Signature of warrantsS
5.1.(1)Subject to paragraph (2), a warrant for citation, [F1 or intimation] may be signed by the sheriff or sheriff clerk.
(2)The following warrants shall be signed by the sheriff:—
(a)a warrant containing an order shortening or extending the period of notice or any other order other than a warrant which the sheriff clerk may sign;
[F2(b)a warrant for arrestment to found jurisdiction [F3(including the arrestment of a ship)];
(ba)a warrant for arrestment on the dependence;]
(c)a warrant for intimation ordered under rule 33.8 (intimation where [F4alleged] association).
[F5(d)a warrant for intimation ordered under rule 33A.8 (intimation where alleged association).]
[F6(e)a warrant for arrestment of a ship to found jurisdiction;
(f)a warrant for arrestment of a ship or cargo in rem;
(g)a warrant for arrestment of cargo.]
(3)Where the sheriff clerk refuses to sign a warrant which he may sign, the party presenting the initial writ may apply to the sheriff for the warrant.
Textual Amendments
F1Words in Sch. 1 rule 5.1(1) substituted (21.5.2004) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 (S.S.I. 2004/197), para. 2(3)(a)
F2Sch. 1 rule 5.1(2)(b)(ba) substituted (21.5.2004) for Sch. 1 rule 5.1(2)(b) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004 (S.S.I. 2004/197), para. 2(3)(b)
F3Words in Sch. 1 rule 5.1(2)(b) inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 10(2)(a)
F4Word in Sch. 1 rule 5.1(2)(c) substituted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), para. 2(3)(a)
F5Sch. 1 rule 5.1(2)(d) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), para. 2(3)(b)
F6Sch. 1 rule 5.1(2)(e)-(g) inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 10(2)(b)