5A (time to pay application), in the introduction, after “the claim made against you by the claimant.” insert “Only an individual (not a company or another type of organisation) may ask for time to pay.”;

(d)in Form 13A (decision form), in section A, at the end insert an entry for “Date of decision”;

(e)omit Form 15A (charge to pay); and

(f)in Form 20D (arrestment notice), in section D, at the end insert an entry for “Signature of sheriff officer”.

Amendment of the Act of Sederunt (Fatal Accident Inquiry Rules) 2017

3.—(1) The Act of Sederunt (Fatal Accident Inquiry Rules) 2017(6) is amended in accordance with this paragraph.

(2) In rule 1.2 (interpretation), in paragraph (1), after “In these Rules” insert “, unless the context otherwise requires”.

(3) In rule 3.5 (other participation), after paragraph (2) insert—

(3) Schedule 1 does not apply to applications made under this rule..

(4) In rule 4.8 (recording of the inquiry), in paragraph (4), for “(2)” substitute “(3)”.

(5) In schedule 3 (forms)—

(a)in Form 3.1 (notice of an inquiry), in the second alternative paragraph 2, after “section 4(1)(a)(i) or (ii)” insert “and set out which condition in section 6(3) is met”;

(b)in Form S4.7 (reporting restrictions: application for variation or revocation), at the end insert—

SIGNED
(signature)
(place and date); and

(c)In Form S5.5C (form of receipt from participant other than participant who originally recovered documents), for the heading substitute “Form of receipt for recovered documents”.

(6) In schedule 4 (miscellaneous and general matters), in paragraph 19(1) (interpretation), in the definition of “legal representative”, omit “; or” and head (c).

(7) In schedule 5 (gathering information), in paragraph 5 (optional procedure before executing commission and diligence), in subparagraph (10), for “4” substitute “6”.

Savings

4.  The amendments made by the following paragraphs of this Act of Sederunt do not apply to a decision in a simple procedure case made before 15th June 2017—

(a)paragraph 2(2)(d) and (e)(ii);

(b)paragraph 2(3)(e).

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

12th May 2017

Paragraph 2(3)(b)

SCHEDULE

EXPLANATORY NOTE

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

This Act of Sederunt makes miscellaneous amendments to various sheriff court rules.

Paragraph 2 amends the Act of Sederunt (Simple Procedure) 2016. These amendments clarify the Simple Procedure Rules in a number of ways. In particular, the amendments clarify who is able to make a Time to Pay Application in a simple procedure case, how a party may send something to another party if no method of sending has been effective, and how a charge must be formally served before a decision can be enforced by certain means. The amendments also provide a party may only apply to have a decision of the sheriff recalled once in a given case.

Paragraph 3 makes various minor corrections to the Act of Sederunt (Fatal Accident Inquiry Rules) 2017.

Paragraph 4 provides that certain amendments made by this Act of Sederunt only apply to a decision made in a simple procedure case on or after 15th June 2017.

(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).

(4)

S.S.I. 2016/200, last amended by S.S.I. 2016/367.

(5)

S.I. 1988/2059, which was partially revoked by S.I. 1994/1443.

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