Sheriff Courts (Scotland) Act 1907

InterpretationS

1.2.(1)In these Rules, unless the context otherwise requires—

  • [F1“attend”, “attendance” and “attend personally” are construed in accordance with Chapter 4A (mode of attendance at hearings);]

  • “document” has the meaning assigned to it in section 9 of the M1Civil Evidence (Scotland) Act 1988;

  • [F2“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;]

  • [F3“Full Case Management Hearing” means a hearing under rules 33.36P or 33A.36P (Full Case Management Hearing), as the case may be;

  • “Initial Case Management Hearing” means a hearing under rules 33.36J or 33A.36J (Initial Case Management Hearing), as the case may be;]

  • “period of notice” means the period determined under rule 3.6 (period of notice after citation).

  • [F4“the Act of 2004” means the Vulnerable Witnesses (Scotland) Act 2004]

  • [F5“the 2014 Act” means the Courts Reform (Scotland) Act 2014;

  • “the all-Scotland sheriff court” means the sheriff court specified in the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 so far as the court is constituted by a sheriff sitting in the exercise of the sheriff’s all-Scotland jurisdiction for the purpose of dealing with civil proceedings of a type specified in that Order.]

(2)For the purposes of these Rules—

(a)“affidavit” includes an affirmation and a statutory or other declaration; and

(b)an affidavit shall be sworn or affirmed before a notary public or any other competent authority.

(3)Where a provision in these Rules requires a party to intimate or send a document to another party, it shall be sufficient compliance with that provision if the document is intimated or sent to the solicitor acting in the cause for that party.

(4)Unless the context otherwise requires, anything done or required to be done under a provision in these Rules by a party may be done by the agent for that party acting on his behalf.

(5)Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form, is a reference to the Chapter, Part, rule or form in Appendix 1, so specified in these Rules; and a reference to a specified paragraph, sub-paragraph or head is a reference to that paragraph of the rule or form, that sub-paragraph of that paragraph or that head of that sub-paragraph, in which the reference occurs.

[F6(7)In these Rules—

(a)references to a sheriff’s all-Scotland jurisdiction are to be construed in accordance with section 42(3) of the 2014 Act;

(b)references to a sheriff’s local jurisdiction are to be construed in accordance with section 42(4) of the 2014 Act.]

[F7(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.]

Textual Amendments

F4Sch. 1 rule 1.2(1): definition of "the Act of 2004" inserted (1.11.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463), para. 2(2)

Marginal Citations