Act of Sederunt (Rules of the Court of Session 1994) 1994 No. 1443 (S. 69)

SCHEDULE 2 THE RULES OF THE COURT OF SESSION 1994

Other proceedings in relation to statutory applications

CHAPTER 64 APPLICATIONS UNDER SECTION 1 OF THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972

Application of this Chapter

64.1.  This Chapter applies to an application for an order under section 1 of the Administration of Justice (Scotland) Act 1972(1) made where a cause is not depending before the court in which the application may be made.

Form of applications under the Act of 1972

64.2.  An application to which this Chapter applies shall be made by petition.

Intimation and service

64.3.—(1) Before granting the application, the court may order such intimation and service of the petition to be given or executed, as the case may be, as it thinks fit.

(2) Any person receiving intimation or service of the petition by virtue of an order under paragraph (1) may appear and oppose the application.

Orders for caution or other security

64.4.  On granting, in whole or in part, the application, the court may order the petitioner to find such caution or other security as it thinks fit.

(1)

1972 c. 59; section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 19 and Schedule 2, paragraph 15.