Sheriff Courts (Scotland) Act 1907

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

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)